Korean Job Discussion Forums

[miss mamie]

ECC Seodaemoon
Hi, I am moving to Korea in October to teach for the first time and just got this contract for a possible position at Seodaemoon Sisa Language Institute. Is 36 hours a week too much for a new teacher? Can someone with experience give this a lookover, pleeeeeeeeeaaaaase.

Also, if anyone knows anything about this hagwon, any feedback would be much appreciated. Thanks!

EMPLOYMENT AGREEMENT FOR INSTRUCTOR
FIRST YEAR CONTRACT





Each English language instructor recruited and approved by employer to teach the English language shall be directly employed by employer under and employment agreement between employer and each such particular instructor. Employee has been selected and approved by employer, to teach the English language, therefore, employer and employee, in consideration of the mutual promises and covenants contained herein, agree as follows:


1. EMPLOYMENT of EMPLOYEE : Employer hereby employs employee to teach the English language in the form and manner and under the terms and conditions set forth here in this agreement. Employee hereby accepts employment form employer to teach the English language in the form and manner and under the terms and conditions set forth here in this agreement.


2. PLACE OF EMPLOYMENT : Employee will be employed to teach the English language at the address of the principal office as above(hereinafter referred to as "place of employment") Employee maybe required or requested to teach the English language outside and apart from the place of employment. In such case, employee will be reimbursed for travel expenses incurred beyond those expenses normally incurred in travel from the employee's home to the place of employment.


3. TERM OF AGREEMENT AND RENEWAL

3-1 The term of this agreement shall include orientation time, twelve(12) full and consecutive teaching sessions, and all scheduled vacations and holidays which fall between or during teaching sessions. The total agreement term is approximately one year, commencing from the first day of orientations ( , 2004 ) and finishing on the last teaching day of employee's twelfth teaching session.( , 2005 )

3-2 Employee agrees to discontinue residence in Korea under the visa status sponsored by employer within five days of termination of employment.

3-3 Periods of employment of employee beyond that covered by this agreement must be agreed to by employee and employer, in writing, at least three months before the expiration of the term of this agreement.





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4. DUTIES OF EMPLOYEE


4-1 During the term of this agreement, Employee will accept, obey, and comply with the instructions, supervision, training, and discipline of the Employer and will carry out such assignments as the Employer directs. These duties will include instruction in any and all phases of the instructional program, administrative duties related to the Employee's classroom duties, attendance at scheduled staff meetings and workshops, and any other duties as may be assigned by the Employer. The Employer is responsible for establishing standards of performance relative to the Employee and is empowered to take reasonable steps necessary to assure those standards are met.

The purpose of meetings and workshops is to inform employee of matters relating to employee's duties and the institute's operation or to assist in employee's professional developments. No payment in excess of or in addition to employee's monthly salary will made for attending meetings or workshops scheduled by employer.


4-2 During the term of this agreement, the Employee will be required to perform work assigned him/her by the Employer for thirty six classes each week.(144 classes a month) Work days are from Monday to Friday. NO regular schedule of work hours can be guaranteed to Employee.


4-3 In addition to the aforesaid thirty six classes of classroom assignments each week, the Employer will have the authority to require Employee to perform any classroom duties in excess of thirty six classes per week (hereinafter called "Overtime"), but the Employer will not have the authority to require Employee to work more than forty five hours in total in any one week unless Employee consents thereto. Only classroom contact hours in excess of thirty six classes per week and approved by the Employer are considered overtime. Employee will be paid at the rate of 15,000Won for each hour of overtime.(1 overtime = 40 minutes)


4-4 Employee agrees to be present at the place of employment at least one hour before the commencement of each day's allocated teaching schedule to allow time for organization of teaching materials and preparation for the day's lessons.


4-5 The Employer has the authority to assign Employee some non-teaching hours, within the limits on total work hours set forth hereinabove.


4-6 At all times during the term of this agreement, Employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be established, by Employer for the conduct of Employee or generally for the conduct of instructors at the Place of Employment.


4-7 Employee agrees to dress appropriately at all times when teaching or when present on the premises of the place at employment and to follow the advice, directives and policies of employer regarding what constitutes appropriate dress.


4-8 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, instruction, and guidance from the Government of Korea or any local government or officials there of.



5. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE


5-1 Transportation : Employer will purchase for Employee an economy class ticket for passage on a regularly scheduled airline to Korea from an international airport which is mutually agreed to by Employer and Employee (henceforth referred to as point of departure). In the event Employee completes the full contract period, Employer will purchase for the Employee an economy class ticket for passage on a regularly scheduled airline from Korea to the point of departure. The return air ticket will be provided at the time of termination of employment. In the event that the Employee continues employment under a subsequent employment agreement with Employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s). In the event that Employee chooses to arrange his/her own transportation to Korea at commencement, or from Korea after completion of employment, Employer will pay Employee the equivalent of the cost of the cheapest economy class ticket to or from Employee's point of departure.


5-2 Orientation Time and observation : After arrival in Korea, Employee will be allowed several days for adjustment and school orientation before beginning regular teaching duties. The orientation days will be spent in the institute preparing for classes and learning the instructional system. And Employee will be required to observe the other instructor's classes at the above Place of Employment during the orientation period as well as the 12(twelve) working sessions : No payment in excess of or in addition to employee's monthly salary will be made for attending observations scheduled by employer.


5-3 Salary : Employer will pay Employee as compensation for all services rendered the total aggregate monthly salary of ￦ 1,900,000 Won for each month of the contract period with Employer. "Month" and "monthly" refer to a calendar monthly. Computation of the initial pay period will commence from the first day of orientation (usually the Monday after arrival). Payment for part of a month of employment will be calculated on the number of days employed. Payment of the aforesaid salaries will be made in Won. Korean income taxes, residence tax, and National pension Scheme deductions will be withheld. Monthly salary payments will be made on or before the eighth day of the month following the month during witch the employment services were provided.


5-4 Vacation : Employee will have about 12(twelve) vacation days during the contract term Vacations are taken according to a schedule provided by Employer before the commencement of the year to which the schedule refers. Vacations can only be taken as scheduled.


5-5 Holidays : Employee will have holidays during the contract term according to a schedule provided by Employer before the commencement of the year to which the schedule refers. Holidays can only be taken as scheduled.(it's not paid during the holidays and vacations.)


5-6 Absent from duties

5-6-1 Salary is not maintained when Employee is absent from teaching duties. In the event that Employee is absent from duties for whatever reason, monthly salary will be reduced according to the length of the absence. Reductions will be based on basic salary rate.

Transference of teaching duties by Employee to persons other than Employee is not possible without the permission of Employer.

5-6-2 In the event that Employee is absent for more than two days consecutively, Employee must provide a medical certificate.


5-7 Emergency Leave : Employee will be eligible to receive up to six(6) days of paid emergency leave in the event of death or serious illness in Employee's immediate family. The immediate family of Employee for the purpose of this paragraph will include only parents, grandparents, grandchildren, spouse and children, and brothers and sisters at the time of singing this agreement. Such emergency leave will be granted at the sole discretion of Employer. The Employee will bear the cost of transportation in the event of a need for emergency leave. Payment for emergency leave will only be made in the event that the Employee resumes duties with the Employer.


5-8 Severance Payment : Dependent upon completion of the full contract period : the Employee will be given an additional 1,900,000 won. Korean severance tax will be withheld. In the event that the Employee does not renew or extend employment under a subsequent employment agreement with Employer, this payment will be made at the time of completion of the contract period.


5-9 Housing

5-9-1 Employer will select and provide furnished living accommodations for Employee.

The accommodation is a single apartment, whuch includes : A kitchen table and chairs, a two-burner gas hot-plate, a refrigerator, a telephone, a television and a washing machine. Furnishing provided to each employee include : a bed, a wardrobe, and a fan.

5-9-2 The cost of monthly service, utility, and telephone charged for accommodation arranged by Employee will be paid by the Employee.(or paid by Employer and the amount is deducted form the monthly salary of the Employee.)


5-9-3 Employee agrees to the withholding from salary payments of a security deposit to cover unpaid monthly service, utility, and telephone charges : or to cover repayments for Employee's default on contract agreement. Such deposit amounting to 600,000 Won and being deductible from Employees' salary during the first three months of Employment with Employer. Employer will hold the full amount of the security deposit until all outstanding monthly service, utility, and telephone charges have been paid. In the event that Employer makes payments covering monthly service, utility, and telephone charges on behalf of Employee, the amount of such payments will be deducted from the security deposit and the remainder of the security deposit returned to Employee. Employer agrees that payment of remaining amounts of security deposit will be made to employee within ten days after all outstanding monthly service, utility, and telephone charges have been paid.


5-10 Medical Insurance : Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The costs of this coverage will be borne half by Employer and half by Employee. Payment will be made by monthly deduction from Employee's salary, at present 1.5% and a like amount contributed by Employer. Coverage commences from date of joining the KMIU. Due to requirements from the immigration and taxation department, coverage will commence approximately three to four weeks after arrival in Korea.


5-11 Accident Compensation : In the event that employee sustains injuries from and accident of mishap during the course of normal work duties, of within the premises of place of employment, employer agrees to pay all medical and hospital costs which are in excess of those covered by medical insurance. In the event that employee sustains injuries from an accident of mishap which occurs outside the course of normal work duties, Employee understands and agrees that employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.


6. DISMISSAL OR VOLUNTARY RESIGNATION

6-1 Employer will have the right to dismiss Employee for unwillingness of inability to meet conditions of employment as set out under this agreement, including neglect of duties. Prior to any such dismissal, agreement, including neglect of duties. Prior to any such dismissal, Employee will be warned of dissatisfaction with performance of conduct and will be afforded an appropriate period in which to remedy the same.


6-2 Employer will have the right to dismiss Employee for conduct seriously jeopardizing any student of staff person, of for criminal activity. In such instance, Employer has the right under this agreement to execute immediate dismissal and no warning nor time for remedy need be allotted.


6-3 In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term of this agreement, employer will be obligated to pay all salary due to date of termination. Employer will have no duty and will not be obligated to pay the cost of return transportation to point of departure for employee, nor will employer be obligated to pay any severance pay. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of air fare provided for travel to Korea(ref. paragraph 5.1 above).


6-4 In the event that war, civil disturbances, of political conditions prompt a directive from the government of the Republic of Korea of the government of employee's citizenship to leave Korea, this employment agreement will be terminated as of the date of such directive. In such case, employer will provide to employee an air ticket to point of departure, irrespective of length of employment period. All salary due at date of termination will be paid. Pro-rated severance pay will be given for periods of employment of less than twelve months.




7 COVENANTS

7-1 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer. Failure to comply with this article is cause for immediate dismissal.


7-2 Employee hereby agrees, covenants, and undertakes that he/she will not disclose teaching materials, syllabus details, or any other information relating to the academic program, whether verbally of in written form, to individuals or corporate entities not employed by employer.


7-3 Employee hereby agrees, covenants, and undertakes that at all times during the term of this agreement or subsequent to the termination of the agreement, the employee will not use name of the employer for business purposes or otherwise, and will not represent of hold himself/herself out as an authorized representative of the employer in Korea.


7-4 Unless otherwise agreed to in writing, the employee understands and accepts that the rights to use, sale, distribution, or publication of all original material produced by the employee during the course of employee's employment, and for which the employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain 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 supersedes all previous negotiation, commitment, and writings with respect hereto. No modification of this agreement will be binding or have any legal effect 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 the two parties.


9. INDEMNIFICATION CLAUSE : Employee will indemnify, and hold harmless, employer from any damages which employees may sustain, in any manners, through the misconduct of negligence of employee.


10. WAVIER : The failure of either party hereto 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 regard to any dispute or claim arising out of, or in connection with, this agreement.



Employer and employee have executed this agreement on the date indicated below intending to be legally bound hereto, and IN WITNESS WHEREOF, employer and employee have appended their signatures.

[Wrench]

[ttompatz]

[miss mamie]

Thanks for the warnings and nuggets of advice, these contracts are tricky and I really wouldn't have known that this was such a terrible contract.

[Wrench]

I just noticed who the employer is..

ECC..

Man they can sure come up with some GOLDEN TURDS for contracts.

[alabamaman]

EMPLOYMENT AGREEMENT FOR INSTRUCTOR
FIRST YEAR CONTRACT





Each English language instructor recruited and approved by employer to teach the English language shall be directly employed by employer under and employment agreement between employer and each such particular instructor. Employee has been selected and approved by employer, to teach the English language, therefore, employer and employee, in consideration of the mutual promises and covenants contained herein, agree as follows:


1. EMPLOYMENT of EMPLOYEE : Employer hereby employs employee to teach the English language in the form and manner and under the terms and conditions set forth here in this agreement. Employee hereby accepts employment form "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. PLACE OF EMPLOYMENT : Employee will be employed to teach the English language at the address of the principal office as above(hereinafter referred to as "place of employment") Employee maybe required or requested to teach the English language outside and apart from the place of employment. In such case, employee will be reimbursed for travel expenses incurred beyond those expenses normally incurred in travel from the employee's home to the place of employment.

Unless I'm mistaken, you must have due permission from Korean Immigration Officials to teach outside the place of employment. In my opinion, funds should be given to the employee prior to traveling once he/she has been given permission from Korean Immigration Officials.


3. TERM OF AGREEMENT AND RENEWAL

3-1 The term of this agreement shall include orientation time, twelve(12) full and consecutive teaching sessions, and all scheduled vacations and holidays which fall between or during teaching sessions. The total agreement term is approximately one year, commencing from the first day of orientations ( , 2004 ) and finishing on the last teaching day of employee's twelfth teaching session.( , 2005 )

If you don't have your E2 Visa, then you may not work for your employer or participate in any work related activites (orientation) until Korean Immigration Officials have issued you an E2 Visa. If Korean Immigration Officials see you inside the school without an E2 Visa, then your risk being deported.




3-2 Employee agrees to discontinue residence in Korea under the visa status sponsored by employer within five days of termination of employment.

3-3 Periods of employment of employee beyond that covered by this agreement must be agreed to by employee and employer, in writing, at least three months before the expiration of the term of this agreement.

In my opinion, I think 45 days is more than adequate. It doesn't take three months for them to find another employee!


4. DUTIES OF EMPLOYEE

4-1 During the term of this agreement, Employee will accept, obey, and comply with the instructions, supervision, training, and discipline of the Employer and will carry out such assignments as the Employer directs. These duties will include instruction in any and all phases of the instructional program, administrative duties related to the Employee's classroom duties, attendance at scheduled staff meetings and

workshops: 1 per month, and overtime for workshops on Saturdays.

Negatory: (and any other duties as may be assigned by the Employer) All the employees duties should be clearly defined in this labor contract without exception.

The Employer is responsible for establishing standards of performance relative to the Employee and is empowered to take reasonable steps necessary to assure those standards are met.

Standards of performance: This should be written as "The Employer is responsible for posting the "Rules of Employment" for employees and is empowered to take reasonable steps necessary to assure the "Rules of Employment" are met.

CHAPTER Ⅸ
Rules of Employment[b]
[b]Article 96 (Preparation and Submission of Rules of Employment)
An employer ordinarily employing more than ten workers
shall prepare the rules of employment concerning the following
matters and submit it to the Minister of Labor. If any amendment
to the rules of employment occurs, the same procedures shall
also be taken:

1. matters pertaining to the starting and finishing time of work, recess hours, holidays, leaves and shifts;
2. matters pertaining to the determination of wages, calculation of wages, means of payment, closing of payment, time of
payment and wage increase;
3. matters pertaining to calculation of family allowances and means of payment;
4. matters pertaining to retirement;
5. matters pertaining to retirement allowance, bonuses and minimum wages;
6. matters pertaining to meal allowance and expenses of operational tool or necessities and other expenses;
7. matters pertaining to education facilities for workers;
8. matters pertaining to safety and health;
9. matters pertaining to support for occupational or nonoccupational
accidents;
10. matters pertaining to award and punishment; and
11. other matters applicable to all workers of the business
concerned.

Article 97 (Procedures for Preparation of and Amendment to Rules of Employment)

(1) An employer shall seek the opinions of a trade union, if there is a trade union composed of the majority of the workers in the workplace concerned, or the opinions of the majority of workers if there is no trade union composed of the majority of the workers, with regard to the preparation of and amendment to the rules of employment. Provided, however, that the rules of employment are modified unfavorably to workers, the employer shall obtain workers� consent.

(2) When an employer submits the rules of employment in accordance with the provisions of Article 96, a written document containing the opinions referred to in paragraph (1) shall be attached.


4-2 During the term of this agreement, the Employee will be required to perform work assigned him/her by the Employer for thirty six classes each week.(144 classes a month) Work days are from Monday to Friday. NO regular schedule of work hours can be guaranteed to Employee.


4-3 In addition to the aforesaid thirty six classes of classroom assignments each week, the Employer will have the authority to require Employee to perform any classroom duties in excess of thirty six classes per week (hereinafter called "Overtime"), but the Employer will not have the authority to require Employee to work more than forty five hours in total in any one week unless Employee consents thereto. Only classroom contact hours in excess of thirty six classes per week and approved by the Employer are considered overtime. Employee will be paid at the rate of 15,000Won for each hour of overtime.(1 overtime = 40 minutes)


4-4 Employee agrees to be present at the place of employment at least one hour before the commencement of each day's allocated teaching schedule to allow time for organization of teaching materials and preparation for the day's lessons.

It stated how long an overtime hour was, but not a regular class hour was. In a nutshell you will be working an alot of hours if you don't get the length of your classes clearly defined. Having said all that, you will work another 20 hours per month.



4-5 The Employer has the authority to assign Employee some non-teaching hours, within the limits on total work hours set forth hereinabove.

In my opinion, I would omit this whole clause. This is most likely making reference to 4.4, since alot of teachers have clauses in contracts offered to them saying they basically won't get paid for that hour of preparation.


4-6 At all times during the term of this agreement, Employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be established, by Employer for the conduct of Employee or generally for the conduct of instructors at the Place of Employment.

"Rules and regulations" = "Rules of employment" that should be posted in their workplace if they have 10 or more workers. Ask for a copy to be attached to your contract if under 10 work at the school.


4-7 Employee agrees to dress appropriately at all times when teaching or when present on the premises of the place at employment and to follow the advice, directives and policies of employer regarding what constitutes appropriate dress.




4-8 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, instruction, and guidance from the Government of Korea or any local government or officials there of.



5. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE


5-1 Transportation : Employer will purchase for Employee an economy class ticket for passage on a regularly scheduled airline to Korea from an international airport which is mutually agreed to by Employer and Employee (henceforth referred to as point of departure). In the event Employee completes the full contract period, Employer will purchase for the Employee an economy class ticket for passage on a regularly scheduled airline from Korea to the point of departure.


The return air ticket will be provided at the time of termination of employment. In the event that the Employee continues employment under a subsequent employment agreement with Employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s). In the event that Employee chooses to arrange his/her own transportation to Korea at commencement, or from Korea after completion of employment, Employer will pay Employee the equivalent of the cost of the cheapest economy class ticket to or from Employee's point of departure.


5-2 Orientation Time and observation : After arrival in Korea, Employee will be allowed several days for adjustment and school orientation before beginning regular teaching duties. The orientation days will be spent in the institute preparing for classes and learning the instructional system. And Employee will be required to observe the other instructor's classes at the above Place of Employment during the orientation period as well as the 12(twelve) working sessions : No payment in excess of or in addition to employee's monthly salary will be made for attending observations scheduled by employer.

As I said earlier, "You cannot work for your employer as well as participate in any worplace activities (trainings/orientations/workshops) until Korean Immigration Officials have issued you an E2 Visa."

Once Korean Immigration has issued your E2 Visa, then you must be paid in full.


5-3 Salary : Employer will pay Employee as compensation for all services rendered the total aggregate monthly salary of ￦ 1,900,000 Won

Don't settle for any less than 2 million won in Korean or you will sell yourself short!


for each month of the contract period with Employer. "Month" and "monthly" refer to a calendar monthly. Computation of the initial pay period will commence from the first day of orientation (usually the Monday after arrival).

I've said this twice already, and I hope this school sees my comments! You cannot work or participate in any workplace activities for the employer (Oreintation) until an E2 Visa has been granted.

Payment for part of a month of employment will be calculated on the number of days employed. Payment of the aforesaid salaries will be made in Won.

I would have your employer deposit the money into your account. What if something goes wrong when you're carrying that money?

Korean income taxes, residence tax, and National pension Scheme deductions will be withheld.

Income Taxes [/b][/i]

http://www.nts.go.kr/eng/default.html

*Go to check my monthly withholding tax

How much will your employer deduct from your monthly salary for income taxes in Korean Won throughout the contract period ?

Korean Pension Fund

http://www.nps4u.or.kr/eng/enpsk.html?code=./enpsk/a02.html

How much will your employer deduct from your monthly salary to be paid into the Korean Pensiond Fund throughout the contract period (4.5% of your monthly salary)?

How much will your employer contribute to the Korean Pension Fund in Korean Won per month throughout the contract period (employer shall match the deduction from your monthly salary)?

Korean Pension Fund contribution and return of said pension contribution at the end of contract.

http://www.npc.or.kr/social/index_en.html
http://www.eslcafe.com/forums/korea/viewtopic.php?t=45302





Monthly salary payments will be made on or before the eighth day of the month following the month during witch the employment services were provided.

Not later than the 5th.


5-4 Vacation : Employee will have about 12(twelve) vacation days during the contract term Vacations are taken according to a schedule provided by Employer before the commencement of the year to which the schedule refers. Vacations can only be taken as scheduled.

It should specify when you will take the vacation days, and take them in blocks of consecutive days!


5-5 Holidays : Employee will have holidays during the contract term according to a schedule provided by Employer before the commencement of the year to which the schedule refers. Holidays can only be taken as scheduled.(it's not paid during the holidays and vacations.)

Korean National Holidays are paid.

5-6 Absent from duties

5-6-1 Salary is not maintained when Employee is absent from teaching duties. In the event that Employee is absent from duties for whatever reason, monthly salary will be reduced according to the length of the absence. Reductions will be based on basic salary rate.

Transference of teaching duties by Employee to persons other than Employee is not possible without the permission of Employer.

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.

Justifiable reasons=Gross negligence, serious violations, and violations of Korean Laws.

5-6-2 In the event that Employee is absent for more than two days consecutively, Employee must provide a medical certificate.

There should be contractual language specifiying you have 3-5 paid sick days throughout the contract period!

5-7 Emergency Leave : Employee will be eligible to receive up to six(6) days of paid emergency leave in the event of death or serious illness in Employee's immediate family. The immediate family of Employee for the purpose of this paragraph will include only parents, grandparents, grandchildren, spouse and children, and brothers and sisters at the time of singing this agreement. Such emergency leave will be granted at the sole discretion of Employer. The Employee will bear the cost of transportation in the event of a need for emergency leave. Payment for emergency leave will only be made in the event that the Employee resumes duties with the Employer.



5-8 Severance Payment : Dependent upon completion of the full contract period : the Employee will be given an additional 1,900,000 won. Korean severance tax will be withheld. In the event that the Employee does not renew or extend employment under a subsequent employment agreement with Employer, this payment will be made at the time of completion of the contract period.


5-9 Housing

5-9-1 Employer will select and provide furnished living accommodations for Employee.

The accommodation is a single apartment, whuch includes : A kitchen table and chairs, a two-burner gas hot-plate, a refrigerator, a telephone, a television and a washing machine. Furnishing provided to each employee include : a bed, a wardrobe, and a fan.

Rent (A majority of ESL Teachers prefer a one bedroom apartment)
Bed
Desk
Closet
Table
TV
Washing machine
Clothes rack
Pots
Pans
Dishes
Forks/Knives/Spoons
Phone
Refrigerator
Stove
Air conditionar
Heating system
Utilities are paid by the employee.
You're are not responsible for the previous occupant's unpaid bills.

5-9-2 The cost of monthly service, utility, and telephone charged for accommodation arranged by Employee will be paid by the Employee.(or paid by Employer and the amount is deducted form the monthly salary of the Employee.)

Pay your own bills, and don't give them permission to deduct the previously mentioned from your monthly pay. They should only be deduction for Korean National Healthcare Insurance Plan, Income Taxes, Korean Pension Fund, and Resident Tax.


5-9-3 Employee agrees to the withholding from salary payments of a security deposit to cover unpaid monthly service, utility, and telephone charges : or to cover repayments for Employee's default on contract agreement. Such deposit amounting to 600,000 Won and being deductible from Employees' salary during the first three months of Employment with Employer. Employer will hold the full amount of the security deposit until all outstanding monthly service, utility, and telephone charges have been paid. In the event that Employer makes payments covering monthly service, utility, and telephone charges on behalf of Employee, the amount of such payments will be deducted from the security deposit and the remainder of the security deposit returned to Employee. Employer agrees that payment of remaining amounts of security deposit will be made to employee within ten days after all outstanding monthly service, utility, and telephone charges have been paid.


You can ask them to remove the housing deposit. If they don't, the housing deposit is considered a penalty clause!

Article 27 (Prohibition of Predetermination of Nonobservance)

An employer shall not enter into any contract by which a penalty or indemnity for possible damages incurred from nonobservance of a labor contract is predetermined.

5-10 Medical Insurance : Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The costs of this coverage will be borne half by Employer and half by Employee. Payment will be made by monthly deduction from Employee's salary, at present 1.5% and a like amount contributed by Employer. Coverage commences from date of joining the KMIU. Due to requirements from the immigration and taxation department, coverage will commence approximately three to four weeks after arrival in Korea.

Health Insurance

Korean National Healthcare Plan:

http://www.nhic.or.kr/wbe/faq/faq.html


How much will your employer deduct from your monthly salary for premium payments throughout the contract period in Korean Won? (2.24% of your monthly salary)

How much will your employer 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?


5-11 Accident Compensation : In the event that employee sustains injuries from and accident of mishap during the course of normal work duties, of within the premises of place of employment, employer agrees to pay all medical and hospital costs which are in excess of those covered by medical insurance. In the event that employee sustains injuries from an accident of mishap which occurs outside the course of normal work duties, Employee understands and agrees that employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.


6. DISMISSAL OR VOLUNTARY RESIGNATION

6-1 Employer will have the right to dismiss Employee for unwillingness of inability to meet conditions of employment as set out under this agreement, including neglect of duties. Prior to any such dismissal, agreement, including neglect of duties. Prior to any such dismissal, Employee will be warned of dissatisfaction with performance of conduct and will be afforded an appropriate period in which to remedy the same.


6-2 Employer will have the right to dismiss Employee for conduct seriously jeopardizing any student of staff person, of for criminal activity. In such instance, Employer has the right under this agreement to execute immediate dismissal and no warning nor time for remedy need be allotted.


6-3 In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term of this agreement, employer will be obligated to pay all salary due to date of termination. Employer will have no duty and will not be obligated to pay the cost of return transportation to point of departure for employee, nor will employer be obligated to pay any severance pay. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of air fare provided for travel to Korea(ref. paragraph 5.1 above).


6-4 In the event that war, civil disturbances, of political conditions prompt a directive from the government of the Republic of Korea of the government of employee's citizenship to leave Korea, this employment agreement will be terminated as of the date of such directive. In such case, employer will provide to employee an air ticket to point of departure, irrespective of length of employment period. All salary due at date of termination will be paid. Pro-rated severance pay will be given for periods of employment of less than twelve months.

Termination Clause

There are hagwon contracts that state, "The employer will give an advance notice to the worker at least 60 days before dismissal." Article 32 (Advance Notice of Dismissal) of the Korean Labor Standards Act States:

Article 32 (Advance Notice of Dismissal)

(1) An employer shall give an advance notice to a worker at least thirty days before dismissal(including dismissal for managerial reasons). If the notice is not given thirty days before the dismissal, normal wages for more than thirty days shall be paid to the worker, except in cases, prescribed by the Ordinance of the Ministry of Labor, where it is impossible to continue a business because of natural disaster, calamity, or other unavoidable causes, or where a worker has caused considerable difficulties to a business, or damage to properties on purpose.

Article 31 (Restriction on Dismissal for Managerial Reasons)

(1) If an employer wants to dismiss a worker for managerial reasons, there shall be urgent managerial needs. In such cases as transfer, acquisition and merger of business which are aimed to avoid financial difficulties, it shall be deemed that there is an urgent managerial need.

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.

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."




7 COVENANTS

7-1 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer. Failure to comply with this article is cause for immediate dismissal.

Don't forget to include Korean Immigration Officials in this clause! They have to give you consent also to work outside of the workplace as well as your boss.


7-2 Employee hereby agrees, covenants, and undertakes that he/she will not disclose teaching materials, syllabus details, or any other information relating to the academic program, whether verbally of in written form, to individuals or corporate entities not employed by employer.




7-3 Employee hereby agrees, covenants, and undertakes that at all times during the term of this agreement or subsequent to the termination of the agreement, the employee will not use name of the employer for business purposes or otherwise, and will not represent of hold himself/herself out as an authorized representative of the employer in Korea.




7-4 Unless otherwise agreed to in writing, the employee understands and accepts that the rights to use, sale, distribution, or publication of all original material produced by the employee during the course of employee's employment, and for which the employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain 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 supersedes all previous negotiation, commitment, and writings with respect hereto. No modification of this agreement will be binding or have any legal effect 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 the two parties.


9. INDEMNIFICATION CLAUSE : Employee will indemnify, and hold harmless, employer from any damages which employees may sustain, in any manners, through the misconduct of negligence of employee.


10. WAVIER : The failure of either party hereto 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.

Article 26 (Violation of Conditions of Employment) : They are basically replacing contractual language pursuant to Article 26 of the LSA!


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 regard to any dispute or claim arising out of, or in connection with, this agreement.

[Grotto]

EMPLOYMENT AGREEMENT FOR INSTRUCTOR
FIRST YEAR CONTRACT





Each English language instructor recruited and approved by employer to teach the English language shall be directly employed by employer under and employment agreement between employer and each such particular instructor. Employee has been selected and approved by employer, to teach the English language, therefore, employer and employee, in consideration of the mutual promises and covenants contained herein, agree as follows:


1. EMPLOYMENT of EMPLOYEE : Employer hereby employs employee to teach the English language in the form and manner and under the terms and conditions set forth here in this agreement. Employee hereby accepts employment form employer to teach the English language in the form and manner and under the terms and conditions set forth here in this agreement.


2. PLACE OF EMPLOYMENT : Employee will be employed to teach the English language at the address of the principal office as above(hereinafter referred to as "place of employment") Employee maybe required or requested to teach the English language outside and apart from the place of employment. In such case, employee will be reimbursed for travel expenses incurred beyond those expenses normally incurred in travel from the employee's home to the place of employment.

you need approval from immigration for each seperate site!


3. TERM OF AGREEMENT AND RENEWAL

3-1 The term of this agreement shall include orientation time, twelve(12) full and consecutive teaching sessions, and all scheduled vacations and holidays which fall between or during teaching sessions. The total agreement term is approximately one year, commencing from the first day of orientations ( , 2004 ) and finishing on the last teaching day of employee's twelfth teaching session.( , 2005 )

never agree to this nonsense! The contract is for one year exactly! Teaching sessions

3-2 Employee agrees to discontinue residence in Korea under the visa status sponsored by employer within five days of termination of employment.

3-3 Periods of employment of employee beyond that covered by this agreement must be agreed to by employee and employer, in writing, at least three months before the expiration of the term of this agreement.

3 months? a bit premature~!




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4. DUTIES OF EMPLOYEE


4-1 During the term of this agreement, Employee will accept, obey, and comply with the instructions, supervision, training, and discipline of the Employer and will carry out such assignments as the Employer directs. These duties will include instruction in any and all phases of the instructional program, administrative duties related to the Employee's classroom duties,

you are a teacher...admin is the job of admin....not yours!

attendance at scheduled staff meetings and workshops, and any other duties as may be assigned by the Employer.

delete that nonsense!

The Employer is responsible for establishing standards of performance relative to the Employee and is empowered to take reasonable steps necessary to assure those standards are met.

The purpose of meetings and workshops is to inform employee of matters relating to employee's duties and the institute's operation or to assist in employee's professional developments. No payment in excess of or in addition to employee's monthly salary will made for attending meetings or workshops scheduled by employer.

then those meetings had best be scheduled during regular working hours....if they dont want to pay people to come to them they really shouldnt schedule them!


4-2 During the term of this agreement, the Employee will be required to perform work assigned him/her by the Employer for thirty six classes each week.(144 classes a month) Work days are from Monday to Friday. NO regular schedule of work hours can be guaranteed to Employee.

No schedule? on that! 36 classes a week on that too


4-3 In addition to the aforesaid thirty six classes of classroom assignments each week, the Employer will have the authority to require Employee to perform any classroom duties in excess of thirty six classes per week (hereinafter called "Overtime"), but the Employer will not have the authority to require Employee to work more than forty five hours in total in any one week unless Employee consents thereto. Only classroom contact hours in excess of thirty six classes per week and approved by the Employer are considered overtime. Employee will be paid at the rate of 15,000Won for each hour of overtime.(1 overtime = 40 minutes)

first of all forced OT is illegal! Secondly thats a low wage...it should be a minimum of 20,000 won for a 40 minute class!


4-4 Employee agrees to be present at the place of employment at least one hour before the commencement of each day's allocated teaching schedule to allow time for organization of teaching materials and preparation for the day's lessons.

This should be paid....if it isnt paid you shouldnt have to go....going in 15 minutes early to get ready is professional...going in an hour early is a suckers bet!


4-5 The Employer has the authority to assign Employee some non-teaching hours, within the limits on total work hours set forth hereinabove.

sorry you hired this person as a teacher....thats what they do....you have no authority to assign them Jack!


4-6 At all times during the term of this agreement, Employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be established, by Employer for the conduct of Employee or generally for the conduct of instructors at the Place of Employment.

sorry but if you dont have your rules and regulations established up front...you cant make them up as you go along!


4-7 Employee agrees to dress appropriately at all times when teaching or when present on the premises of the place at employment and to follow the advice, directives and policies of employer regarding what constitutes appropriate dress.

again this should be established here...exactly what is appropriate dress?

4-8 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, instruction, and guidance from the Government of Korea or any local government or officials there of.

well so far they have violated the labour laws rather well


5. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE


5-1 Transportation : Employer will purchase for Employee an economy class ticket for passage on a regularly scheduled airline to Korea from an international airport which is mutually agreed to by Employer and Employee (henceforth referred to as point of departure). In the event Employee completes the full contract period, Employer will purchase for the Employee an economy class ticket for passage on a regularly scheduled airline from Korea to the point of departure. The return air ticket will be provided at the time of termination of employment. In the event that the Employee continues employment under a subsequent employment agreement with Employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s).

since this benefit is available to you every year you should negotiate to recieve a cash settlement in lue of airfare(1,000,000 won)

In the event that Employee chooses to arrange his/her own transportation to Korea at commencement, or from Korea after completion of employment, Employer will pay Employee the equivalent of the cost of the cheapest economy class ticket to or from Employee's point of departure.

will pay for the ticket....I dont care if they found a last minute fare that cost less than what you paid....


5-2 Orientation Time and observation : After arrival in Korea, Employee will be allowed several days for adjustment and school orientation before beginning regular teaching duties. The orientation days will be spent in the institute preparing for classes and learning the instructional system. And Employee will be required to observe the other instructor's classes at the above Place of Employment during the orientation period as well as the 12(twelve) working sessions : No payment in excess of or in addition to employee's monthly salary will be made for attending observations scheduled by employer.

baloney! Absolute tripe!


5-3 Salary : Employer will pay Employee as compensation for all services rendered the total aggregate monthly salary of ￦ 1,900,000 Won for each month of the contract period with Employer. "Month" and "monthly" refer to a calendar monthly. Computation of the initial pay period will commence from the first day of orientation (usually the Monday after arrival). Payment for part of a month of employment will be calculated on the number of days employed. Payment of the aforesaid salaries will be made in Won. Korean income taxes, residence tax, and National pension Scheme deductions will be withheld. Monthly salary payments will be made on or before the eighth day of the month following the month during witch the employment services were provided.

crap pay! and you should be paid during the month worked...not 8 days late!


5-4 Vacation : Employee will have about 12(twelve) vacation days during the contract term Vacations are taken according to a schedule provided by Employer before the commencement of the year to which the schedule refers. Vacations can only be taken as scheduled.

which is it? get exact numbers....words like 'about' dont belong in a contract!


5-5 Holidays : Employee will have holidays during the contract term according to a schedule provided by Employer before the commencement of the year to which the schedule refers. Holidays can only be taken as scheduled.(it's not paid during the holidays and vacations.)

what about national holidays? whats not paid? why not?

5-6 Absent from duties

5-6-1 Salary is not maintained when Employee is absent from teaching duties. In the event that Employee is absent from duties for whatever reason, monthly salary will be reduced according to the length of the absence. Reductions will be based on basic salary rate.

what about sick days? Vacation time? crap clause!

Transference of teaching duties by Employee to persons other than Employee is not possible without the permission of Employer.

5-6-2 In the event that Employee is absent for more than two days consecutively, Employee must provide a medical certificate.

run away and never look back....mail them a 'i'm sorry i ever thought of working for you crapheads" card


5-7 Emergency Leave : Employee will be eligible to receive up to six(6) days of paid emergency leave in the event of death or serious illness in Employee's immediate family. The immediate family of Employee for the purpose of this paragraph will include only parents, grandparents, grandchildren, spouse and children, and brothers and sisters at the time of singing this agreement. Such emergency leave will be granted at the sole discretion of Employer. The Employee will bear the cost of transportation in the event of a need for emergency leave. Payment for emergency leave will only be made in the event that the Employee resumes duties with the Employer.


5-8 Severance Payment : Dependent upon completion of the full contract period : the Employee will be given an additional 1,900,000 won. Korean severance tax will be withheld. In the event that the Employee does not renew or extend employment under a subsequent employment agreement with Employer, this payment will be made at the time of completion of the contract period.


5-9 Housing

5-9-1 Employer will select and provide furnished living accommodations for Employee.

The accommodation is a single apartment, whuch includes : A kitchen table and chairs, a two-burner gas hot-plate, a refrigerator, a telephone, a television and a washing machine. Furnishing provided to each employee include : a bed, a wardrobe, and a fan.

demand air con

5-9-2 The cost of monthly service, utility, and telephone charged for accommodation arranged by Employee will be paid by the Employee.(or paid by Employer and the amount is deducted form the monthly salary of the Employee.)

pay your own bills....that way you know you arent being ripped off!


5-9-3 Employee agrees to the withholding from salary payments of a security deposit to cover unpaid monthly service, utility, and telephone charges : or to cover repayments for Employee's default on contract agreement. Such deposit amounting to 600,000 Won and being deductible from Employees' salary during the first three months of Employment with Employer. Employer will hold the full amount of the security deposit until all outstanding monthly service, utility, and telephone charges have been paid. In the event that Employer makes payments covering monthly service, utility, and telephone charges on behalf of Employee, the amount of such payments will be deducted from the security deposit and the remainder of the security deposit returned to Employee. Employer agrees that payment of remaining amounts of security deposit will be made to employee within ten days after all outstanding monthly service, utility, and telephone charges have been paid.

just say no to deposits they are illegal


5-10 Medical Insurance : Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The costs of this coverage will be borne half by Employer and half by Employee. Payment will be made by monthly deduction from Employee's salary, at present 1.5% and a like amount contributed by Employer. Coverage commences from date of joining the KMIU. Due to requirements from the immigration and taxation department, coverage will commence approximately three to four weeks after arrival in Korea.


5-11 Accident Compensation : In the event that employee sustains injuries from and accident of mishap during the course of normal work duties, of within the premises of place of employment, employer agrees to pay all medical and hospital costs which are in excess of those covered by medical insurance. In the event that employee sustains injuries from an accident of mishap which occurs outside the course of normal work duties, Employee understands and agrees that employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.


6. DISMISSAL OR VOLUNTARY RESIGNATION

6-1 Employer will have the right to dismiss Employee for unwillingness of inability to meet conditions of employment as set out under this agreement, including neglect of duties. Prior to any such dismissal, agreement, including neglect of duties. Prior to any such dismissal, Employee will be warned of dissatisfaction with performance of conduct and will be afforded an appropriate period in which to remedy the same.

still need to give 30 days notice or one months pay in lue of


6-2 Employer will have the right to dismiss Employee for conduct seriously jeopardizing any student of staff person, of for criminal activity. In such instance, Employer has the right under this agreement to execute immediate dismissal and no warning nor time for remedy need be allotted.


6-3 In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term of this agreement, employer will be obligated to pay all salary due to date of termination. Employer will have no duty and will not be obligated to pay the cost of return transportation to point of departure for employee, nor will employer be obligated to pay any severance pay. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of air fare provided for travel to Korea(ref. paragraph 5.1 above).

which should be waived after 6 months


6-4 In the event that war, civil disturbances, of political conditions prompt a directive from the government of the Republic of Korea of the government of employee's citizenship to leave Korea, this employment agreement will be terminated as of the date of such directive. In such case, employer will provide to employee an air ticket to point of departure, irrespective of length of employment period. All salary due at date of termination will be paid. Pro-rated severance pay will be given for periods of employment of less than twelve months.




7 COVENANTS

7-1 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer. Failure to comply with this article is cause for immediate dismissal.


7-2 Employee hereby agrees, covenants, and undertakes that he/she will not disclose teaching materials, syllabus details, or any other information relating to the academic program, whether verbally of in written form, to individuals or corporate entities not employed by employer.


7-3 Employee hereby agrees, covenants, and undertakes that at all times during the term of this agreement or subsequent to the termination of the agreement, the employee will not use name of the employer for business purposes or otherwise, and will not represent of hold himself/herself out as an authorized representative of the employer in Korea.


7-4 Unless otherwise agreed to in writing, the employee understands and accepts that the rights to use, sale, distribution, or publication of all original material produced by the employee during the course of employee's employment, and for which the employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain 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 supersedes all previous negotiation, commitment, and writings with respect hereto. No modification of this agreement will be binding or have any legal effect 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 the two parties.


9. INDEMNIFICATION CLAUSE : Employee will indemnify, and hold harmless, employer from any damages which employees may sustain, in any manners, through the misconduct of negligence of employee.


10. WAVIER : The failure of either party hereto 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 regard to any dispute or claim arising out of, or in connection with, this agreement.



Employer and employee have executed this agreement on the date indicated below intending to be legally bound hereto, and IN WITNESS WHEREOF, employer and employee have appended their signatures

I wouldnt even consider signing such a poorly written one sided contract. Common sense would dictate that you wouldnt even post a contract like this........burn it, throw it out, laugh at the people who sent it to you.....unless you're a masochist....you dont want to sign this peice of garbage!

[vox]