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vshin
Joined: 11 Jun 2006
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Posted: Fri Jul 14, 2006 6:16 pm Post subject: Review my Contract? |
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Can somebody look over my contract and make sure everything is on the up-and-up? Thanks so much!
Employment Contract and Agreement
This Contract was made and entered on the (date) by and between XXXXXXXX located in Seoul , Korea (hereinafter �Employer�) and (___) residing in U.S.A as an English teacher (hereinafter �Employee�). Both parties agree to the following terms and conditions (hereinafter �Contract�).
Article 1. Employment of Employee
The Employer will hire the Employee as an English teacher and the Employee agrees to work for the Employer as an English teacher in Korea.
The primary responsibilities of the Employee:
A. Design and implement the curriculum.
B. Develop educational programs and materials.
C. Plan field activities for and or with students.
D. Create metrics and outcome models to grade and evaluate students.
E. Counsel students with regard to their progress learning the English language.
F. Attend teachers' meetings and workshops.
G. Promote school activities.
H. Assist in certain other teaching related activities.
Article 2. Period of Employment and Renewal
The period of this Contract is one year beginning from the date of the Employee's first teaching day at the institute in Korea. If the Employer desires to extend or renew the Contract, the Employer must make the offer prior to two months before the end of the Contract period. If the Employer fails to make an offer of renewal, the Employee or his Agent may, in writing, request renewal or extension of terms for an additional period. The Employee must make his request prior to two months before the end of the Contract period.
Article 3. Salary, overtime and Working Hours
The Employee will teach classes for 120 hours a month (one �session�) from Monday through Saturday. The Employer shall pay a monthly salary of Korean 2,000,000 won on the 10th of each month following the work session. If the Employee serves more than 120 teaching hours during one monthly period, the Employer will pay 20,000 won for each extra hour. With the exception of school promotion activities, the Employer does not consider service hours used for primary responsibilities of Article 1 to be overtime. In accordance with Korean law, the Employer shall deduct 3.3 % of Korean income tax from the Employee's salary.
Article 4. Benefits
A. Housing
The Employer will provide furnished housing (the �Apartment�) for the period of the Contract. The Employee is responsible for the costs of utilities including electricity, gas, oil, telecommunications, water, etc. As a security against damage and unpaid utilities costs, the Employee will deposit one month's rent, KW400,000 (the �Security Deposit�), to secure the Employer�s interest. The Employee may pay this Security Deposit in one payment after the first month�s salary, or in equal monthly installments over the first four months. Provided that a) the Apartment shows no sign of distress beyond normal wear and tear, and b) the utilities receipts are current, the Employer will return the Security Deposit to the Employee at the end of the Employee's stay.
B. Medical Insurance and Accident Coverage
The Employee may pursue medical insurance coverage under the Korean Health Insurance plan. The Employer and the Employee will equally share the cost of the premium for the Korean Health Insurance Plan.
C. Airfare
The Employer will provide the round-trip airfare for the Employee. The Employee must purchase a one-way or round-trip economy class ticket. The Employer will reimburse the one-way ticket cost to Korea from a major international airport (Canada-Vancouver or Toronto, USA-LA or Chicago, UK-London or Edinburgh). The Employer will provide the other half of the ticket cost to the Employee's home country upon successful completion of one-year Contract. If the Employee seeks release from the contract within six months due to Employee�s own reasons, Employee has to return airfare that Employee received from Employer. If the Employer dismisses the Employee without fault of the Employee, Employer should not request reimbursement for the amount of airfare.
D. Vacation and Holidays
The Employee will receive 8 days of vacation including weekends beyond the regular 12-15 national holidays during the one-year Contract term. Vacation can be taken as scheduled by the Employer.
Article 5. Rules and Policies
The Employer will explain school rules and policies to each Employee upon his/her arrival. The Employee will respect and keep the rules and standards of conduct of the School or Institute and obey the laws of the Republic of Korea. Non-compliance may result in disciplinary action including immediate dismissal and deportation.
Article 6. Governing Law and Jurisdiction
Any dispute arising in connection with this Contract shall be resolved in a Korean court of law according to Korean regulations and codes. The parties agree to comply with all applicable laws in their performances of this agreement.
The parties have agreed to the stipulations listed above beginning on the date as written on this Contract. |
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alabamaman
Joined: 25 Apr 2006
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Posted: Fri Jul 14, 2006 6:43 pm Post subject: Re: Review my Contract? |
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| vshin wrote: |
Can somebody look over my contract and make sure everything is on the up-and-up? Thanks so much! And does anybody know anything about the hagwon--Reading Town--in Shinchon? Thanks again!
Employment Contract and Agreement
This Contract was made and entered on the 13th of July by and between ShinChon ReadingTown located in Seoul , Korea (hereinafter �Employer�) and (___) residing in U.S.A as an English teacher (hereinafter �Employee�). Both parties agree to the following terms and conditions (hereinafter �Contract�).
Date contract was entered on and location of both parties is good start.
Article 1. Employment of Employee
The Employer will hire the Employee as an English teacher and the Employee agrees to work for the Employer as an English teacher in Korea.
The primary responsibilities of the Employee:
A. Design and implement the curriculum.
B. Develop educational programs and materials.
Educational programs should also be set in place upon arrival. Ask to remove B, but don't push it.
C. Plan field activities for and or with students.
D. Create metrics and outcome models to grade and evaluate students.
E. Counsel students with regard to their progress learning the English language.
F. Attend teachers' meetings and workshops.
One workshop per month
G. Promote school activities.
Whatever
H. Assist in certain other teaching related activities.
Activites should be specified in this contract.
Article 2. Period of Employment and Renewal
The period of this Contract is one year beginning from the date of the Employee's first teaching day at the institute in Korea.
The first teaching day would be when you get your E2 Visa from Korean Immigration Officials.
I would ask for "Employee shall work for the employer when the employer has been issued an E2 Visa from Korean Immigration Officials. Employment commences on the employees E2 Visa issue date and ends on the employee's E2 Visa expiry date." It's illegal to work without an E2 Visa and Employers have built a reputation for pressuring employees to do just that. Such contractual language offers protection.
If the Employer desires to extend or renew the Contract, the Employer must make the offer prior to two months before the end of the Contract period. If the Employer fails to make an offer of renewal, the Employee or his Agent may, in writing, request renewal or extension of terms for an additional period. The Employee must make his request prior to two months before the end of the Contract period.
Article 3. Salary, overtime and Working Hours
The Employee will teach classes for 120 hours a month (one �session�) from Monday through Saturday.
I don't mind working Saturdays since I don't get plastered on Fridays, but you may want Saturdays to yourself. Ask to take Saturdays off.
The Employer shall pay a monthly salary of Korean 2,000,000 won on the 10th of each month following the work session.
Pay day no later than the 5th!
If the Employee serves more than 120 teaching hours during one monthly period, the Employer will pay 20,000 won for each extra hour. Both parties shall mutuall agree before any overtime hours are worked throughout the contract period.
With the exception of school promotion activities, the Employer does not consider service hours used for primary responsibilities of Article 1 to be overtime.
Freud diagnosis: Overtime pay avoidance syndrome Work allot of hours and no overtime pay!
In accordance with Korean law, the Employer shall deduct 3.3 % of Korean income tax from the Employee's salary.
Tax being deducted will be how much?
Article 4. Benefits
A. Housing
The Employer will provide furnished housing (the �Apartment�) for the period of the Contract. The Employee is responsible for the costs of utilities including electricity, gas, oil, telecommunications, water, etc. As a security against damage and unpaid utilities costs, the Employee will deposit one month's rent, KW400,000 (the �Security Deposit�), to secure the Employer�s interest.
Here we go again, the good ole security deposit debate. If you ask them to remove it, then they are supposed to. Korean Courts, from my researcch on www.efl-law.org, have ruled it a penalty clause when such deductions from your monthly pay aren't removed.
The Employee may pay this Security Deposit in one payment after the first month�s salary, or in equal monthly installments over the first four months. Provided that a) the Apartment shows no sign of distress beyond normal wear and tear, and b) the utilities receipts are current, the Employer will return the Security Deposit to the Employee at the end of the Employee's stay.
B. Medical Insurance and Accident Coverage
The Employee may pursue medical insurance coverage under the Korean Health Insurance plan. The Employer and the Employee will equally share the cost of the premium for the Korean Health Insurance Plan.
How much will be deducted from your monthly salary? (2.24%)
How much will the employer match towards the premium cost?
When will you be enrolled in Korean National Healthcare Insurance Plan?
When will you be presented with your medical card?
C. Airfare
The Employer will provide the round-trip airfare for the Employee. The Employee must purchase a one-way or round-trip economy class ticket.
They pay for your one-way ticket!
The Employer will reimburse the one-way ticket cost to Korea from a major international airport (Canada-Vancouver or Toronto, USA-LA or Chicago, UK-London or Edinburgh). The Employer will provide the other half of the ticket cost to the Employee's home country upon successful completion of one-year Contract. If the Employee seeks release from the contract within six months due to Employee�s own reasons, Employee has to return airfare that Employee received from Employer. If the Employer dismisses the Employee without fault of the Employee, Employer should not request reimbursement for the amount of airfare.
D. Vacation and Holidays
The Employee will receive 8 days of vacation including weekends beyond the regular 12-15 national holidays during the one-year Contract term. Vacation can be taken as scheduled by the Employer.
Ask for 10 days as that's usually the norm in most haggy contracts.
Get it written in the contract when your vacation will be. Vacation can be taken as ..... is total crap.
Article 5. Rules and Policies
The Employer will explain school rules and policies to each Employee upon his/her arrival. The Employee will respect and keep the rules and standards of conduct of the School or Institute and obey the laws of the Republic of Korea. Non-compliance may result in disciplinary action including immediate dismissal and deportation.
Article 6. Governing Law and Jurisdiction
Any dispute arising in connection with this Contract shall be resolved in a Korean court of law according to Korean regulations and codes. The parties agree to comply with all applicable laws in their performances of this agreement.
The parties have agreed to the stipulations listed above beginning on the date as written on this Contract.
Paid Sick days?
Terminaiton Clause?
Visa Run Clause?
Dress Code Clause?
Emergency Leave Clause?
Is there Air Conditioner?
How long each class is?
What are your daily working hours?
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