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Newbie contract evaluation...

 
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Allisg43



Joined: 14 Jun 2006

PostPosted: Wed Jun 14, 2006 8:07 pm    Post subject: Newbie contract evaluation... Reply with quote

Please take a look and let me know. I have talked with a number of teachers at the school and they all seem happy with no major complaints and say that the management is real supportive. But let me know about the contract, I am a recent grad with no experience:

This EMPLOYMENT AGREEMENT has been made this _______________ by and between ECC English Academy, having its business at 4F Worldcuptown, 536-2 Bunji, Sang-Dong, Wonmi-Gu, Bucheon-City, Kyunggi-Do, the Republic of Korea (hereinafter referred to as �Employer�) and ______________________ a citizen of __________________________ who resides at ________________________________________ (hereinafter referred to as �Employee�). All terms stated in this contract shall come into effect as of _______________ and shall stay in effect until _______________.

Employer and Employee, in consideration of the mutual promises and covenants contained herein, agree as follows:

1. Employee hereby accepts employment from Employer to teach the English language in the form and manner and under the terms and conditions set forth here in this agreement.

2. The �place of employment� is at the address listed above.

3. Terms of Agreement
3.1 The �terms of agreement� shall include orientation time, twelve (12) full and consecutive teaching sessions, and all scheduled vacations and holidays which fall during the duration of this contract. The total term of this contract is for twelve (12) months, commencing from the date the Employee begins teaching and finishing on the last teaching day of Employee�s twelfth session.
3.2 Employee agrees to discontinue residence in Korea under the E-2 visa sponsored by Employer immediately upon termination of employment. The actual termination of employment is based on the visa expiration date, not the expiration date of the ARC.
3.3 Periods of employment beyond that covered by this agreement must be agreed upon by Employee and Employer, in writing, within three (3) months of the expiration of this contract.

4. Duties
4.1 During the term of this agreement, Employee will be required to fulfill the following requirements:
a) Be on site a minimum of one (1) hour before Employee�s first scheduled class unless prior arrangements have been made.
b) Prepare fully for each class. This will involve filling out a daily lesson plan, supplying appropriate worksheets, and obtaining the necessary materials needed for each class.
c) Administer monthly tests for each class. If there is no test readily available, Employee is responsible for making one appropriate for the class.
d) Attend meetings and workshops scheduled by Employer within the institute�s operating hours. Workshops and meetings are designed to inform the staff about matters relating to their duties and the institute�s operations, or to assist in Employee�s professional development.
e) Perform monthly phone calls with each of Employee�s students. These phone calls can be done at the institute after Employee�s final class of the day, during Employee�s breaks, or at any other time of Employee�s choosing. The purpose of the phone call is to determine the student�s ability to have a conversation without face-to-face contact.
f) In the event that any of the preceding requirements are not met, Employer will follow guidelines set out in Section 6.1.

4.2 This agreement calls for Employee to teach a maximum of 150 classes /100 hours (1 class = 40 minutes) per session. Monday through Friday are teaching days with the exception of scheduled public holidays and vacation days.
4.3 Employee may be required to teach classes in excess of the maximum teaching requirement listed above (such excess hereinafter will be referred to as �overtime�). Employer may assign up to 180 classes /120 hours (1 class = 40 minutes). Overtime in excess of 180 classes will need the consent of Employee. Only classes in excess of the maximum teaching requirement and approved by Employer are considered as overtime. Employee will be paid at the flat rate of 15,000 won for each class of overtime.
4.4 Employer may assign Employee with some non-teaching duties within the limits of total work hours set forth above.
4.5 At all times during the term of this agreement, Employee will directly adhere to and obey all rules and regulations that have been, or may hereafter be, established by Employer for the conduct of Employees or generally for the lecturers at the place of employment.
4.6 Employee agrees to dress appropriately at all times when teaching or when present on the premises of the place of employment and to follow the advice, directives and policies of Employer regarding what constitutes appropriate dress.
4.7 Employee understands and agrees that at all times during the term of this agreement, Employee will strictly adhere to and obey all laws, regulations, provisions, instructions and guidance from the Government of Korea or any local government or officials thereof.

5. Compensations and Other Treatment of Employee
5.1 Transportation
a) Employer will provide an economy class ticket from the closest airport to Employee (henceforth referred to as �point of departure�) to Incheon International Airport (henceforth referred to as �point of arrival�). This one-way ticket will be provided once Employee�s visa has been confirmed. In such a case where Employee purchases his/her own economy class ticket from the point of departure to the point of arrival, Employer will reimburse Employee for this purchase.
b) Upon completion of the full contract period, Employer will provide an economy class ticket from the point of arrival back to the point of departure. Employee may negotiate a different point of departure providing Employee makes up any difference in ticket price compared to a ticket to the original point of departure.
c) Airline tickets provided cannot be exchanged for cash equivalents or transferred to any person other than Employee. Employer does not agree to, and is not liable for, compensation to Employee, whether in cash or otherwise, for airline tickets which are not used by Employee.
5.2 Orientation and Training
a) Shortly after arrival in Korea, Employee will be required to undertake orientation and training intended to provide Employee with the requisite familiarity with institute operations and policies and to ensure that the Employee possesses adequate knowledge and skills related to teaching duties.
b) Orientation will include some class observation time as well as one-on-one training with the institute�s managers.
5.3 Monthly Compensation
a) Employer will pay Employee, as compensation for all services rendered, a monthly salary of 2,000,000 won. Each monthly payment is compensation for services rendered during the previous session/month.



b) One session is made up of 20 academic days. There are twelve (12) sessions in one year, but each session may not necessarily fit into one month. There may be some overlaps into the next month. Monthly payment is compensation for the time from start of one session until the day before the start of the next session. Salary will commence from Employee�s first day of in class teaching.
c) Monthly payment will be on the 7th day of each month. If the 7th happens to fall on a weekend or holiday, payment will be made on the next working day unless prior arrangements have been made. Korean Income Tax, Korean National Pension deductions, Korean National Medical Insurance premiums, and Korean Residency Fee will be automatically withheld in accordance to the government tax scale.
5.4 Severance Payment
a) Upon completion of the full contract period, Employee will receive a bonus equivalent to one month�s pay on top of the final monthly salary payment. Korean severance tax will be withheld. This payment will be made on Employee�s final workday unless prior arrangements have been made.
b) In the event that Employee resigns, the bonus stated above will be paid out on the next pay date.
c) Korean Severance Tax will be withheld.
5.5 Holidays and Vacations
a) Employee will be entitled to observe public holidays and receive vacation days during the contract term according to a yearly schedule provided by Employer before the commencement of the calendar year. There are a minimum of ten (10) scheduled ECC vacation days in each calendar year (January � December).
5.6 Absence from Duties
a) Employees are eligible for up to three (3) paid sick days. In the event that Employee wishes to take a day off due to sickness, the following conditions must be met:
i. Employee must provide Employer a minimum of one (1) hour�s notice for kindergarten classes and three (3) hours� notice for afternoon classes.
ii. Employee must also provide a written doctor�s note excusing him/her from work for that day.
iii. If no doctor�s note is provided or Employee has used all allowed sick days, Employer will deduct 20,000 won per class missed for each day absent.
b) Employee will be eligible to receive up to five (5) working days of paid emergency leave in the event of death or serious illness in Employee�s immediate family. The immediate family will include only parents, grandparents, spouse, children, brothers, sisters, and grandchildren. Employee will bear the cost of transportation in the event of a need for an emergency leave. Payment for emergency leave will only be made in the event that Employee resumes duties with Employer. Employer has the right to ask Employee for proof that emergency leave is/was required.
5.7 Medical Insurance & Pension Plan
a) Employee will be covered by medical benefits under the Korean Medical Insurance Union, a government health organization. The cost of this coverage will be borne half by Employer and half by Employee. Employee�s share of this coverage will be deducted from his/her monthly salary.
b) All Employees contribute to the Korean Pension Plan. Employer will match Employee�s contribution. Employee�s payment will be deducted from his/her monthly salary. In accordance with Korean Pension laws, Employees with Canadian or American citizenship are eligible to receive a full pension refund. Employees may apply for this refund within the last month of the employment period.



5.8 Accident Compensation
a) In the event that Employee sustains injuries from an accident or mishap through no fault of his/her own during the course of normal work duties, Employer agrees to pay all medical and hospital costs which are in excess of those covered by medical insurance.
b) In the event that Employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties, Employee understands and agrees that Employer will have no responsibility nor obligation to pay medical and hospital costs which are in excess of those covered by medical insurance.
5.9 Housing
a) Employer will select and provide furnished single living accommodations for Employee (Employee will henceforth be referred to as Occupant).
b) Furnishings provided by Employer for use by Occupant shall include: a kitchen table and set of chairs, a two-burner gas stove, a refrigerator, a washing machine, a bed, a wardrobe closet, a fan, a television, and a telephone. Occupant will be responsible for supplying their own bedding.
c) Occupant is responsible for all maintenance, utility (electric, gas, and water), and telephone charges (including Internet services) for accommodations provided by Employer.
d) Employee agrees to pay Employer a housing security deposit to cover willful damage (not including normal wear and tear) and unpaid monthly service, utility and communication charges. Such deposit amounting to 600,000 won and being payable to Employer in three (3) equal installments, will be deducted from Employee�s salary during the first three (3) months of employment. Employer will hold the full amount of deposit until all outstanding monthly service, utility, and communication charges have been paid in full. In the event that Employer made payments covering monthly service, utility and communication charges on behalf of Employee, the amount of such payments will be deducted from the deposit, and the remainder of the deposit will be returned to Employee. Employer agrees that payment of remaining amounts of the deposit will be made to Employee within ten (10) days after all outstanding bills have been paid.

6. Dismissal or Voluntary Resignation
6.1 Employer will have the right to dismiss Employee for unwillingness or inability to meet conditions of employment as set out under this agreement. Prior to any such dismissal, the following system will be followed:
i. first offense: Oral Warning
ii. second offense: Written Warning
iii. third offense: Immediate Dismissal
6.2 Employer will have the right to dismiss Employee for conduct seriously jeopardizing the safety or well-being of any student or staff at the place of employment or for criminal activity. In such a case, Employer has the right under this agreement to execute immediate dismissal and neither warning nor time remedy need be allotted.
6.3 In the event of dismissal not involving sections 6.1 or 6.2, Employee will give a minimum of thirty (30) days notice. Employer will follow standard Korean Law regarding severance. Employee will be paid for all days worked on his/her last day of employment.








6.4 If Employee wishes to voluntarily resign, the following conditions must be met:
i. A minimum of sixty (60) days notice must be given, and Employee may not leave prior to the end of a teaching session.
ii. If Employee is resigning within the first six (6) months of the contract and airfare, either for a visa run and/or from the point of departure, was provided by the institute, Employee will be obligated to reimburse Employer for an amount equal to the price of the ticket(s). Also, if a recruiter�s fee was paid, Employee is obligated to reimburse an amount equal to the entire recruiter�s fee to Employer.
iii. If Employee resigns after the six-month point of the contract and a recruiter�s fee was paid, Employee will be obligated to reimburse Employer according to the following plan: recruiting fee divided by twelve (12) months multiplied by the number of months remaining until the end of the contract.
iv. If Employee is resigning before the completion of the contract, Employer will not be obligated to pay any severance.
6.5. In the event that Employee leaves the institute without providing notice, legal action will be take to recover airfare and recruiting fee owed according to the formulas listed in 6.4. The institute will also pursue legal action for damages done due to an unannounced departure.
6.5 In the event that war, civil disturbances, or political conditions prompt a directive from the government of the Republic of Korea or the government of Employee�s citizenship to leave Korea, this employment agreement will be terminated as of the date such directive is issued. In such a case, Employer will provide Employee with an airline ticket to the point of departure, irrespective of the length of the employment period. All salary due at the date of termination will be paid in full. Pro-rated severance pay will be given for periods of employment exceeding six (6) months only.

7. Covenants
7.1 Employee hereby agrees that he/she will not enter into employment with any other person(s) or organization(s) other than Employer. Failure to comply with this article is a cause for immediate dismissal.
7.2 Employee hereby agrees that he/she will not disclose any teaching materials, syllabus, details of lesson plans, or any information relating to the academic programs, whether verbally or in written form, to individuals or corporate entities not employed by Employer.
7.3 Unless agreed to in writing, Employee understands and accepts that the rights to use, sale, distribution, or publications of all original material produced by Employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, and to have such article(s) remain as the sole property of Employer.

8. Merger Clause
This agreement constitutes the entire understanding between the parties hereto with respect to the subject matter hereof, and supercedes all previous negotiations, commitments, and writings with respect hereto. No modification of this agreement will be binding or have any legal affect unless set forth in a written agreement amending this agreement and signed by both parties hereto. Furthermore, this contract nullifies and voids any previous contract between Employee and Employer hereto.

9. Indemnification Clause
Employee will indemnify and hold harmless Employer and Employer�s representatives from any damages which Employee may sustain, in any manner, through the misconduct or negligence of Employee.


10. Waiver
The failure of either party at any time to enforce the terms, provisions, or conditions of this agreement will not be construed as a waiver of the same or of the right of such party to enforce the same.

11. Governing Language and Jurisdiction
This agreement has been drawn up and has been executed in the English language, and the English language text of this agreement will govern and prevail over any translation thereof. This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regards to any dispute or claim arising out of or in connection to this agreement. Employer and Employee have executed this agreement on the date indicated below. Intending to be legally bound to and in witness thereof, Employer and Employee have appended their signatures on this agreement.





________________________________
Employee�s Signature

______________________ Date Signed

________________________________
Employer�s Signature

______________________ Date Signed


Name and Signature of witness: _____________________ _______________________
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some waygug-in



Joined: 25 Jan 2003

PostPosted: Wed Jun 14, 2006 8:23 pm    Post subject: Reply with quote

Just say no.


I don't have the time right now to go into specifics, but there are a lot of things in that contract that I would never agree to.

You can do much better.


What's with 3.2? You have to agree to leave Korea when you are done?

What's up with that? Sounds like a plan to screw you out of your final bonus and you'll be gone so you can't do anything about it.

They expect you to do phone teaching as an unpaid extra?

They say they can schedule up to 180 classes/month ... before overtime kicks in? And then the overtime rate is... a whopping 15,000 won

Tell them to get stuffed!
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Thu Jun 15, 2006 2:07 am    Post subject: Reply with quote

some waygug-in wrote:
Just say no.


I don't have the time right now to go into specifics, but there are a lot of things in that contract that I would never agree to.

You can do much better.


What's with 3.2? You have to agree to leave Korea when you are done?

What's up with that? Sounds like a plan to screw you out of your final bonus and you'll be gone so you can't do anything about it.

They expect you to do phone teaching as an unpaid extra?

They say they can schedule up to 180 classes/month ... before overtime kicks in? And then the overtime rate is... a whopping 15,000 won

Tell them to get stuffed!


I agree with Mr. some waygug-in here.

Oh and as for Item 3.2 Mr some waygug-in, you've been here a while and should know better. The OP is only discontinuing his residence UNDER THE CURRENT VISA, he can still go to Japan and come back. There is nothing under the ordinary about this, ALL teachers who do not re-sign must do this.
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some waygug-in



Joined: 25 Jan 2003

PostPosted: Thu Jun 15, 2006 3:08 am    Post subject: Reply with quote

Ok. well thanks for clearing that up.

But why on earth do they need to put it in a contract? I've never seen anything like that in a contract before, that's why I was confused.
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Grotto



Joined: 21 Mar 2004

PostPosted: Thu Jun 15, 2006 8:06 am    Post subject: Reply with quote

This EMPLOYMENT AGREEMENT has been made this _______________ by and between ECC English Academy, having its business at 4F Worldcuptown, 536-2 Bunji, Sang-Dong, Wonmi-Gu, Bucheon-City, Kyunggi-Do, the Republic of Korea (hereinafter referred to as “Employer”) and ______________________ a citizen of __________________________ who resides at ________________________________________ (hereinafter referred to as “Employee”). All terms stated in this contract shall come into effect as of _______________ and shall stay in effect until _______________.

Employer and Employee, in consideration of the mutual promises and covenants contained herein, agree as follows:

1. Employee hereby accepts employment from Employer to teach the English language in the form and manner and under the terms and conditions set forth here in this agreement.

2. The “place of employment” is at the address listed above.

3. Terms of Agreement
3.1 The “terms of agreement” shall include orientation time, twelve (12) full and consecutive teaching sessions, and all scheduled vacations and holidays which fall during the duration of this contract. The total term of this contract is for twelve (12) months, commencing from the date the Employee begins teaching and finishing on the last teaching day of Employee’s twelfth session.

Too vague....commencing on June 26'th 2006 and ending on June 25'th 2007....never agree to teaching sessions....its a way of keeping you around longer!

3.2 Employee agrees to discontinue residence in Korea under the E-2 visa sponsored by Employer immediately upon termination of employment. The actual termination of employment is based on the visa expiration date, not the expiration date of the ARC.

WTF? Shouldnt your visa date be matched by your ARC?

3.3 Periods of employment beyond that covered by this agreement must be agreed upon by Employee and Employer, in writing, within three (3) months of the expiration of this contract.

4. Duties
4.1 During the term of this agreement, Employee will be required to fulfill the following requirements:
a) Be on site a minimum of one (1) hour before Employee’s first scheduled class unless prior arrangements have been made.

not acceptable! If they want you there one hour before classes start they can pay you for it!

b) Prepare fully for each class. This will involve filling out a daily lesson plan, supplying appropriate worksheets, and obtaining the necessary materials needed for each class.

Get examples...they can email or fax them to you! Most ESL teaching doesnt require very detailed lesson plans!


c) Administer monthly tests for each class. If there is no test readily available, Employee is responsible for making one appropriate for the class.

They should provide you with tests....they have been in the ESL business for years and should have detailed curriculum!

d) Attend meetings and workshops scheduled by Employer within the institute’s operating hours. Workshops and meetings are designed to inform the staff about matters relating to their duties and the institute’s operations, or to assist in Employee’s professional development.

Rolling Eyes Razz meetings an workshops should be held within your working hours...just because the institute opens at 7 AM for kindi doesnt mean you should have to come in 3 hours before your shift for a bullcrap meeting!


e) Perform monthly phone calls with each of Employee’s students. These phone calls can be done at the institute after Employee’s final class of the day, during Employee’s breaks, or at any other time of Employee’s choosing. The purpose of the phone call is to determine the student’s ability to have a conversation without face-to-face contact.

So no breaks Razz just say no to phone teaching its an exercise in futility!

f) In the event that any of the preceding requirements are not met, Employer will follow guidelines set out in Section 6.1.

Crapfest!

4.2 This agreement calls for Employee to teach a maximum of 150 classes /100 hours (1 class = 40 minutes) per session. Monday through Friday are teaching days with the exception of scheduled public holidays and vacation days.

150/4 = 37.5 classes a week....a bit more than 7 per day!


4.3 Employee may be required to teach classes in excess of the maximum teaching requirement listed above (such excess hereinafter will be referred to as “overtime”). Employer may assign up to 180 classes /120 hours (1 class = 40 minutes).

forced overtime is illegal!

Overtime in excess of 180 classes will need the consent of Employee. Only classes in excess of the maximum teaching requirement and approved by Employer are considered as overtime. Employee will be paid at the flat rate of 15,000 won for each class of overtime.

20,000 per class

4.4 Employer may assign Employee with some non-teaching duties within the limits of total work hours set forth above.

Like? They have you phone teaching during breaks and whatnot....what more to they want?

4.5 At all times during the term of this agreement, Employee will directly adhere to and obey all rules and regulations that have been, or may hereafter be, established by Employer for the conduct of Employees or generally for the lecturers at the place of employment.

rules and regulations must be stated clearly at the beginning of the contract....not added on at whim later!

4.6 Employee agrees to dress appropriately at all times when teaching or when present on the premises of the place of employment and to follow the advice, directives and policies of Employer regarding what constitutes appropriate dress.

should be listed clearly here!


4.7 Employee understands and agrees that at all times during the term of this agreement, Employee will strictly adhere to and obey all laws, regulations, provisions, instructions and guidance from the Government of Korea or any local government or officials thereof.

5. Compensations and Other Treatment of Employee
5.1 Transportation
a) Employer will provide an economy class ticket from the closest airport to Employee (henceforth referred to as “point of departure’) to Incheon International Airport (henceforth referred to as “point of arrival”). This one-way ticket will be provided once Employee’s visa has been confirmed. In such a case where Employee purchases his/her own economy class ticket from the point of departure to the point of arrival, Employer will reimburse Employee for this purchase.

when? You would want a timeframe for repayment!

b) Upon completion of the full contract period, Employer will provide an economy class ticket from the point of arrival back to the point of departure. Employee may negotiate a different point of departure providing Employee makes up any difference in ticket price compared to a ticket to the original point of departure.
c) Airline tickets provided cannot be exchanged for cash equivalents or transferred to any person other than Employee. Employer does not agree to, and is not liable for, compensation to Employee, whether in cash or otherwise, for airline tickets which are not used by Employee.

Razz make sure they get a refundable ticket...you can always cash it in!


5.2 Orientation and Training
a) Shortly after arrival in Korea, Employee will be required to undertake orientation and training intended to provide Employee with the requisite familiarity with institute operations and policies and to ensure that the Employee possesses adequate knowledge and skills related to teaching duties.
b) Orientation will include some class observation time as well as one-on-one training with the institute’s managers.
5.3 Monthly Compensation
a) Employer will pay Employee, as compensation for all services rendered, a monthly salary of 2,000,000 won. Each monthly payment is compensation for services rendered during the previous session/month.

pay is too low!...especially for the amount of classes



b) One session is made up of 20 academic days. There are twelve (12) sessions in one year, but each session may not necessarily fit into one month. There may be some overlaps into the next month. Monthly payment is compensation for the time from start of one session until the day before the start of the next session. Salary will commence from Employee’s first day of in class teaching.
c) Monthly payment will be on the 7th day of each month. If the 7th happens to fall on a weekend or holiday, payment will be made on the next working day unless prior arrangements have been made.

Deal breaker! Pay is due on or before payday...late pay is a violation of your contract.

Korean Income Tax, Korean National Pension deductions, Korean National Medical Insurance premiums, and Korean Residency Fee will be automatically withheld in accordance to the government tax scale.
5.4 Severance Payment
a) Upon completion of the full contract period, Employee will receive a bonus equivalent to one month’s pay on top of the final monthly salary payment. Korean severance tax will be withheld. This payment will be made on Employee’s final workday unless prior arrangements have been made.
b) In the event that Employee resigns, the bonus stated above will be paid out on the next pay date.
c) Korean Severance Tax will be withheld.
5.5 Holidays and Vacations
a) Employee will be entitled to observe public holidays and receive vacation days during the contract term according to a yearly schedule provided by Employer before the commencement of the calendar year. There are a minimum of ten (10) scheduled ECC vacation days in each calendar year (January – December).

ECC schedules these 10 days at their whim...a day here...a day there...so you end up with several long weekends!.....you also have to make up the national holidays.....because they make you stick around longer to cover those teaching periods.....Chuseok they just make the 20 days a little longer...3 day holiday...3 days more for that teaching session.

5.6 Absence from Duties
a) Employees are eligible for up to three (3) paid sick days. In the event that Employee wishes to take a day off due to sickness, the following conditions must be met:
i. Employee must provide Employer a minimum of one (1) hour’s notice for kindergarten classes and three (3) hours’ notice for afternoon classes.
ii. Employee must also provide a written doctor’s note excusing him/her from work for that day.
iii. If no doctor’s note is provided or Employee has used all allowed sick days, Employer will deduct 20,000 won per class missed for each day absent.

not acceptable! Illegal as well! You should only need a doctors note if you miss 2 or more days!

b) Employee will be eligible to receive up to five (5) working days of paid emergency leave in the event of death or serious illness in Employee’s immediate family. The immediate family will include only parents, grandparents, spouse, children, brothers, sisters, and grandchildren. Employee will bear the cost of transportation in the event of a need for an emergency leave. Payment for emergency leave will only be made in the event that Employee resumes duties with Employer. Employer has the right to ask Employee for proof that emergency leave is/was required.
5.7 Medical Insurance & Pension Plan
a) Employee will be covered by medical benefits under the Korean Medical Insurance Union, a government health organization. The cost of this coverage will be borne half by Employer and half by Employee. Employee’s share of this coverage will be deducted from his/her monthly salary.

2.24% each

b) All Employees contribute to the Korean Pension Plan. Employer will match Employee’s contribution. Employee’s payment will be deducted from his/her monthly salary. In accordance with Korean Pension laws, Employees with Canadian or American citizenship are eligible to receive a full pension refund. Employees may apply for this refund within the last month of the employment period.

4.5% each


5.8 Accident Compensation
a) In the event that Employee sustains injuries from an accident or mishap through no fault of his/her own during the course of normal work duties, Employer agrees to pay all medical and hospital costs which are in excess of those covered by medical insurance.
b) In the event that Employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties, Employee understands and agrees that Employer will have no responsibility nor obligation to pay medical and hospital costs which are in excess of those covered by medical insurance.
5.9 Housing
a) Employer will select and provide furnished single living accommodations for Employee (Employee will henceforth be referred to as Occupant).
b) Furnishings provided by Employer for use by Occupant shall include: a kitchen table and set of chairs, a two-burner gas stove, a refrigerator, a washing machine, a bed, a wardrobe closet, a fan, a television, and a telephone. Occupant will be responsible for supplying their own bedding.

you want Air con

c) Occupant is responsible for all maintenance, utility (electric, gas, and water), and telephone charges (including Internet services) for accommodations provided by Employer.
d) Employee agrees to pay Employer a housing security deposit to cover willful damage (not including normal wear and tear) and unpaid monthly service, utility and communication charges. Such deposit amounting to 600,000 won and being payable to Employer in three (3) equal installments, will be deducted from Employee’s salary during the first three (3) months of employment. Employer will hold the full amount of deposit until all outstanding monthly service, utility, and communication charges have been paid in full.

just say no to deposits...they cant take it if you dont let them....besides deposits are supposed to be in interest bearing accounts.....its usually a scam!

In the event that Employer made payments covering monthly service, utility and communication charges on behalf of Employee, the amount of such payments will be deducted from the deposit, and the remainder of the deposit will be returned to Employee. Employer agrees that payment of remaining amounts of the deposit will be made to Employee within ten (10) days after all outstanding bills have been paid.

6. Dismissal or Voluntary Resignation
6.1 Employer will have the right to dismiss Employee for unwillingness or inability to meet conditions of employment as set out under this agreement. Prior to any such dismissal, the following system will be followed:
i. first offense: Oral Warning
ii. second offense: Written Warning
iii. third offense: Immediate Dismissal

still 30 days required by law! or pay in lue of notice

6.2 Employer will have the right to dismiss Employee for conduct seriously jeopardizing the safety or well-being of any student or staff at the place of employment or for criminal activity. In such a case, Employer has the right under this agreement to execute immediate dismissal and neither warning nor time remedy need be allotted.
6.3 In the event of dismissal not involving sections 6.1 or 6.2, Employee will give a minimum of thirty (30) days notice. Employer will follow standard Korean Law regarding severance. Employee will be paid for all days worked on his/her last day of employment.








6.4 If Employee wishes to voluntarily resign, the following conditions must be met:
i. A minimum of sixty (60) days notice must be given, and Employee may not leave prior to the end of a teaching session.

30 days is plenty

ii. If Employee is resigning within the first six (6) months of the contract and airfare, either for a visa run and/or from the point of departure, was provided by the institute, Employee will be obligated to reimburse Employer for an amount equal to the price of the ticket(s). Also, if a recruiter’s fee was paid, Employee is obligated to reimburse an amount equal to the entire recruiter’s fee to Employer.

absolutely no! You are not responsible for the recruiters fee in any way shape or form! That is a matter for the employer and the recruiter!

iii. If Employee resigns after the six-month point of the contract and a recruiter’s fee was paid, Employee will be obligated to reimburse Employer according to the following plan: recruiting fee divided by twelve (12) months multiplied by the number of months remaining until the end of the contract.

again no freakin way! stupidity at its finest!

iv. If Employee is resigning before the completion of the contract, Employer will not be obligated to pay any severance.
6.5. In the event that Employee leaves the institute without providing notice, legal action will be take to recover airfare and recruiting fee owed according to the formulas listed in 6.4. The institute will also pursue legal action for damages done due to an unannounced departure.

go for it! It would cost you ten times more than you would recover! Dumbasses!

6.5 In the event that war, civil disturbances, or political conditions prompt a directive from the government of the Republic of Korea or the government of Employee’s citizenship to leave Korea, this employment agreement will be terminated as of the date such directive is issued. In such a case, Employer will provide Employee with an airline ticket to the point of departure, irrespective of the length of the employment period. All salary due at the date of termination will be paid in full. Pro-rated severance pay will be given for periods of employment exceeding six (6) months only.

7. Covenants
7.1 Employee hereby agrees that he/she will not enter into employment with any other person(s) or organization(s) other than Employer. Failure to comply with this article is a cause for immediate dismissal.
7.2 Employee hereby agrees that he/she will not disclose any teaching materials, syllabus, details of lesson plans, or any information relating to the academic programs, whether verbally or in written form, to individuals or corporate entities not employed by Employer.
7.3 Unless agreed to in writing, Employee understands and accepts that the rights to use, sale, distribution, or publications of all original material produced by Employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, and to have such article(s) remain as the sole property of Employer.

8. Merger Clause
This agreement constitutes the entire understanding between the parties hereto with respect to the subject matter hereof, and supercedes all previous negotiations, commitments, and writings with respect hereto. No modification of this agreement will be binding or have any legal affect unless set forth in a written agreement amending this agreement and signed by both parties hereto. Furthermore, this contract nullifies and voids any previous contract between Employee and Employer hereto.

9. Indemnification Clause
Employee will indemnify and hold harmless Employer and Employer’s representatives from any damages which Employee may sustain, in any manner, through the misconduct or negligence of Employee.


10. Waiver
The failure of either party at any time to enforce the terms, provisions, or conditions of this agreement will not be construed as a waiver of the same or of the right of such party to enforce the same.

?

11. Governing Language and Jurisdiction
This agreement has been drawn up and has been executed in the English language, and the English language text of this agreement will govern and prevail over any translation thereof. This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regards to any dispute or claim arising out of or in connection to this agreement. Employer and Employee have executed this agreement on the date indicated below. Intending to be legally bound to and in witness thereof, Employer and Employee have appended their signatures on this agreement.

no way! Ladies and gentlemen we have a new contestent in the crapfest!
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