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GeMiNi_0615
Joined: 17 Jul 2006
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Posted: Mon Aug 07, 2006 7:53 am Post subject: Appreciate ANY and ALL help with this contract. |
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Would anyone mind looking through this contract and giving me pointers as to the good and bad? I've looked through it myself and don't get the best vibe from it, but I wouldn't mind an expert opinion on it. I'm pretty new to the game, so all help is appreciated. Thanks so much!
CONTRACT RECEIVED:
This contract (agreement) is made between two parties: the Employer XXX, having its location at XXX, Korea (hereinafter called Employer) and _XXX (hereinafter called Employee). The Employer wishes to engage the service of the employee for him to work as an English Teacher at the Employer�s school from the 18th of September, 2006 to 18th of September, 2007 for a term of 1 year and a week, and the Employee agrees to work under the terms and conditions of this contract.
1.Schedule
You will teach 5 days a week for a total of 120 hours per session(which is equivalent to 20 working days). Class preparation time is not included in the above hours. Classes and teaching schedules will be organized and may change in accordance with the needs and situations of the school and students. No regular schedule of work hours can be guaranteed to the Employee. We will try to avoid split shifts. However, this may not always be possible.
2. Pay/Overtime
The base salary paid for regular hours of employment will be 2.40 million won per month without accommodation, or 2.10 million won with accommodation. Payment of the salary will be made in won and will be paid on the seventh day of the following month. As for overtime, teaching overtime is mandatory during the winter and summer intensive programs. Teaching beyond 120 hours per month, the Employee will be paid fifteen thousand Korean won (17,500) per hour.
Payment made for assigned teaching periods is inclusive of payment for preparation and administrative duties connected with those assigned classes such as attending staff meetings and training workshops, evaluating students� levels and other similar participations scheduled by the Employer to assist the Employee�s professional development.
3. Severance Pay
Upon completion of 12 Months, the Employee will receive a severance pay equivalent to a month�s salary. If 12 months of work is not completed and the employee must leave due to whatever the situation may be, he or she must give at least a 3 months notice or the employee will be held accountable for all incurring damages and costs.
4. Air Ticket
The "Employee" will be provided with a one-way economy airfare (up to an amount that is equivalent to $1000 CDN Dollars) from an international airport to Incheon international airport in Seoul, South Korea. The "air SCHOOL NAME from an overseas country. The airfare will be refunded to the Employee within 30 days after a travel agent invoice is presented to the employer with all air details (passenger copy). Upon completion of 12 months work for the employer, the Employee will be given an economy one-way return air ticket (equivalent to $1000 CDN dollars) back to their home country if the employee chooses not to stay in Korea any longer.
Reconfirmed by the employer______________ Reconfirmed by the employee____________
In the event that the Employee continues employment under a subsequent employment agreement with the Employer, the return air ticket will be provided at the time of the completion of the subsequent contract period(s).
If the Employee resigns due to reasons that are the fault of the Employee, the Employee shall reimburse the Employer the airfare paid at the time of arrival in Korea, also if the Employer breaks the contract within 6 months due to the Employer�s faults, the Employer will have to provide a return ticket to the Employee even if the Employee didn't finish his /her one year contract.
When the Employee resigns after 6 months from the Employee�s arrival in Korea and has not completed the contract, the Employer shall not give the Employee a returning ticket to his/her home country.
5. Housing (option)The "Employer" will provide the "Employee" with a furnished housing consisting of basic appliances (bed, television, refrigerator, washing machine, gas range, steel wardrobe, kitchen tools, table, etc.). If the housing is shared, then the utilities are shared between the persons sharing the apartment. Running cost of the accommodation (including maintenance fees, electricity, gas, water bills and other utility charges) other than the rental of the housing will be paid by the Employee. The Employer will deduct 100,000 Korean Won from the Employee�s monthly payment for three months to make 300,000 Korean Won in total as housing management deposit. This deposit is to cover unpaid monthly service, utility, and telephone charges that will be billed at following or next following month after the Employee�s contract period. Depending on a written guarantee from a guarantor acceptable to the Employer, the Employer agrees to return the deposit in full to the Employee at the time of completion of the Employee�s period of Contract including any period of employment beyond that covered by this agreement. In the absence of such written guarantee, the Employer will hold the full amount of the deposit until all outstanding monthly service, utility, and telephone charges have been paid.
6. Renewal VISA charge The renewal visa charges will be paid to the Instructor of the XXX school within 30 days upon submitting the invoice with the passenger copy of the Air Flight.
7. Medical Insurance
The Employer agrees to provide half of the insurance premium on medical insurance for the Employee. Dental Insurance is not included in the Contract.
8. Accident Compensation
In the event that the Employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties, the Employee understands and agrees that the Employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.
Reconfirmed by the employer______________ Reconfirmed by the employee____________
10.Teaching Materials
The Employee will be given materials to teach the class. The Employee may be expected to work alone without a Korean English teacher�s assistance.
11.Holidays/Sick days/Lateness/Absence
These include all Korean national holidays, and 10 days of vacation time (5 in the summer and 5 in the winter) which are designated by the institute. Also, you will be allowed 2 days of documented sick days per year. The Employee will try his/her best to notify in advance (24 hours) the Employer of any needed sick days. In this case, the Employee must show a doctor�s note of illness. In case of lateness, 1 hour of pay will be deducted for the 1st lateness. 1 day of pay will be deducted for the 2nd lateness and then 2 days of pay will be deducted for every additional lateness (lateness is defined as �up to 10 minutes late for a class).
12. With a Replaceable Instructor
If the instructor finds he /she will miss one of his/her classes, he/she must find another
suitable teacher for the class at all times during the term of this agreement or there must be an excuse acceptable to the Employer.
13. The Employee�s Obligation
1) The Employee shall observe the Employer�s work system and regulations concerning administration and shall accept the Employer�s arrangement, direction, supervision and evaluation in regard to his/her work.
2) Without the Employer�s consent, the Employee shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with the Employer.
3) The Employee shall complete the tasks agreed on schedule and guarantee the quality of work.
4) Professional dress and grooming in the work are essential to maintain the desired reputation to the school. The Employer shall establish general guidelines for this.
5) The Employee shall be expected to prepare daily topics for the class beforehand.
6) The Employee is required to attend all the staffs� meetings. If the Employee must be absent, he/she must inform the Employer prior to the meeting with an acceptable excuse.
7) The Employee must behave in a professional manner during class or when socializing with students after class.
The Employee may be required to interview new students and evaluate their placement level.
9) The Employee shall not be absent without the Employer�s permission.
10) The Employee shall respect the Korean people�s moral standards and customs.
11) The Employee shall not sexually harass the students he/she is in charge of.
12) Any form of physical punishment will not be tolerated by the Employer.
13) At all times during the term of this agreement, the Employee will directly adhere to and obey all the rules and regulations that have been stated or may hereafter be established by the Employer regarding the conduct of the instructors at the place of employment.
14. Taxes
Taxes and deductions in compliance with Korean Law (4-8%) shall be deducted
Reconfirmed by the employer______________ Reconfirmed by the employee____________
automatically from the Employee�s monthly salary. The deductions will include income tax, residence tax, medical insurance, and so forth.
15. Relocation and Orientation Time
The Employee will be allowed several days from the date of arrival in Korea for adjustment and school orientation before beginning regular teaching duties. Computation of initial pay period of the Employee will commence from the first teaching day. The orientation days will be spent in the school preparing for classes and learning the instructional system.
16. Renewal of Agreement
Upon completion of one-year contract, both parties can renew the agreement under mutual consent. The Employee agrees to give a written notification of 60 days in advance if they intend on renewing their contract.
17. Termination
The Employer reserves the right to terminate this contract with written notice to the Employee under the following conditions.
1) The Employee does not fulfill the obligations according to the terms
stipulated, and fails to amend after the Employer has pointed it out.
2) According to the doctor�s diagnosis, the Employee cannot continue normal work.
3) Blatant misconduct by the Employee or his/her dependents either professionally or
otherwise.
4) The Employee or dependents violate Korean Law or acts in a way that may put the
reputation of the school into disrepute.
5) The kids or the children complain about the Employee and/or the Employee�s teaching method in relation with the class.
6) If the teacher has failed to inform the school of any afflictions that they suffer, whether it be major or minor, that the school feels may hinder his/her performance in class.
7) If we find out that the false personal information has been provided in your resume and cover letter.
The Employer and the Employee may terminate the contract by giving 60 days advance notice in writing with proper reasons acceptable by both parties. The proper reasons and adequate grounds must be provided in order for the contract to be dissolved. If the Employee wants to terminate the contract before the contracted date without acceptable cause, the Employee must pay back the Employer all the relevant expenses spent by the Employer according to the contract as stipulated herein.
18. All Documents for Immigration Office of Korea
We need by email, a resume, a copy of your passport and your photo. We also need a signed copy of the Global Kids Institute Employment Contract. Finally, we need your original Diploma/Degree or a notarized copy of your diploma by the Korean Embassy/Consulate in your country.
Reconfirmed by the employer______________ Reconfirmed by the employee____________
19. Arbitration
The two parties shall consult with each other and mediate any disputes that may arise from the contract. If all attempts fail, the two parties can appeal to the Organization of Arbitration for Foreign Affairs in Korea according to Korean Regulations and Codes.
Both parties have come to an agreement on the date indicated below which will take effect right away. These terms are legally bound to their signatures in witness of the Employer and the Employee. This agreement will automatically expire when the contract ends if not renewed otherwise. |
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alabamaman
Joined: 25 Apr 2006
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Posted: Mon Aug 07, 2006 9:06 am Post subject: Re: Appreciate ANY and ALL help with this contract. |
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CONTRACT RECEIVED:
This contract (agreement) is made between two parties: the Employer XXX, having its location at XXX, Korea (hereinafter called Employer) and _XXX (hereinafter called Employee). The Employer wishes to engage the service of the employee for him to work as an English Teacher at the Employer�s school from the 18th of September, 2006 to 18th of September, 2007 for a term of 1 year and a week, and the Employee agrees to work under the terms and conditions of this contract.
Dates of employment are from E2 Visa Issue Date until E2 Visa Expiry Date. In other words, you cannot work until you have an E2 Visa and employers are well aware of this. I would ask to have the dates changed to "from the Employee's E2 Visa Issue Date
1.Schedule
You will teach 5 days a week for a total of 120 hours per session(which is equivalent to 20 working days). Class preparation time is not included in the above hours. Classes and teaching schedules will be organized and may change in accordance with the needs and situations of the school and students. No regular schedule of work hours can be guaranteed to the Employee. We will try to avoid split shifts. However, this may not always be possible.
You should have contractual language specifying what your working hours are going to be. If you don't, you will be working split shifts as this clause states:cry:
How much class preparation time are they talking about here? That should be paid for, and included in the contract!
2. Pay/Overtime
The base salary paid for regular hours of employment will be 2.40 million won per month without accommodation, or 2.10 million won with accommodation. Payment of the salary will be made in won and will be paid on the seventh day of the following month.
Ask for pay day on the 3rd but accept no later than the 5th.
As for overtime, teaching overtime is mandatory during the winter and summer intensive programs.
Teaching overtime is never mandatory. Henceforth, it has just become forces which is illegal. Don't agree to this.
Teaching beyond 120 hours per month, the Employee will be paid fifteen thousand Korean won (17,500) per hour.
Low overtime pay per hour. Ask for 21,000 KRW per hour!
Payment made for assigned teaching periods is inclusive of payment for preparation and administrative duties connected with those assigned classes such as attending staff meetings and training workshops, evaluating students� levels and other similar participations scheduled by the Employer to assist the Employee�s professional development.
You get paid for work and that's plain and simple! "Payment made for assigned teaching periods is inclusive of paymennt for preparation and administrative duties connected with those assigned classes...." Not acceptable!
3. Severance Pay
Upon completion of 12 Months, the Employee will receive a severance pay equivalent to a month�s salary. If 12 months of work is not completed and the employee must leave due to whatever the situation may be, he or she must give at least a 3 months notice or the employee will be held accountable for all incurring damages and costs.
A 3 month notice of resignation is grotesque! 30 days is fine and ask for it.... Take the penaly clause out of here also "he or she must give at least 3 months notice or the employee will be held accountable for all incurring damages and costs." I've never seen this before.
4. Air Ticket
The "Employee" will be provided with a one-way economy airfare (up to an amount that is equivalent to $1000 CDN Dollars) from an international airport to Incheon international airport in Seoul, South Korea. The "air SCHOOL NAME from an overseas country. The airfare will be refunded to the Employee within 30 days after a travel agent invoice is presented to the employer with all air details (passenger copy). Upon completion of 12 months work for the employer, the Employee will be given an economy one-way return air ticket (equivalent to $1000 CDN dollars) back to their home country if the employee chooses not to stay in Korea any longer.
Reconfirmed by the employer______________ Reconfirmed by the employee____________
In the event that the Employee continues employment under a subsequent employment agreement with the Employer, the return air ticket will be provided at the time of the completion of the subsequent contract period(s).
If the Employee resigns due to reasons that are the fault of the Employee, the Employee shall reimburse the Employer the airfare paid at the time of arrival in Korea, also if the Employer breaks the contract within 6 months due to the Employer�s faults, the Employer will have to provide a return ticket to the Employee even if the Employee didn't finish his /her one year contract.
When the Employee resigns after 6 months from the Employee�s arrival in Korea and has not completed the contract, the Employer shall not give the Employee a returning ticket to his/her home country.
5. Housing (option)The "Employer" will provide the "Employee" with a furnished housing consisting of basic appliances (bed, television, refrigerator, washing machine, gas range, steel wardrobe, kitchen tools, table, etc.). If the housing is shared, then the utilities are shared between the persons sharing the apartment. Running cost of the accommodation (including maintenance fees, electricity, gas, water bills and other utility charges) other than the rental of the housing will be paid by the Employee. The Employer will deduct 100,000 Korean Won from the Employee�s monthly payment for three months to make 300,000 Korean Won in total as housing management deposit. This deposit is to cover unpaid monthly service, utility, and telephone charges that will be billed at following or next following month after the Employee�s contract period. Depending on a written guarantee from a guarantor acceptable to the Employer, the Employer agrees to return the deposit in full to the Employee at the time of completion of the Employee�s period of Contract including any period of employment beyond that covered by this agreement. In the absence of such written guarantee, the Employer will hold the full amount of the deposit until all outstanding monthly service, utility, and telephone charges have been paid.
6. Renewal VISA charge The renewal visa charges will be paid to the Instructor of the XXX school within 30 days upon submitting the invoice with the passenger copy of the Air Flight.
7. Medical Insurance
The Employer agrees to provide half of the insurance premium on medical insurance for the Employee. Dental Insurance is not included in the Contract.
8. Accident Compensation
In the event that the Employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties, the Employee understands and agrees that the Employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.
Reconfirmed by the employer______________ Reconfirmed by the employee____________
10.Teaching Materials
The Employee will be given materials to teach the class. The Employee may be expected to work alone without a Korean English teacher�s assistance.
11.Holidays/Sick days/Lateness/Absence
These include all Korean national holidays, and 10 days of vacation time (5 in the summer and 5 in the winter) which are designated by the institute. Also, you will be allowed 2 days of documented sick days per year. The Employee will try his/her best to notify in advance (24 hours) the Employer of any needed sick days. In this case, the Employee must show a doctor�s note of illness. In case of lateness, 1 hour of pay will be deducted for the 1st lateness. 1 day of pay will be deducted for the 2nd lateness and then 2 days of pay will be deducted for every additional lateness (lateness is defined as �up to 10 minutes late for a class).
12. With a Replaceable Instructor
If the instructor finds he /she will miss one of his/her classes, he/she must find another
suitable teacher for the class at all times during the term of this agreement or there must be an excuse acceptable to the Employer.
13. The Employee�s Obligation
1) The Employee shall observe the Employer�s work system and regulations concerning administration and shall accept the Employer�s arrangement, direction, supervision and evaluation in regard to his/her work.
2) Without the Employer�s consent, the Employee shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with the Employer.
3) The Employee shall complete the tasks agreed on schedule and guarantee the quality of work.
4) Professional dress and grooming in the work are essential to maintain the desired reputation to the school. The Employer shall establish general guidelines for this.
5) The Employee shall be expected to prepare daily topics for the class beforehand.
6) The Employee is required to attend all the staffs� meetings. If the Employee must be absent, he/she must inform the Employer prior to the meeting with an acceptable excuse.
7) The Employee must behave in a professional manner during class or when socializing with students after class.
The Employee may be required to interview new students and evaluate their placement level.
9) The Employee shall not be absent without the Employer�s permission.
10) The Employee shall respect the Korean people�s moral standards and customs.
11) The Employee shall not sexually harass the students he/she is in charge of.
12) Any form of physical punishment will not be tolerated by the Employer.
13) At all times during the term of this agreement, the Employee will directly adhere to and obey all the rules and regulations that have been stated or may hereafter be established by the Employer regarding the conduct of the instructors at the place of employment.
14. Taxes
Taxes and deductions in compliance with Korean Law (4-8%) shall be deducted
Reconfirmed by the employer______________ Reconfirmed by the employee____________
automatically from the Employee�s monthly salary. The deductions will include income tax, residence tax, medical insurance, and so forth.
15. Relocation and Orientation Time
The Employee will be allowed several days from the date of arrival in Korea for adjustment and school orientation before beginning regular teaching duties. Computation of initial pay period of the Employee will commence from the first teaching day. The orientation days will be spent in the school preparing for classes and learning the instructional system.
16. Renewal of Agreement
Upon completion of one-year contract, both parties can renew the agreement under mutual consent. The Employee agrees to give a written notification of 60 days in advance if they intend on renewing their contract.
17. Termination
The Employer reserves the right to terminate this contract with written notice to the Employee under the following conditions.
1) The Employee does not fulfill the obligations according to the terms
stipulated, and fails to amend after the Employer has pointed it out.
2) According to the doctor�s diagnosis, the Employee cannot continue normal work.
3) Blatant misconduct by the Employee or his/her dependents either professionally or
otherwise.
4) The Employee or dependents violate Korean Law or acts in a way that may put the
reputation of the school into disrepute.
5) The kids or the children complain about the Employee and/or the Employee�s teaching method in relation with the class.
6) If the teacher has failed to inform the school of any afflictions that they suffer, whether it be major or minor, that the school feels may hinder his/her performance in class.
7) If we find out that the false personal information has been provided in your resume and cover letter.
The Employer and the Employee may terminate the contract by giving 60 days advance notice in writing with proper reasons acceptable by both parties. The proper reasons and adequate grounds must be provided in order for the contract to be dissolved. If the Employee wants to terminate the contract before the contracted date without acceptable cause, the Employee must pay back the Employer all the relevant expenses spent by the Employer according to the contract as stipulated herein.
18. All Documents for Immigration Office of Korea
We need by email, a resume, a copy of your passport and your photo. We also need a signed copy of the Global Kids Institute Employment Contract. Finally, we need your original Diploma/Degree or a notarized copy of your diploma by the Korean Embassy/Consulate in your country.
Reconfirmed by the employer______________ Reconfirmed by the employee____________
19. Arbitration
The two parties shall consult with each other and mediate any disputes that may arise from the contract. If all attempts fail, the two parties can appeal to the Organization of Arbitration for Foreign Affairs in Korea according to Korean Regulations and Codes.
Both parties have come to an agreement on the date indicated below which will take effect right away. These terms are legally bound to their signatures in witness of the Employer and the Employee. This agreement will automatically expire when the contract ends if not renewed otherwise.[/quote] |
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Pak Yu Man

Joined: 02 Jun 2005 Location: The Ida galaxy
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Posted: Mon Aug 07, 2006 10:11 am Post subject: |
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I love the way hogwons try to pay less for 'overtime' than your regular hourly wage.
I'd stop right there and find somewhere else. Obviously they are idiots or they thing you are.
NEXT. |
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Grotto

Joined: 21 Mar 2004
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Posted: Mon Aug 07, 2006 10:38 am Post subject: |
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CONTRACT RECEIVED:
This contract (agreement) is made between two parties: the Employer XXX, having its location at XXX, Korea (hereinafter called Employer) and _XXX (hereinafter called Employee). The Employer wishes to engage the service of the employee for him to work as an English Teacher at the Employer�s school from the 18th of September, 2006 to 18th of September, 2007 for a term of 1 year and a week, and the Employee agrees to work under the terms and conditions of this contract.
A year is 365 days...not 366! it should end on the 17'th of Sept 2007!
1.Schedule
You will teach 5 days a week for a total of 120 hours per session(which is equivalent to 20 working days). Class preparation time is not included in the above hours. Classes and teaching schedules will be organized and may change in accordance with the needs and situations of the school and students. No regular schedule of work hours can be guaranteed to the Employee. We will try to avoid split shifts. However, this may not always be possible.
5 days a week when? Wed-Sun? It should read Mon-Fri from 2-8 or 3-9 (set times) and find out how many classes you will be teaching per day....they should be able to give you a schedule....tell them no to split shifts!(unless you want them) What is a teaching hour? 50 minutes?
2. Pay/Overtime
The base salary paid for regular hours of employment will be 2.40 million won per month without accommodation, or 2.10 million won with accommodation. Payment of the salary will be made in won and will be paid on the seventh day of the following month. As for overtime, teaching overtime is mandatory during the winter and summer intensive programs. Teaching beyond 120 hours per month, the Employee will be paid fifteen thousand Korean won (17,500) per hour.
mandatory OT is illegal(they cant force you to work).....OT should be time and a half which would be 2.1/120=17,500 X 1.5=26,250....dont settle for less than 25,000! Also go with classes per week not hours per month!
Payment made for assigned teaching periods is inclusive of payment for preparation and administrative duties connected with those assigned classes such as attending staff meetings and training workshops, evaluating students� levels and other similar participations scheduled by the Employer to assist the Employee�s professional development.
Then they should all be included within that magical 120 hours a month....anything outside of that is OT....otherwise they make you work 120 hours IN CLASS....120 hours at 50 minutes per class with a 60 minute teaching hour is 144 classes a month which is 36 a week....add on prep, admin duties, staff meetings, workshops and other nonsense and you will be putting in over 40 hours a week!....CRAP!
3. Severance Pay
Upon completion of 12 Months, the Employee will receive a severance pay equivalent to a month�s salary. If 12 months of work is not completed and the employee must leave due to whatever the situation may be, he or she must give at least a 3 months notice or the employee will be held accountable for all incurring damages and costs.
Illegal penalty clause...Bullcrap penalty clause...stupid penalty clause. You dont legally have to give any notice.....and they would have to take you to court and get a judgement against you for you to be libel for any damages....dumbasses!
4. Air Ticket
The "Employee" will be provided with a one-way economy airfare (up to an amount that is equivalent to $1000 CDN Dollars) from an international airport to Incheon international airport in Seoul, South Korea. The "air SCHOOL NAME from an overseas country. The airfare will be refunded to the Employee within 30 days after a travel agent invoice is presented to the employer with all air details (passenger copy). Upon completion of 12 months work for the employer, the Employee will be given an economy one-way return air ticket (equivalent to $1000 CDN dollars) back to their home country if the employee chooses not to stay in Korea any longer.
If they do decide to stay in Korea a cash payment of 1000$CDN will be made!
Reconfirmed by the employer______________ Reconfirmed by the employee____________
In the event that the Employee continues employment under a subsequent employment agreement with the Employer, the return air ticket will be provided at the time of the completion of the subsequent contract period(s).
No if you stay at this school for a second year they should make a payment of 2000$CDN dollars to you....that is the value of the airtickets you are entitled to!
If the Employee resigns due to reasons that are the fault of the Employee, the Employee shall reimburse the Employer the airfare paid at the time of arrival in Korea, also if the Employer breaks the contract within 6 months due to the Employer�s faults, the Employer will have to provide a return ticket to the Employee even if the Employee didn't finish his /her one year contract.
When the Employee resigns after 6 months from the Employee�s arrival in Korea and has not completed the contract, the Employer shall not give the Employee a returning ticket to his/her home country.
After 6 months the employee will no longer be libel for the ticket to Korea!
5. Housing (option)The "Employer" will provide the "Employee" with a furnished housing consisting of basic appliances (bed, television, refrigerator, washing machine, gas range, steel wardrobe, kitchen tools, table, etc.). If the housing is shared, then the utilities are shared between the persons sharing the apartment.
Say no to shared housing!....get air con in the contract!
Running cost of the accommodation (including maintenance fees, electricity, gas, water bills and other utility charges) other than the rental of the housing will be paid by the Employee. The Employer will deduct 100,000 Korean Won from the Employee�s monthly payment for three months to make 300,000 Korean Won in total as housing management deposit. This deposit is to cover unpaid monthly service, utility, and telephone charges that will be billed at following or next following month after the Employee�s contract period. Depending on a written guarantee from a guarantor acceptable to the Employer,(employee) the Employer agrees to return the deposit in full to the Employee at the time of completion of the Employee�s period of Contract including any period of employment beyond that covered by this agreement. In the absence of such written guarantee, the Employer will hold the full amount of the deposit until all outstanding monthly service, utility, and telephone charges have been paid.
Just say no to deposits....they are illegal and have no business in the contract.....you should agree to provide reciepts showing you have paid your bills and if necessary leave enough money to cover your last months bills(an average of the preceding months bills)
6. Renewal VISA charge The renewal visa charges will be paid to the Instructor of the XXX school within 30 days upon submitting the invoice with the passenger copy of the Air Flight.
Both the air ticket and visa charge should be remitted to you shortly after arrival...a week max.....30 days seems a bit long!
7. Medical Insurance
The Employer agrees to provide half of the insurance premium on medical insurance for the Employee. Dental Insurance is not included in the Contract.
8. Accident Compensation
In the event that the Employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties, the Employee understands and agrees that the Employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.
Reconfirmed by the employer______________ Reconfirmed by the employee____________
10.Teaching Materials
The Employee will be given materials to teach the class. The Employee may be expected to work alone without a Korean English teacher�s assistance.
11.Holidays/Sick days/Lateness/Absence
These include all Korean national holidays, and 10 days of vacation time (5 in the summer and 5 in the winter) which are designated by the institute. Also, you will be allowed 2 days of documented sick days per year.
3 days minimum(you shouldnt have to provide a doctors note unless you miss 2 or more consecutive days!
The Employee will try his/her best to notify in advance (24 hours) the Employer of any needed sick days. In this case, the Employee must show a doctor�s note of illness. In case of lateness, 1 hour of pay will be deducted for the 1st lateness. 1 day of pay will be deducted for the 2nd lateness and then 2 days of pay will be deducted for every additional lateness (lateness is defined as �up to 10 minutes late for a class).
Totally illegal penalty clause...delete! Stupid stupid stupid(thats whoever wrote it and whoever agrees to it)
12. With a Replaceable Instructor
If the instructor finds he /she will miss one of his/her classes, he/she must find another
suitable teacher for the class at all times during the term of this agreement or there must be an excuse acceptable to the Employer.
Bullcrap! It is not the instructors job...it is the owners job...its his business and its about time he/she got off their ass and did something!
13. The Employee�s Obligation
1) The Employee shall observe the Employer�s work system and regulations concerning administration and shall accept the Employer�s arrangement, direction, supervision and evaluation in regard to his/her work.
Only when it makes sense...the rest of the time the employee may roll their eyes, nod and then ignore it
2) Without the Employer�s consent, the Employee shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with the Employer.
3) The Employee shall complete the tasks agreed on schedule and guarantee the quality of work.
hmmm just how do you gaurantee the quality of teaching...?
4) Professional dress and grooming in the work are essential to maintain the desired reputation to the school. The Employer shall establish general guidelines for this.
then they should be stated clearly in the contract...suit and tie or casual and neat....people are coming from the other side of the freaking planet you morons....it would be nice if they knew what to pack~!
5) The Employee shall be expected to prepare daily topics for the class beforehand.
Curriculum should be supplied....topics on what?
6) The Employee is required to attend all the staffs� meetings. If the Employee must be absent, he/she must inform the Employer prior to the meeting with an acceptable excuse.
Your staff meeting suck....is that acceptable?
7) The Employee must behave in a professional manner during class or when socializing with students after class.
The Employee may be required to interview new students and evaluate their placement level.
If the employer does not take the employees advice into account and places them in a class because thats when they want to come the employer will be fined 100,000 won the first time, 250,000 won the second time and 1,000,000 won for the third or any other occasions(see we can make stupid penalty clauses too
9) The Employee shall not be absent without the Employer�s permission.
Its kind of hard to notify you when i'm not there just how does this work?
10) The Employee shall respect the Korean people�s moral standards and customs.
Why? Do you know what they are? Can you tell us what they are? So we have to respect racism, xenophobia, and blatant criminal treatment of foreigners? Stupid clause in a stupid contract!
11) The Employee shall not sexually harass the students he/she is in charge of.
Aww
12) Any form of physical punishment will not be tolerated by the Employer.
Okay...I promise not to physically punish my employer
13) At all times during the term of this agreement, the Employee will directly adhere to and obey all the rules and regulations that have been stated or may hereafter be established by the Employer regarding the conduct of the instructors at the place of employment.
Delete bolded....they cant modify to suit their purposes at a later date!
14. Taxes
Taxes and deductions in compliance with Korean Law (4-8%) shall be deducted
No way Jose! its about 1.5%! They would be ripping you off big time! Taxes will be taken off in accordance with the monthly withholding tax at the government website!
Reconfirmed by the employer______________ Reconfirmed by the employee____________
automatically from the Employee�s monthly salary. The deductions will include income tax, residence tax, medical insurance, and so forth.
There is no so forth...it should read pension
Income tax 33,340
Res tax 3,340
medical 47,040
pension 94,500
and thats it!
15. Relocation and Orientation Time
The Employee will be allowed several days from the date of arrival in Korea for adjustment and school orientation before beginning regular teaching duties. Computation of initial pay period of the Employee will commence from the first teaching day. The orientation days will be spent in the school preparing for classes and learning the instructional system.
IF I am to be in the school I will be paid for being there....my salary will start upon arrival at the school! You will not recieve a week of my life for free!
16. Renewal of Agreement
Upon completion of one-year contract, both parties can renew the agreement under mutual consent. The Employee agrees to give a written notification of 60 days in advance if they intend on renewing their contract.
make sure you get a raise and paid out your airfare if you do stay! @ this crooked hogwan!
17. Termination
The Employer reserves the right to terminate this contract with written notice to the Employee under the following conditions.
1) The Employee does not fulfill the obligations according to the terms
stipulated, and fails to amend after the Employer has pointed it out.
2) According to the doctor�s diagnosis, the Employee cannot continue normal work.
3) Blatant misconduct by the Employee or his/her dependents either professionally or otherwise.
You cannot penalize the employee for their dependants acts....and this clause is way to general...who makes that decision>? The school
4) The Employee or dependents violate Korean Law or acts in a way that may put the reputation of the school into disrepute.
5) The kids or the children complain about the Employee and/or the Employee�s teaching method in relation with the class.
so we've go goats and children in the class? Considering the teacher should be following the schools curriculum any complaints and the boss should be fired! Stupid clause...these are designed to screw you out of your severance and airfare....a kid complained....puhlease!
6) If the teacher has failed to inform the school of any afflictions that they suffer, whether it be major or minor, that the school feels may hinder his/her performance in class.
Oh by the way I have a low tolerance for dumbasses and idiots....do you think that may hinder me in dealing with you morons?
7) If we find out that the false personal information has been provided in your resume and cover letter.
What do you do if you find out its all true
The Employer and the Employee may terminate the contract by giving 60 days advance notice in writing with proper reasons acceptable by both parties. The proper reasons and adequate grounds must be provided in order for the contract to be dissolved. If the Employee wants to terminate the contract before the contracted date without acceptable cause, the Employee must pay back the Employer all the relevant expenses spent by the Employer according to the contract as stipulated herein.
Illegal penalty clause! After 6 months you dont owe these guys a red cent/il won!
18. All Documents for Immigration Office of Korea
We need by email, a resume, a copy of your passport and your photo. We also need a signed copy of the Global Kids Institute Employment Contract. Finally, we need your original Diploma/Degree or a notarized copy of your diploma by the Korean Embassy/Consulate in your country.
Never give out your original degree!
Reconfirmed by the employer______________ Reconfirmed by the employee____________
19. Arbitration
The two parties shall consult with each other and mediate any disputes that may arise from the contract. If all attempts fail, the two parties can appeal to the Organization of Arbitration for Foreign Affairs in Korea according to Korean Regulations and Codes.
Both parties have come to an agreement on the date indicated below which will take effect right away. These terms are legally bound to their signatures in witness of the Employer and the Employee. This agreement will automatically expire when the contract ends if not renewed otherwise.
Crap contract! There are so many stupidities in this contract only a newb would sign it! |
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Real Reality
Joined: 10 Jan 2003 Location: Seoul
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Posted: Mon Aug 07, 2006 3:59 pm Post subject: |
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| Grotto wrote: |
| Crap contract! There are so many stupidities in this contract only a newb would sign it! |
Grotto,
Not only would newbies sign this contract, there are a few others that might sign it. There are desperate graduating university students, backpackers, and "missionaries." The graduating students probably have to repay loans. The backpackers are simply interested in earning some money to help them tour Korea or another country. The "missionaries" think English should be given away. (They think: You are doing good deeds by teaching English for low pay. Whatever you are paid is fine. The living conditions do not matter that much.)
What do you think about "missionary" teachers?
http://www.eslcafe.com/forums/korea/viewtopic.php?t=22190 |
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alabamaman
Joined: 25 Apr 2006
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Posted: Mon Aug 07, 2006 9:49 pm Post subject: Re: Appreciate ANY and ALL help with this contract. |
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This contract (agreement) is made between two parties: the Employer XXX, having its location at XXX, Korea (hereinafter called Employer) and _XXX (hereinafter called Employee). The Employer wishes to engage the service of the employee for him to work as an English Teacher at the Employer�s school from the 18th of September, 2006 to 18th of September, 2007 for a term of 1 year and a week, and the Employee agrees to work under the terms and conditions of this contract.
Dates of employment are from E2 Visa Issue Date until E2 Visa Expiry Date. In other words, you cannot work until you have an E2 Visa and employers are well aware of this. I would ask to have the dates changed to "from the Employee's E2 Visa Issue Date
1.Schedule
You will teach 5 days a week for a total of 120 hours per session(which is equivalent to 20 working days). Class preparation time is not included in the above hours. Classes and teaching schedules will be organized and may change in accordance with the needs and situations of the school and students. No regular schedule of work hours can be guaranteed to the Employee. We will try to avoid split shifts. However, this may not always be possible.
You should have contractual language specifying what your working hours are going to be. If you don't, you will be working split shifts as this clause states:cry:
How much class preparation time are they talking about here? That should be paid for, and included in the contract!
2. Pay/Overtime
The base salary paid for regular hours of employment will be 2.40 million won per month without accommodation, or 2.10 million won with accommodation. Payment of the salary will be made in won and will be paid on the seventh day of the following month.
Ask for pay day on the 3rd but accept no later than the 5th.
As for overtime, teaching overtime is mandatory during the winter and summer intensive programs.
Teaching overtime is never mandatory. Henceforth, it has just become forces which is illegal. Don't agree to this.
Teaching beyond 120 hours per month, the Employee will be paid fifteen thousand Korean won (17,500) per hour.
Low overtime pay per hour. Ask for 21,000 KRW per hour!
Payment made for assigned teaching periods is inclusive of payment for preparation and administrative duties connected with those assigned classes such as attending staff meetings and training workshops, evaluating students� levels and other similar participations scheduled by the Employer to assist the Employee�s professional development.
You get paid for work and that's plain and simple! "Payment made for assigned teaching periods is inclusive of paymennt for preparation and administrative duties connected with those assigned classes...." Not acceptable!
3. Severance Pay
Upon completion of 12 Months, the Employee will receive a severance pay equivalent to a month�s salary. If 12 months of work is not completed and the employee must leave due to whatever the situation may be, he or she must give at least a 3 months notice or the employee will be held accountable for all incurring damages and costs.
A 3 month notice of resignation is grotesque! 30 days is fine and ask for it.... Take the penaly clause out of here also "he or she must give at least 3 months notice or the employee will be held accountable for all incurring damages and costs." I've never seen this before.
4. Air Ticket
The "Employee" will be provided with a one-way economy airfare (up to an amount that is equivalent to $1000 CDN Dollars) from an international airport to Incheon international airport in Seoul, South Korea. The "air SCHOOL NAME from an overseas country. The airfare will be refunded to the Employee within 30 days after a travel agent invoice is presented to the employer with all air details (passenger copy). Upon completion of 12 months work for the employer, the Employee will be given an economy one-way return air ticket (equivalent to $1000 CDN dollars) back to their home country if the employee chooses not to stay in Korea any longer.
Reconfirmed by the employer______________ Reconfirmed by the employee____________
In the event that the Employee continues employment under a subsequent employment agreement with the Employer, the return air ticket will be provided at the time of the completion of the subsequent contract period(s).
If the Employee resigns due to reasons that are the fault of the Employee, the Employee shall reimburse the Employer the airfare paid at the time of arrival in Korea, also if the Employer breaks the contract within 6 months due to the Employer�s faults, the Employer will have to provide a return ticket to the Employee even if the Employee didn't finish his /her one year contract.
When the Employee resigns after 6 months from the Employee�s arrival in Korea and has not completed the contract, the Employer shall not give the Employee a returning ticket to his/her home country.
5. Housing (option)The "Employer" will provide the "Employee" with a furnished housing consisting of basic appliances (bed, television, refrigerator, washing machine, gas range, steel wardrobe, kitchen tools, table, etc.).
No shared housing...
If the housing is shared, then the utilities are shared between the persons sharing the apartment. Running cost of the accommodation (including maintenance fees, electricity, gas, water bills and other utility charges) other than the rental of the housing will be paid by the Employee. The Employer will deduct 100,000 Korean Won from the Employee�s monthly payment for three months to make 300,000 Korean Won in total as housing management deposit.
This is a penalty clause per rulings of the Korean Courts if they don't remove it upon request.
This deposit is to cover unpaid monthly service, utility, and telephone charges that will be billed at following or next following month after the Employee�s contract period. Depending on a written guarantee from a guarantor acceptable to the Employer, the Employer agrees to return the deposit in full to the Employee at the time of completion of the Employee�s period of Contract including any period of employment beyond that covered by this agreement. In the absence of such written guarantee, the Employer will hold the full amount of the deposit until all outstanding monthly service, utility, and telephone charges have been paid.
6. Renewal VISA charge The renewal visa charges will be paid to the Instructor of the XXX school within 30 days upon submitting the invoice with the passenger copy of the Air Flight.
30 days
7. Medical Insurance
The Employer agrees to provide half of the insurance premium on medical insurance for the Employee. Dental Insurance is not included in the Contract.
Health Insurance
Korean National Healthcare Plan:
http://www.nhic.or.kr/wbe/faq/faq.html
What percentage will your employer deduct from your monthly salary throughout the contract period? (2.24%)
How much will your employer deduct from your monthly salary for premium payments throughout the contract payments in Korean Won?
How much will your employer prepays prepay per 3 month lump sum (2.24% x monthly salary x 3) for Korean National Healthcare Insurance Premiums?
When will your employer enroll you in the KNHIP?
When will you recive your KNHIP Medical Insurance Card?
8. Accident Compensation
In the event that the Employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties, the Employee understands and agrees that the Employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.
Reconfirmed by the employer______________ Reconfirmed by the employee____________
10.Teaching Materials
The Employee will be given materials to teach the class. The Employee may be expected to work alone without a Korean English teacher�s assistance.
Um okay
11.Holidays/Sick days/Lateness/Absence
These include all Korean national holidays, and 10 days of vacation time (5 in the summer and 5 in the winter) which are designated by the institute. Also, you will be allowed 2 days of documented sick days per year. The Employee will try his/her best to notify in advance (24 hours) the Employer of any needed sick days. In this case, the Employee must show a doctor�s note of illness. In case of lateness, 1 hour of pay will be deducted for the 1st lateness. 1 day of pay will be deducted for the 2nd lateness and then 2 days of pay will be deducted for every additional lateness (lateness is defined as �up to 10 minutes late for a class).
3 paid sick days
Remove this lateness & pay deduction... Their deductions don't confor with labor laws any way!
12. With a Replaceable Instructor
If the instructor finds he /she will miss one of his/her classes, he/she must find another
suitable teacher for the class at all times during the term of this agreement or there must be an excuse acceptable to the Employer.
If you give enough notice, that's bossman's duties!
13. The Employee�s Obligation
1) The Employee shall observe the Employer�s work system and regulations concerning administration and shall accept the Employer�s arrangement, direction, supervision and evaluation in regard to his/her work.
Ask about observing If you don't have an E2 Visa then you are not allowed to take part in any work related activities per Immigration policies.
2) Without the Employer�s consent, the Employee shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with the Employer.
You also need consent from Korean Immigration
3) The Employee shall complete the tasks agreed on schedule and guarantee the quality of work.
4) Professional dress and grooming in the work are essential to maintain the desired reputation to the school. The Employer shall establish general guidelines for this.
What exactly are the guidelines? They should be established in the contract!
5) The Employee shall be expected to prepare daily topics for the class beforehand.
6) The Employee is required to attend all the staffs� meetings. If the Employee must be absent, he/she must inform the Employer prior to the meeting with an acceptable excuse.
7) The Employee must behave in a professional manner during class or when socializing with students after class.
The Employee may be required to interview new students and evaluate their placement level.
during defined working hours of course
9) The Employee shall not be absent without the Employer�s permission.
I would get it in writing that your employer has consented to agreeing to your absence. Both parties sign signatures, and he stamps with institutional signature stamp!
10) The Employee shall respect the Korean people�s moral standards and customs.
11) The Employee shall not sexually harass the students he/she is in charge of.
12) Any form of physical punishment will not be tolerated by the Employer.
13) At all times during the term of this agreement, the Employee will directly adhere to and obey all the rules and regulations that have been stated or may hereafter be established by the Employer regarding the conduct of the instructors at the place of employment.
14. Taxes
Taxes and deductions in compliance with Korean Law (4-8%) shall be deducted
Ummmm
calculate your taxes at this website here and you will see how full of garbage this employer is.
Income Taxes
http://www.nts.go.kr/eng/default.html
*Go to check my monthly withholding tax
How much will my employer deduct from my monthly salary for income taxes in Korean Won throughout the contract period (Include exact % also)?
Reconfirmed by the employer______________ Reconfirmed by the employee____________
automatically from the Employee�s monthly salary. The deductions will include income tax, residence tax, medical insurance, and so forth.
Residence tax is 10% of Income tax total!
15. Relocation and Orientation Time
The Employee will be allowed several days from the date of arrival in Korea for adjustment and school orientation before beginning regular teaching duties. Computation of initial pay period of the Employee will commence from the first teaching day. The orientation days will be spent in the school preparing for classes and learning the instructional system.
How many days is your employer referring to? Get it written in the contract!
Just remember that you start working for pay when you actually have you E2 Visa.
16. Renewal of Agreement
Upon completion of one-year contract, both parties can renew the agreement under mutual consent. The Employee agrees to give a written notification of 60 days in advance if they intend on renewing their contract.
30 days is plenty! If they don't like the fact you aren't stay then they can sack you out of spite.... If you're on your last month they would be entitled to give an andvanced notice of dismissal, and I havenot looked at this puke termination clause yet!
17. Termination
The Employer reserves the right to terminate this contract with written notice to the Employee under the following conditions.
1) The Employee does not fulfill the obligations according to the terms
stipulated, and fails to amend after the Employer has pointed it out.
2) According to the doctor�s diagnosis, the Employee cannot continue normal work.
3) Blatant misconduct by the Employee or his/her dependents either professionally or
otherwise.
4) The Employee or dependents violate Korean Law or acts in a way that may put the
reputation of the school into disrepute.
5) The kids or the children complain about the Employee and/or the Employee�s teaching method in relation with the class.
6) If the teacher has failed to inform the school of any afflictions that they suffer, whether it be major or minor, that the school feels may hinder his/her performance in class.
7) If we find out that the false personal information has been provided in your resume and cover letter.
The Employer and the Employee may terminate the contract by giving 60 days advance notice in writing with proper reasons acceptable by both parties.
Employer must give an Advance notice of dismissal, but they don't really have to give it until after you've completed six full months of employment. Insist you have contractual writing stating both parties will sign the advance notice of dismissal in writing, one witness, and the employer shall stamp it with the institutional seal.
The proper reasons and adequate grounds must be provided in order for the contract to be dissolved. If the Employee wants to terminate the contract before the contracted date without acceptable cause, the Employee must pay back the Employer all the relevant expenses spent by the Employer according to the contract as stipulated herein.
Grounds permitted under Korean law for termination of employment
http://www.efl-law.org/forums/viewtopic.php?t=1361
When it comes to the matter regarding termination of employment, Korean labor laws are known to apply strict criteria in determining whether a specific termination was just or proper. Let's look at the specific grounds for termination of employment that are prescribed in the Labor Standards Act of Korea (LSA).
Under LSA, an employer may terminate employees pursuant to (i) taking any disciplinary actions taken (with regard to any improper acts committed by the relevant employee) and (ii) laying off of employees due to managerial reasons.
(i) Dismissal by disciplinary action
It is first noted that Article 30 of LSA requires a justifiable cause if and when an employer takes disciplinary actions, including termination of employment, with regard to its employees. Korean courts have held that a justifiable cause refers to such causes as criminal offense, serious illegal acts, and gross negligent acts, etc. which would make maintaining of the relevant employment relationships no longer possible under generally accepted public notions.
Article 30 (Restriction on Dismissal, etc.)
(1) An employer shall not dismiss, lay off, suspend, transfer a worker, or reduce wages, or take other punitive measures against a worker without justifiable reason.
(2) An employer shall not dismiss any worker during a period of temporary interruption of work for medical treatment of an occupational injury or disease and within 30 days thereafter; nor shall any female worker before and after childbirth be dismissed during a period of temporary interruption of work as provided herein and within 30 days thereafter; however, if an employer has paid the lump sum compensation due under Article 87 hereof or is not able to continue his business, this shall not apply. <Amended by Act No. 5885, Feb. 8, 1999>
(3) Deleted. <Act No. 5885, Feb. 8, 1999>
Especially, because a termination of employment is the most extreme measure, taking away an employee's means of making a living, Korean courts are known to be very strict in applying the above-noted criteria, when it determines whether a particular termination is justified. Thus, unless an employee's specific conduct is something that makes current employer-employee relationship no longer possible to continue, it would be advisable for an employer to take less severe disciplinary actions such as suspension of employment, reduction of salary, or reprimand.
In addition, under the LSA, where an employer wishes to terminate an employee in compliance with (and validly under) the law, there must also be procedural justification to that termination. In other words, the law requires that proper (legally justified) procedures be taken in disciplining the employee, including providing the employee with a proper opportunity to defend himself/herself, no matter how egregious the employee's actions are, and failure to do so will constitute an invalid termination.
(ii) Dismissal due to managerial reason
Further, as regards the employment termination, under LSA, an employer may also terminate employees where the employer can establish an imminent managerial reason. Article 31 of LSA provides that before an employer terminates a group of employees, the employer must have made its best efforts to avoid termination and have fair and reasonable standards of termination in place. The termination of employees must have been based on such standards for termination and the employer must have given notice to and consulted with the employees?relevant labor representative (i.e., labor union).
It is the firm position of the Korean Supreme Court that an imminent managerial reason exists if the employer's termination of employees is rational from an objective standpoint. The Korean Supreme Court has recognized the existence of an imminent managerial reason in the following cases: (a) the employer has continuously experienced deficit operation; (b) due to continuous labor disputes, the operation of the employer is expected to worsen to a degree that half of the capital amount of the employer has decreased for one year; (c) a part of the business is changed to a sub-contract system due to continuous deficit operation and, as a result, the employer terminated the employment of related employees; or (d) in the course of privatization of a public corporation, reorganization of the corporation has been taken.
In light of the foregoing, it can be concluded that an imminent managerial reason to terminate will be found to exist where it is inevitable that the employer must terminate employment in order to overcome actual difficulties in management. However, even where an employer with a positive balance sheet terminates the employment of a group of employees in order to overcome actual difficulties or to generate additional revenues, the existence of an imminent managerial reason will not be found to exist unless the inevitability of such termination can be proven objectively.
Therefore, as described above, unless there is a legitimate, objective reason to terminate employees, it is not easy under current Korean labor laws to establish a justifiable cause or imminent managerial reason to terminate employees under LSA. However, as an alternative to termination, it is sometimes recommended that an employer attempt to persuade those employees whom it wishes to terminate to voluntarily retire from his/or her office. It is customary practice in Korea for an employer to induce the early retirement of employees whom they wish to terminate by offering them a reasonable severance package. Though not required by Korean law, a Korean company will ordinarily offer early retirement employees additional severance pay in addition to severance pay in accordance with standards set forth in LSA or the employer's employment rules and regulations.
2. Procedures regarding a court-sponsored mediation
There are two kinds of mediation that could take place in the course of litigation before a Korean court, which we briefly note below.
Under Korean law and practice, courts sometimes suspend pending litigation to request that the parties in the litigation try to reach a settlement. The courts may take such measure even after the close of hearing. The courts often rely on such procedure, which is called court-sponsored meditation, when the legal issues are highly complex or are not clear-cut, or if they believe that the dispute is better suited to a settlement rather than a decision entirely in favor of one party. In such a procedure, the court will typically hold a mediation session in court. If the parties cannot reach a settlement, then the mediation is stopped, the suspension on litigation is lifted, and litigation resumes.
It is also noted that there exists a less voluntary variation on court-sponsored mediation (so-called court-ordered mediation). Under this approach, rather than request the parties to try to reach an agreement, the court may present a settlement proposal for the parties?consideration after listening to the parties during the mediation hearing(s). In such case, any party can reject the settlement order within 2 weeks of receiving the written notice of the court's settlement order. However, if neither party files their objection within the 2-week period, the court's order becomes final. It is then entered into court records as the final decision in the case. If any party rejects the settlement order, the mediation is dissolved and litigation resumes.
Article 26 (Violation of Conditions of Employment)
(1) If any of the conditions of employment set forth in accordance with Article 24 is found to be inconsistent with the actual conditions, the worker concerned shall be entitled to claim damages resulting from the breach of the conditions of employment or may terminate the labor contract forthwith.
(2) If a worker intends to claim indemnity for damages in accordance with paragraph (1), he may do so with the Labor Relations Commission. If a labor contract has been terminated, an employer shall pay travel expenses to a worker who changes his residence for the purpose of securing new job. (There should be contractual language pursuant to this clause that defines reasons you can terminate your labor contract. Allot of hagwon contracts use such contractual language as, "The employee may annul the contract if the employer doesn't complete the terms of the contract."
18. All Documents for Immigration Office of Korea
We need by email, a resume, a copy of your passport and your photo. We also need a signed copy of the Global Kids Institute Employment Contract. Finally, we need your original Diploma/Degree or a notarized copy of your diploma by the Korean Embassy/Consulate in your country.
Reconfirmed by the employer______________ Reconfirmed by the employee____________
19. Arbitration
The two parties shall consult with each other and mediate any disputes that may arise from the contract. If all attempts fail, the two parties can appeal to the Organization of Arbitration for Foreign Affairs in Korea according to Korean Regulations and Codes.
Both parties have come to an agreement on the date indicated below which will take effect right away. These terms are legally bound to their signatures in witness of the Employer and the Employee. This agreement will automatically expire when the contract ends if not renewed otherwise |
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cuckoo for kimchi

Joined: 27 Jul 2006 Location: somewhere lost in time and space...or korea
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Posted: Tue Aug 08, 2006 1:45 am Post subject: air ticket |
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| they should cover the entire flight....it will end up costing you $3-400 each way |
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