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Lostone7

Joined: 08 Jun 2006 Location: SE Asia
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Posted: Wed Jun 14, 2006 7:13 pm Post subject: Contract Evaluation Please =) |
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Hi guys, I want to say thanks in advance! you all have been wonderful!
Ok, I know this contract is a little rough, but what do you think is it worth it?
Employment Contract for Foreign English Instructor
This Contract is made and entered into by and between
Employer /:
School Name :
Address Republic of Korea : Hereafter-called "Employer" /
And
English Instructor /
Instructor Name /
Passport No /
Resister Address /
Hereafter-Called "Employee" /
The institute ( Employer ), (xxxx) wishes to engage the services of the instructor xxxx ( Employee ) as an English Instructor. The two parties, in a spirit of friendly cooperation, agree to sign to this contract and pledge to fulfill conscientiously all the obligations stipulated in it.
1. Length of Employment
The employment period under this contract shall be 12 months starting
from 2006, 07, 01 and ending 2007, 06, 30 In the case that the beginning date of the contract falls before the legal entry date (as recognized by the Office of Immigration of the Republic of Korea) the 12 months will begin on the day of your first workday.
2. Work Place
The Employer shall, at his or her discretion, designate the work place. The Employee shall not engage in other jobs, including part time work or private tutoring during their employment period without the Employer's agreement.
Address Republic of Korea :
3. Work Hours and Over-time work
1) The workdays of the Employee are Monday through Friday, 5days, 120 hours per month.
Monday ,Tuesday, Wednesday ,Thursday, Friday : PM 3;10 ~ PM 8:15
( Each class has 45minutes )
Monday ,Tuesday, Wednesday ,Thursday, Friday : AM 09;10 ~ AM 11:50 ,
(During summer, winter vacation) PM 02:30 ~PM 05:20
( Each class has 45minutes )
2) If the Employee does not want to work overtime, the Employer shall not force the employee to do so. When the Employee and the Employer reach a mutual agreement about working overtime, and the Employee does so, the Employer must pay the Employee for working overtime, according to Article 6 Clause 2.
3) Even though the Employee could work less than 120 hours per month due to lack of classes, the Employee shall be paid with the mentioned salary in this contract.
4) The Employee shall attend no more than 4 staff meetings per month which are not held during working hours however this will not be considered as working overtime.
4. Employee's duties
1) The Employee shall comply with the Employer's regulations and rules under the guide of the Director or Supervisor of the work place in order to perform their duties.
2) The Employee must to try to act with dignity as an English teacher acting in this manner during the whole time that the Employee works for the employer.
The Employee shall comply with the laws, regulations and rules of Republic of Korea and shall not be involved in any illegal activities that might damage their visa status and the reputation of the Employer.
3) The Employee must observe her/his class schedules. Furthermore, the Employee shall attend staff meetings and workshops and prepare their classes as required.
4) In the case that the Employee will be absent due to unexpected sickness or accident, the Employee is required to give prompt notice. in the case that the Employee is absent,( 100,000 )won per day shall be deducted from the salary.
5) The Employee shall use only teaching materials provided by or recommended by the Employer. The use of supplemental materials is encouraged, but only after the Employer gives prior approval. The Employee shall submit the next month's teaching plan at the end of every month.
6) The Employee shall not reveal information regarding her/his class to other person or to other institutes. In the events that the Employment was damaged by the Employee's revealing to others, the Employee shall have the responsibility for compensating the Employment's damage.
7) In the event that a dispute arises, both parties shall try to resolve it amicably with understanding of different cultures and customs.
5. Employer's Duties
1) The Employer shall provide the Employee with full support, shall respect the Employee's dignity and try to keep their relationship harmonious with the Employee.
2) The Employer shall pay the salary, as stated in this contract, and in case the Employee requests teaching materials, the Employer shall support these with utmost efforts.
3) The Employer acknowledges the differences of cultures and customs between the two parties. The Employer shall help the Employee to settle into their new residential and working circumstance. In the case of the Employee having trouble such as sickness and/or accident, the Employer is responsible for assisting the Employee.
4) The Employer shall not infringe on the Employee's privacy. In case the Employee brings disgrace on the Employer, the Employer shall have the right to ask the Employee to correct the situation.
5) In the event that a dispute arises, both parties shall try to their best to resolve it.
6. Compensation
1) The Employee shall be paid 2.2 million won per month. The first salary shall be paid according to starting day to work at the school. The last utility fee shall be deducted from the last salary.
2) Overtime shall be paid at the rate of ( 20,000)won per hour and paid with salary on the payment day.
3) When the Employee completes the contract without breaking the contract, the Employer must pay a severance payment equal to one month's salary. If the Employee does not complete the contract then this payment would not given.
4) The tax for severance payment and salary must be paid as described the Korean Tax laws. All wages are to be paid in Korean Won to the Employee's designated Korean bank account.
5)The Employee will be paid salary the end of every month
7. Housing
1) The Employee will be provided with a non-shared studio, which is furnished with basic appliances.
2) The following furnishings are provided: bed and sheets, wardrobe, table, chair, TV, (if cable network is not connected), refrigerator, gas range, washing machine, electric fan, basic cooking facilities and utensils, and basic cleaning tools.
3) Monthly utilities for electricity, water, gas, oil and Internet are the Employee's responsibility. Furthermore, all the expense regarding his/her meals are also the Employee's responsibility.
4) The Employee shall be responsible for maintenance of apartment, furniture and equipment. Any damage is the Employee's responsibility.
5) Upon completion of this contract, the overdue for monthly utilities for electricity, water, gas, oil and Internet shall be deducted from the last month salary.
8. Air Fare
Employee will be given an economy class ticket from the point of hire for passage on a regularly scheduled airline to Korea. In the event Employee completes the full contract period, Employer will purchase for the Employee an economy class ticket for passage to point of hire, provided the time of termination of employment. Employee's ticket back to point of departure is given when employee leaves employment.
In the event that the Employee continues employment under a subsequent employment with Employer, the return air ticket shall be provided at the time of completion of the subsequent contract period(s). If Employee were fired from the institute before the completion of twelfth months teaching session, employee will not be given a ticket to the point of departure.
9. Paid Vacation and Paid Leave
1) The Employee can get 10 days in total for a paid vacation while the Employee is under the contract. The paid vacation will be according to the Employer's schedule, during the period of the contract. National Holidays, Saturdays and Sundays shall not be included in a paid vacation.
2) Paid sick leave shall be 3 days during the period of the contract. A doctor's medical certificate for such absences shall be submitted to the Employer. However, if the period of leave from illness exceeds 3 days, those hours shall not be considered as paid sick leave.
3) With the exception of entitled paid vacation and sick leave, in the case that the Employee is absent,( 100,000 )won per day shall be deducted from the salary.
10. Income tax and Medical Insurance
1) Income tax shall be withheld from the salary at a rate 3-5 of % in accordance with Korean Tax Law. The Employee shall be provided with the receipts.
2) The Employee shall be covered by medical benefits under the Korean Medical Insurance Union, Government Health Organization. Half of the premium shall be paid by the Employer with the other half paid by the Employee.
3) In the case that the Employee is injured from an accident or mishap outside of their normal work duties, the Employer shall have no responsibility for medical and/or hospital costs.
11. Cancellation
The Employer may cancel the contract due to the circumstances specified below:
1) In such a case as the Employee, or any the Employee's dependents, violates any laws of Republic of Korea.
2) In such a case as the Employee uses drugs, excluding those supplied by prescription, or alcohol during their work hours.
3) In such a case as the Employee makes sexual abuse or as regarding overly abusive language and violence that you relate with students or employees of the institute.
4) In such a case as continuation of working is determined impossible due to the Employee's mental and/or physical impairment.
5) In such a case as there is continued failure to keep regularly scheduled classes and/or the amount of unexcused absence exceeds 3 days.
6) In such a case as the Employee does not carry out the responsibilities stipulated in the contract.
In case of failure to adhere to the above articles, the Employer shall notify to the Employee the cancellation of the contract in written form 15 days prior. The plane ticket and the severance payment shall not be given to the Employer.
12. Modifications and Termination
1) In case of modification, or termination, of the contract both parties must give 60 days prior written notice after mutual agreement between both parties.
2) In case the Employee's death, war and/or any accident and that the Employee fails to acquire E-2 VISA, this contract shall be terminated.
3) The Employee can terminate this contract in the event the Employer does not follow this contract as stated herein, or in the case that the Employee is assaulted verbally, physically, and/or mentally by the Employer. If the contract is terminated by this case, the Employer shall give the Employee his/her release form.
4) After Employee is notified with the termination of the contract, the Employee must finish all her/his duties before the contract is actually terminated.
5) Changes in the contract must be made in writing. Changes without any written form cannot be used as a basis for termination or court action.
13. Miscellaneous provisions
1) The governing language of this contract shall be English. The English contract shall govern the translation into any other language.
2) The Employer and the Employee will act in good faith toward each other. The Employer will not dismiss the Employee without reasons that are reasonably considered as a good cause and the Employee will do their utmost to satisfactorily fulfill all the responsibilities and meet all the conditions as described in the above agreement.
3) Duplicate copies of this contract are in effect. The Employee retains one copy and the Employer retains one copies. All copies must have the same beginning and ending dates.
The Employer and the Employee mutually agree on all the articles of this contract. In the event that and unresolved conflict arises, both parties shall follow the laws of the Republic of Korea to resolve it.
Employer / President of Institute Employee / English Instructor
Oh Heejung
Date 2006. 6. Date( ) |
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TheUrbanMyth
Joined: 28 Jan 2003 Location: Retired
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Posted: Wed Jun 14, 2006 7:37 pm Post subject: |
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Looks fairly good. Re-check number 4 under the heading 4. Employee duties and get that changed to "If the employee is absent WITHOUT GIVING NOTICE...."
Also get A/C
Other than those it's quite decent. |
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Lostone7

Joined: 08 Jun 2006 Location: SE Asia
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Posted: Wed Jun 14, 2006 7:43 pm Post subject: Thank you! |
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Thanks! |
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pgplummer

Joined: 10 Jun 2006 Location: Canada
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Posted: Wed Jun 14, 2006 8:02 pm Post subject: |
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Employer /:
School Name :
Address Republic of Korea : Hereafter-called "Employer" /
And
English Instructor /
Instructor Name /
Passport No /
Resister Address /
Hereafter-Called "Employee" /
The institute ( Employer ), (xxxx) wishes to engage the services of the instructor xxxx ( Employee ) as an English Instructor. The two parties, in a spirit of friendly cooperation, agree to sign to this contract and pledge to fulfill conscientiously all the obligations stipulated in it.
1. Length of Employment
The employment period under this contract shall be 12 months starting
from 2006, 07, 01 and ending 2007, 06, 30 In the case that the beginning date of the contract falls before the legal entry date (as recognized by the Office of Immigration of the Republic of Korea) the 12 months will begin on the day of your first workday.
E2 states the start date
2. Work Place
The Employer shall, at his or her discretion, designate the work place. The Employee shall not engage in other jobs, including part time work or private tutoring during their employment period without the Employer's agreement.
Address Republic of Korea :
No way! work place is the address on the contract.
3. Work Hours and Over-time work
1) The workdays of the Employee are Monday through Friday, 5days, 120 hours per month.
Monday ,Tuesday, Wednesday ,Thursday, Friday : PM 3;10 ~ PM 8:15
( Each class has 45minutes )
Monday ,Tuesday, Wednesday ,Thursday, Friday : AM 09;10 ~ AM 11:50 ,
(During summer, winter vacation) PM 02:30 ~PM 05:20
( Each class has 45minutes )
OUCH splt shift
2) If the Employee does not want to work overtime, the Employer shall not force the employee to do so. When the Employee and the Employer reach a mutual agreement about working overtime, and the Employee does so, the Employer must pay the Employee for working overtime, according to Article 6 Clause 2.
3) Even though the Employee could work less than 120 hours per month due to lack of classes, the Employee shall be paid with the mentioned salary in this contract.
4) The Employee shall attend no more than 4 staff meetings per month which are not held during working hours however this will not be considered as working overtime.
4 Meetings a month? Another OUCH and also must give a maximum time. No more then one hour per month
4. Employee's duties
1) The Employee shall comply with the Employer's regulations and rules under the guide of the Director or Supervisor of the work place in order to perform their duties.
2) The Employee must to try to act with dignity as an English teacher acting in this manner during the whole time that the Employee works for the employer.
The Employee shall comply with the laws, regulations and rules of Republic of Korea and shall not be involved in any illegal activities that might damage their visa status and the reputation of the Employer.
3) The Employee must observe her/his class schedules. Furthermore, the Employee shall attend staff meetings and workshops and prepare their classes as required.
Once again time limit need. 1 hour maximum per month
4) In the case that the Employee will be absent due to unexpected sickness or accident, the Employee is required to give prompt notice. in the case that the Employee is absent,( 100,000 )won per day shall be deducted from the salary.
NEVER sick time is sick time you do not pay for being sick
5) The Employee shall use only teaching materials provided by or recommended by the Employer. The use of supplemental materials is encouraged, but only after the Employer gives prior approval. The Employee shall submit the next month's teaching plan at the end of every month.
OUCH a month in advance for lesson plans.
6) The Employee shall not reveal information regarding her/his class to other person or to other institutes. In the events that the Employment was damaged by the Employee's revealing to others, the Employee shall have the responsibility for compensating the Employment's damage.
Good luck enforcing this!
7) In the event that a dispute arises, both parties shall try to resolve it amicably with understanding of different cultures and customs.
This is just friendly nothingness
5. Employer's Duties
1) The Employer shall provide the Employee with full support, shall respect the Employee's dignity and try to keep their relationship harmonious with the Employee.
2) The Employer shall pay the salary, as stated in this contract, and in case the Employee requests teaching materials, the Employer shall support these with utmost efforts.
3) The Employer acknowledges the differences of cultures and customs between the two parties. The Employer shall help the Employee to settle into their new residential and working circumstance. In the case of the Employee having trouble such as sickness and/or accident, the Employer is responsible for assisting the Employee.
Maybe in the first month.
4) The Employer shall not infringe on the Employee's privacy. In case the Employee brings disgrace on the Employer, the Employer shall have the right to ask the Employee to correct the situation.
What is this contract saying here?
5) In the event that a dispute arises, both parties shall try to their best to resolve it.
6. Compensation
1) The Employee shall be paid 2.2 million won per month. The first salary shall be paid according to starting day to work at the school. The last utility fee shall be deducted from the last salary.
2) Overtime shall be paid at the rate of ( 20,000)won per hour and paid with salary on the payment day.
3) When the Employee completes the contract without breaking the contract, the Employer must pay a severance payment equal to one month's salary. If the Employee does not complete the contract then this payment would not given.
4) The tax for severance payment and salary must be paid as described the Korean Tax laws. All wages are to be paid in Korean Won to the Employee's designated Korean bank account.
5)The Employee will be paid salary the end of every month
NO WAY! You should not wait any longer then one month to be paid and it should always be before the 5th. First month should be prorated at the correct numbers to ensure no long non pay time.
7. Housing
1) The Employee will be provided with a non-shared studio, which is furnished with basic appliances.
2) The following furnishings are provided: bed and sheets, wardrobe, table, chair, TV, (if cable network is not connected), refrigerator, gas range, washing machine, electric fan, basic cooking facilities and utensils, and basic cleaning tools.
AIR CONDITIONER. Must have an air conditioner. Need more specific list of chattels
3) Monthly utilities for electricity, water, gas, oil and Internet are the Employee's responsibility. Furthermore, all the expense regarding his/her meals are also the Employee's responsibility.
4) The Employee shall be responsible for maintenance of apartment, furniture and equipment. Any damage is the Employee's responsibility.
5) Upon completion of this contract, the overdue for monthly utilities for electricity, water, gas, oil and Internet shall be deducted from the last month salary.
8. Air Fare
Employee will be given an economy class ticket from the point of hire for passage on a regularly scheduled airline to Korea. In the event Employee completes the full contract period, Employer will purchase for the Employee an economy class ticket for passage to point of hire, provided the time of termination of employment. Employee's ticket back to point of departure is given when employee leaves employment.
In the event that the Employee continues employment under a subsequent employment with Employer, the return air ticket shall be provided at the time of completion of the subsequent contract period(s). If Employee were fired from the institute before the completion of twelfth months teaching session, employee will not be given a ticket to the point of departure.
NO WAY! If employer fires you a week before completion then no return airfare. 30 days before completion a scheduled flight with ticket should be in your hands.
9. Paid Vacation and Paid Leave
1) The Employee can get 10 days in total for a paid vacation while the Employee is under the contract. The paid vacation will be according to the Employer's schedule, during the period of the contract. National Holidays, Saturdays and Sundays shall not be included in a paid vacation.
I don't like this. You should have say as to when you get vacation, providing notice is given.
2) Paid sick leave shall be 3 days during the period of the contract. A doctor's medical certificate for such absences shall be submitted to the Employer. However, if the period of leave from illness exceeds 3 days, those hours shall not be considered as paid sick leave.
3 days is too few. Get it increased to at least 6 or more also add that unused sick days will be paid out to you at 80,000 won per day.
3) With the exception of entitled paid vacation and sick leave, in the case that the Employee is absent,( 100,000 )won per day shall be deducted from the salary.
NO I said this before
10. Income tax and Medical Insurance
1) Income tax shall be withheld from the salary at a rate 3-5 of % in accordance with Korean Tax Law. The Employee shall be provided with the receipts.
Is it 3 or 5. It is neither it is 39,800 won
2) The Employee shall be covered by medical benefits under the Korean Medical Insurance Union, Government Health Organization. Half of the premium shall be paid by the Employer with the other half paid by the Employee.
3) In the case that the Employee is injured from an accident or mishap outside of their normal work duties, the Employer shall have no responsibility for medical and/or hospital costs.
11. Cancellation
The Employer may cancel the contract due to the circumstances specified below:
1) In such a case as the Employee, or any the Employee's dependents, violates any laws of Republic of Korea.
2) In such a case as the Employee uses drugs, excluding those supplied by prescription, or alcohol during their work hours.
3) In such a case as the Employee makes sexual abuse or as regarding overly abusive language and violence that you relate with students or employees of the institute.
4) In such a case as continuation of working is determined impossible due to the Employee's mental and/or physical impairment.
5) In such a case as there is continued failure to keep regularly scheduled classes and/or the amount of unexcused absence exceeds 3 days.
6) In such a case as the Employee does not carry out the responsibilities stipulated in the contract.
In case of failure to adhere to the above articles, the Employer shall notify to the Employee the cancellation of the contract in written form 15 days prior. The plane ticket and the severance payment shall not be given to the Employer.
I think this is supposed to be employee not employer.
12. Modifications and Termination
1) In case of modification, or termination, of the contract both parties must give 60 days prior written notice after mutual agreement between both parties.
2) In case the Employee's death, war and/or any accident and that the Employee fails to acquire E-2 VISA, this contract shall be terminated.
3) The Employee can terminate this contract in the event the Employer does not follow this contract as stated herein, or in the case that the Employee is assaulted verbally, physically, and/or mentally by the Employer. If the contract is terminated by this case, the Employer shall give the Employee his/her release form.
4) After Employee is notified with the termination of the contract, the Employee must finish all her/his duties before the contract is actually terminated.
5) Changes in the contract must be made in writing. Changes without any written form cannot be used as a basis for termination or court action.
13. Miscellaneous provisions
1) The governing language of this contract shall be English. The English contract shall govern the translation into any other language.
2) The Employer and the Employee will act in good faith toward each other. The Employer will not dismiss the Employee without reasons that are reasonably considered as a good cause and the Employee will do their utmost to satisfactorily fulfill all the responsibilities and meet all the conditions as described in the above agreement.
Need more specific writing. " for violating the contract for..."
3) Duplicate copies of this contract are in effect. The Employee retains one copy and the Employer retains one copies. All copies must have the same beginning and ending dates.
The Employer and the Employee mutually agree on all the articles of this contract. In the event that and unresolved conflict arises, both parties shall follow the laws of the Republic of Korea to resolve it.
Employer / President of Institute Employee / English Instructor
Oh Heejung
Date 2006. 6. Date( )
Lots of revisions needed. I would not consider this contract at all. If you can get the revisions done then good for you. Many of these items are set in stone and I would never accept these terms.
Keep hunting |
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Lostone7

Joined: 08 Jun 2006 Location: SE Asia
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Posted: Wed Jun 14, 2006 8:41 pm Post subject: Kewl Kewl |
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I will try to get these things fix! Thank you ! |
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John Henry
Joined: 24 Sep 2004
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Posted: Wed Jun 14, 2006 11:11 pm Post subject: |
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3) With the exception of entitled paid vacation and sick leave, in the case that the Employee is absent,( 100,000 )won per day shall be deducted from the salary.
NO I said this before
Gonna have to disagree with you on this. I signed a contract with a similar clause and here's why I thik it's fair:
I fu@k off one day when all of my alloted sick and vacation days are used up. Why should they have to pay me? So, if my usual salary is, say, 2.0, I should have to "pay back" the amount that I made that day.
So, I see it as a situation where I am just taking a day off and not geting paid. I'm not actually "paying them" anything. It's a breakeven thing.
You do need aircon tho. |
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Lostone7

Joined: 08 Jun 2006 Location: SE Asia
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Posted: Wed Jun 14, 2006 11:24 pm Post subject: UPdated |
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Ok, I took what was said from you guys and other posts and modifed the contract and said this is what i would like.
What do you think I got my bases covered?
Well I hope so............ I been on this job hunt thing for over a month and have been getting shitty offers!!! a lot better pay but with so so so many hour 9plus on averages so i want a decent contract, I want to be in Korea! I figured i would get better offers with my masters degree, university teaching exp. etc. but does not seem to be the case............. My contract is up in the US july first so I wish something good would come along.......... = )
This Contract is made and entered into by and between
Employer /:
School Name :
Address Republic of Korea :
Hereafter-called "Employer" /
And
English Instructor /
Instructor Name /
Passport No /
Resister Address /
Hereafter-Called "Employee" /
The institute ( Employer ), (xxxx) wishes to engage the services of the instructor xxxxxx( Employee ) as an English Instructor. The two parties, in a spirit of friendly cooperation, agree to sign to this contract and pledge to fulfill conscientiously all the obligations stipulated in it.
1. Length of Employment
The employment period under this contract shall be 365day.
The period of employment is from the issue date on your E2 Visa to your expiry date on your E2 Visa. The employee shall work for the employer when Korean Immigration Officials have issued the employee an E2 Visa. After the employee has been issued an E2 Visa from Korean Immigration Officials, the employee shall work for the employer for a period not exceeding one year in length. The employee shall work from ____/____/____ until ____/____/____.
2. Work Place
The Employee shall, work at xxxxxxxxx The Employee shall not engage in other jobs, including part time work or private tutoring during their employment period without the Employer's agreement.
3. Work Hours and Over-time work
1) The workdays of the Employee are Monday through Friday, 5days, 120 Contact hours per month. Employee is required to be at the school 30 minutes before the first class for preparations. The contract hours are listed below.
Monday ,Tuesday, Wednesday ,Thursday, Friday : PM 3;10 ~ PM 8:15
( Each class is 45minutes which constitutes 1 contact hour)
Monday ,Tuesday, Wednesday ,Thursday, Friday : AM 09;10 ~ AM 11:50 ,
(During summer, winter vacation) PM 02:30 ~PM 05:20
( Each class is 45minutes which constitutes 1 contact hour )
2) If the Employee does not want to work overtime, the Employer shall not force the employee to do so. When the Employee and the Employer reach a mutual agreement about working overtime, and the Employee does so, the Employer must pay the Employee for working overtime, according to Article 6 Clause 2.
3) Even though the Employee could work less than 120 contact hours per month due to lack of classes, the Employee shall be paid 2.2millon in salary for each month.
4) The Employee shall attend no more than 4 one hour staff meetings per month which are not held during working hours however this will not be considered as working overtime.
4. Employee's duties
1) The Employee shall comply with the Employer's regulations and rules under the guide of the Director or Supervisor of the work place in order to perform their duties.
2) The Employee must try to act with dignity as an English teacher acting in this manner during the whole time that the Employee works for the employer.
The Employee shall comply with the laws, regulations and rules of Republic of Korea and shall not be involved in any illegal activities that might damage their visa status and the reputation of the Employer.
3) The Employee must observe her/his class schedules. Furthermore, the Employee shall attend staff meetings and prepare their classes as required as listed in this contract.
4) In the case that the Employee is absent due to unexpected sickness or accident, the Employee is required to give prompt notice. in the case that the Employee is absent,( 100,000 )won per day shall be deducted from the salary. . If the employee does not use any of his sick leave he will be rewarded at the end of the contract at the rate of 80,000 won per day of unused sick leave.
5) The Employee shall use only teaching materials provided by or recommended by the Employer. The use of supplemental materials is encouraged, but only after the Employer gives prior approval. The Employee shall submit the next month's teaching plan at the end of every month.
6) The Employee shall not reveal information regarding her/his class to other person or to other institutes. In the events that the Employment was damaged by the Employee's revealing to others, the Employee shall have the responsibility for compensating the Employment's damage.
7) In the event that a dispute arises, both parties shall try to resolve it amicably with understanding of different cultures and customs.
5. Employer's Duties
1) The Employer shall provide the Employee with full support, shall respect the Employee's dignity and try to keep their relationship harmonious with the Employee.
2) The Employer shall pay the salary, as stated in this contract, and in case the Employee requests teaching materials, the Employer shall support these with utmost efforts.
3) The Employer acknowledges the differences of cultures and customs between the two parties. The Employer shall help the Employee to settle into their new residential and working circumstance. In the case of the Employee having trouble such as sickness and/or accident, the Employer is responsible for assisting the Employee.
4) The Employer shall not infringe on the Employee's privacy. In case the Employee brings disgrace on the Employer, the Employer shall have the right to ask the Employee to correct the situation.
5) In the event that a dispute arises, both parties shall try to their best to resolve it.
6. Compensation
1) The Employee shall be paid 2.2 million won per month. The first salary shall be paid according to starting day at the school. The last utility fee shall be deducted from the last salary.
2) Overtime shall be paid at the rate of ( 20,000)won per hour and paid with salary on the payment day.
3) Severance: At the end of the contract the employee will receive a payment equal to a months salary. 2,200,000 won. If the Employee does not complete the contract then this payment would not given.
4) The tax for severance payment and salary must be paid as described the Korean Tax laws. All wages are to be paid in Korean Won to the Employee's designated Korean bank account.
5)The Employee will be paid salary at the end of every month and no later than the 5th day of the following month in which employee worked.
7. Housing
1) The Employee will be provided with a single housing and rent and fees, which is also, furnished with basic appliances.
2) The following furnishings are provided Upon Arrival: bed and sheets, wardrobe, table, chair, TV, (if cable network is not connected), refrigerator, gas range, washing machine, electric fan, basic cooking facilities and utensils to include pots, pans and dishes, and basic cleaning tools, AIR conditioner, Cloths rack, Desk and phone..
3) Monthly utilities for electricity, water, gas, oil and Internet are the Employee's responsibility. Furthermore, all the expense regarding his/her meals are the Employee's responsibility.
4) The Employee shall be responsible for the apartment, furniture and equipment. Any damage is the Employee's responsibility.
5) Upon completion of this contract, the overdue for monthly utilities for electricity, water, gas, oil and Internet shall be deducted from the last month salary.
8. Air Fare
Economy airfare will be provided from the nearest international airport from the employees home on a regularly scheduled airline to Korea. At the end of the contract the employee has an option to return there or accept 80% cash value in lue of a ticket.
If Employee is fired from the institute before the completion of twelve months teaching sessions, employee will not be given a ticket to the point of departure. However, employee cannot be fired after the 9th month without documented and written proof of a violation listed in this contract.
9. Paid Vacation and Paid Leave
1) The Employee will receive 10 workdays in total for a paid vacation while the Employee is under the contract. The paid vacation will be according to the Employer's schedule, however employee may request and receive vacation days with 30 days notice during the period of the contract. National Holidays, Saturdays and Sundays shall not be included in a paid vacation.
2) Paid sick leave shall be 6 days during the period of the contract. A doctor's medical certificate shall be submitted to the Employer if employee misses two consecutive days. However, if the period of leave from illness exceeds 6 days, those hours shall not be considered as paid sick leave.
3) With the exception of entitled paid vacation and sick leave, in the case that the Employee is absent,( 100,000 )won per day shall be deducted from the salary.
10. Income tax and Medical Insurance
1) Deductions: Pension in the amount of 4.5% of the employees salary will be deducted matched by an equal amount by the employer. in accordance with Korean Tax Law. The Employee shall be provided with the receipts.
2) Health care provided by NHIC will be deducted in the amount of 2.24% matched by an equal amount by the employer. Taxes will be deducted in the amount of 39,800 won per month. In the event the employee works overtime this rate will be adjusted according to the national tax service "monthly withholding tax".
3) In the case that the Employee is injured from an accident or mishap outside of their normal work duties, the Employer shall have no responsibility for medical and/or hospital costs.
11. Cancellation
The Employer may cancel the contract due to the circumstances specified below:
1) In such a case as the Employee, or any the Employee's dependents, violates any laws of Republic of Korea.
2) In such a case as the Employee uses drugs, excluding those supplied by prescription, or alcohol during their work hours.
3) In such a case as the Employee makes sexual abuse or as regarding overly abusive language and violence that you relate with students or employees of the institute.
4) In such a case as continuation of working is determined impossible due to the Employee's mental and/or physical impairment.
5) In such a case as there is continued failure to keep regularly scheduled classes and/or the amount of unexcused absence exceeds 3 days.
6) In such a case as the Employee does not carry out the responsibilities stipulated in the contract.
In case of failure to adhere to the above articles, the Employer shall notify the Employee the cancellation of the contract in written form 15 days prior. The plane ticket and the severance payment shall not be given to the Employer.
12. Modifications and Termination
1) In case of modification, or termination, of the contract both parties must give 30 days prior written notice after mutual agreement between both parties.
2) In case the Employee's death, war and/or any accident and that the Employee fails to acquire E-2 VISA, this contract shall be terminated.
3) The Employee can terminate this contract in the event the Employer does not follow this contract as stated herein, or in the case that the Employee is assaulted verbally, physically, and/or mentally by the Employer. If the contract is terminated by this case, the Employer shall give the Employee his/her release form. The Employee can terminate this contract with 30 days of written notice. A letter of release will be issued to the employee upon termination of this contact. A letter of release will not be withheld from employee under any circumstances upon employees request.
4) After Employee is notified with the termination of the contract, the Employee must finish all her/his duties before the contract is actually terminated.
5) Changes in the contract must be made in writing. Changes without any written form cannot be used as a basis for termination or court action.
13. Miscellaneous provisions
1) The governing language of this contract shall be English. The English contract shall govern the translation into any other language.
2) The Employer and the Employee will act in good faith toward each other. The Employer will not dismiss the Employee without reasons that are reasonably considered as a good cause and the Employee will do their utmost to satisfactorily fulfill all the responsibilities and meet all the conditions as described in the above agreement.
3) Duplicate copies of this contract are in effect. The Employee retains one copy and the Employer retains one copies. All copies must have the same beginning and ending dates.
The Employer and the Employee mutually agree on all the articles of this contract. In the event that and unresolved conflict arises, both parties shall follow the laws of the Republic of Korea to resolve it. |
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