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Contract help please!

 
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Al & Jen



Joined: 14 Mar 2008
Location: Orlando, FL

PostPosted: Sat Mar 15, 2008 9:57 am    Post subject: Contract help please! Reply with quote

We could really use some insight here. We're planning on leaving for our first trip in just a few weeks. Help!


Employment Contract

This Employment Contract has been made by and between
PLus Language School
having its location at Sungbuk-Gu Seoul city Korea (hereinafter called Employer) and Jennifer ***** (hereinafter called Employee) for one year employment from April 2008 to April 2009.

1. Schedule
The regular teaching time will be 120 hours a month (for example: 144classes of 45 minutes class), Monday through Friday. It includes 5 minutes regular short break time after class but doesn�t include times that are for class preparation, meal, staff meeting and seminar for training. The school usually runs daily 2:30pm-10:00pm except summer and winter intensive session. Classes and teaching schedules will be organized by employer and will be flexible in accordance with the special needs and situations of the school and children

2. Pay/ Overtime
The Employer agrees to pay the Employee a basic salary 2.2 Million won per month. The salary will be regularly paid every month to the Employee.

As for the overtime teaching beyond 120 hours a month, the Employee will be paid 20,000 Korean won per hour (60 minutes). Overtime work except emergency should be informed to employee at least 7 days in advance and employee is to be positive to take it.
Although the Employer taught less than the regular 120 hours per month, the Employee will still be paid a base salary of 2.2 Million won per month.

3. Severance Payment
The Employee will be given a bonus of one month salary, 2.2 Million won as bonus (this means severance payment) for completing one year contract period. This amount will be paid at the time of, and is dependent on, the completion of the full contract term.

4. Air Ticket
Economy class air ticket from the nearest international airport to the employee to Korea will be provided to the employee. A returning air ticket will be provided to the Employee�s home upon completing of the full contract period. Regardless of the point of departure, the return ticket will be provided to the nearest international airport to the Employee�s home, and not to the point of departure, should they differ. The employer will pay the employee airfare that is equivalent to return ticket for the nearest international airport to employee�s home although the employee return to somewhere else when he/she finish a full year contract.

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 completion of the subsequent contract period(s).

When the Employee resigns within 6 months from his/her arrival in Korea because of the Employee�s faults, the Employee shall reimburse the Employer the airfare paid at the time of arrival in Korea.

When the Employee resigns after 6 months from the Employee�s arrival in Korea and not completed 1 year contract, the Employer shall not give the Employee a returning ticket to his/ her home country.

5. Housing
The Employer will provide the furnished housing for the employee with the rental at the Employer�s cost as agreed upon by both parties and stated below.

* A private furnished apartment living with MR Alan Sterling (It has Cell phone ,Cooking wares, Bed and linen, Blanket, TV, Washing machine, Air-conditioner, Fridge, Dining table, Wardrobe, etc)
.
Running cost of the accommodation (including electricity, gas, water bills, telephone and other utility charges) other than the rental of the housing will be paid by the Employee. In the event that teachers are sharing accommodation, the running costs will be divided between the teachers equally. The Employee is not responsible for the previous occupant�s unpaid bills.

The Employer will deduct 150,000 Korean Won from the Employee�s monthly payment for first three months to make 450,000 Korean Won in total as housing management deposit. This deposit is to cover unpaid monthly service, utility, and telephone charges which will be billed at following or next following month after the Employee�s contract period. Dependent 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. Medical Insurance
The Employer agrees to join employee Korean national medical insurance scheme in compliance with Korean labor law. It doesn�t include dental insurance.

7. 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.

8. Teaching Materials
The Employee will be given materials to teach to the class. The Employee may be expected to work alone without a Korean English teacher�s assistance.

9. Holidays/ Sick days/ Lateness/ Absence
During the school year, there are Korean national holidays. And besides these national holidays the employee can have leave for 2 weeks (one weeks in the first six months and one weeks in the second six months) subject to the arrangement by the employer and being requested by the employee more than four weeks in advance and approved subject to convenience of re-arranging the teaching schedules by the employer.
School holidays will be included in above employee�s holidays.
The Employer will allow the teachers 3 sick days paid a year. In case of exceeding 3 days of illness, the Employer may deduct a day�s pay for every day the Employee is absent from work or deduct days from holidays. The Employee must notify the Employer at least five hours before class time of illness with the doctor�s diagnosis.

Lateness: If the Employee is late to the class 10 minutes without notification, one hour rate of payment may be deducted.

10. The Employee�s Obligation
1) The Employee shall observe the Employer�s work system and regulations concerning administration of foreign experts 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 can be required to attend all the staffs� meeting. If the Employee must be absent, he/she informs the Employer prior to the meeting.

7) The Employee must behave in professional manner during class or when socializing with students after class.

Cool The Employee can be required to interview new students and evaluate their placement level.

9) The Employee shall not be absent without the Employer�s permission 2 days in advance notice.

10) The Employee shall respect the Korean people�s moral standards and customs.

11) The Employee shall not sexually harass students in his/ her charge.

12) Any form of physical punishment to students cannot be tolerated.

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 or may hereafter be established, by the Employer for the conduct of the Employee or generally for the conduct of instructors at the place of employment.

11. Taxes
Taxes and deductions in compliance with Korean Law shall be withheld automatically from the Employee�s monthly salary. The deductions will be income tax, residence tax, medical insurance (50%), National Pension (50%) and so forth if any, from monthly and severance payment.

12. 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.

13. Termination
The Employer and the Employee may terminate the contract with the written notice 40 days in advance. The proper reasons and adequate grounds must be provided in order for the contract to be dissolved. In the event that this contract is canceled the employer must issue a letter of release, without delay or any undue fee being charged to the employee or potential employers.

14. Arbitration
The two parties shall consult with each other and mediate any disputes which may arise about the contract. If all attempts fail, the two parties can appeal to the organization of arbitration for foreign expert affairs in Korea according to the Korean Regulations and Codes. In the event that no solution is deemed proper to both parties and either party decides to terminate this contract, they must do so in accordance with Section 14 above. Additionally, the employee may seek annulment in case where the employer does not complete the terms of the contract as required of them according to the contract.

15. Sympathy
In the event of death of an immediate family member of the employee arrangements will be made to excuse the employee from work. These days missed will be unpaid days but will not be counted as sick or vacation days.


This contract is signed in duplicate on the 12th day of March , 2008 in English for each party�s perusal and keeping.


Employee�s full name
Employee�s signature


Employer�s full name
Employer�s full signature
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garykasparov



Joined: 27 May 2007

PostPosted: Sat Mar 15, 2008 10:32 am    Post subject: Reply with quote

Hagwon labor contracts

Working Hours

>What are your working hours?
>When do you prepare for classes and how long do you prepare for them? (This should be specified in job duties)
>What are your working days including NON-WORKING days?
>How many classes do you teach per week, how long are they?
>How long is your break?

Job Duties

>Are they clearly defined in the labor contract?

Salary/Overtime

>Is your monthly salary clearly defined in your labor contract?
>Is there a payday written in your labor contract?
>Will your employer pay you in cash or by electronic deposit into your Korean bank account. Opt for the electronic deposit.
>Will your employer provide you with a pay receipt that states overtime wages, monthly salary, deductions from your monthly salary for income taxes, health insurance contributions and pension contributions?
>When are you eligible to work overtime?
>What are your overtime wages?

Paid Sick Leave

>Do you have 3 or more days of paid sick leave in your contract?

Severance

>Severance is generally viewed as one months wages. Are you going to be paid your severance prior to/upon completion of the labor contract?

Vacation "annual paid leave"

>Do you have a minimal of ten (10) working days as paid annual leave?
>Is there contractual language that specifies when and how you use them?
>Is there contractual language that specifies what days are not annual paid leave?

Korean National Holidays

>Your entitled to observe them. Is that stipulated in the contract?

Medical

>When will your employer enroll you into the National Health Insurance Plan and provide you with a health insurance card?

Housing

>Single housing and NOT shared!
>What furnishings will your employer provide you with?
>Excessive housing deposits: NO!


Dismissal/Resignation

>Is there contractual language that specifies what you can be fired for?
>Notice of Dismissal: Thirty days by law and get it in writting.
>FYI: All warnings should be in writting.
>Is there a provision that stipulates your dismissal notice will include the date of your dismissal and reasons for dismissal?
>If you resign, how many days notice IN WRITING do you have to give?

Airfare

>Employer pays for your ticket prior to departure (not the case for public schools though).
>Employer provides (pays for) a return ticket upon completion of the contract.


Income Taxes

>They're deducted according to a sliding scale NOT the typical 3.3% or higher at most hagwons.


Last edited by garykasparov on Sat Mar 15, 2008 12:18 pm; edited 5 times in total
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Fresh Prince



Joined: 05 Dec 2006
Location: The glorious nation of Korea

PostPosted: Sat Mar 15, 2008 10:57 am    Post subject: Re: Contract help please! Reply with quote

Al & Jen wrote:
We could really use some insight here. We're planning on leaving for our first trip in just a few weeks. Help!


Employment Contract

This Employment Contract has been made by and between
PLus Language School
having its location at Sungbuk-Gu Seoul city Korea (hereinafter called Employer) and Jennifer ***** (hereinafter called Employee) for one year employment from April 2008 to April 2009.

1. Schedule
The regular teaching time will be 120 hours a month (for example: 144classes of 45 minutes class), Monday through Friday. It includes 5 minutes regular short break time after class but doesn�t include times that are for class preparation, meal, staff meeting and seminar for training. The school usually runs daily 2:30pm-10:00pm except summer and winter intensive session. Classes and teaching schedules will be organized by employer and will be flexible in accordance with the special needs and situations of the school and children Shocked
2. Pay/ Overtime
The Employer agrees to pay the Employee a basic salary 2.2 Million won per month. The salary will be regularly paid every month to the Employee. Confused
As for the overtime teaching beyond 120 hours a month, the Employee will be paid 20,000 Korean won per hour (60 minutes). Overtime work except emergency should be informed to employee at least 7 days in advance and employee is to be positive to take it. Shocked
Although the Employer taught less than the regular 120 hours per month, the Employee will still be paid a base salary of 2.2 Million won per month.

3. Severance Payment
The Employee will be given a bonus of one month salary, 2.2 Million won as bonus (this means severance payment) for completing one year contract period. This amount will be paid at the time of, and is dependent on, the completion of the full contract term.

4. Air Ticket
Economy class air ticket from the nearest international airport to the employee to Korea will be provided to the employee. A returning air ticket will be provided to the Employee�s home upon completing of the full contract period. Regardless of the point of departure, the return ticket will be provided to the nearest international airport to the Employee�s home, and not to the point of departure, should they differ. The employer will pay the employee airfare that is equivalent to return ticket for the nearest international airport to employee�s home although the employee return to somewhere else when he/she finish a full year contract. Confused
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 completion of the subsequent contract period(s).

When the Employee resigns within 6 months from his/her arrival in Korea because of the Employee�s faults, the Employee shall reimburse the Employer the airfare paid at the time of arrival in Korea.

When the Employee resigns after 6 months from the Employee�s arrival in Korea and not completed 1 year contract, the Employer shall not give the Employee a returning ticket to his/ her home country.

5. Housing
The Employer will provide the furnished housing for the employee with the rental at the Employer�s cost as agreed upon by both parties and stated below.

* A private furnished apartment living with MR Alan Sterling Shocked (It has Cell phone ,Cooking wares, Bed and linen, Blanket, TV, Washing machine, Air-conditioner, Fridge, Dining table, Wardrobe, etc)
.
Running cost of the accommodation (including electricity, gas, water bills, telephone and other utility charges) other than the rental of the housing will be paid by the Employee. In the event that teachers are sharing accommodation Shocked , the running costs will be divided between the teachers equally. The Employee is not responsible for the previous occupant�s unpaid bills.

The Employer will deduct 150,000 Korean Won from the Employee�s monthly payment for first three months to make 450,000 Korean Won in total as housing management deposit. Shocked This deposit is to cover unpaid monthly service, utility, and telephone charges which will be billed at following or next following month after the Employee�s contract period. Dependent 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. Shocked
6. Medical Insurance
The Employer agrees to join employee Korean national medical insurance scheme in compliance with Korean labor law. It doesn�t include dental insurance.

7. 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.

8. Teaching Materials
The Employee will be given materials to teach to the class. The Employee may be expected to work alone without a Korean English teacher�s assistance.

9. Holidays/ Sick days/ Lateness/ Absence
During the school year, there are Korean national holidays. And besides these national holidays the employee can have leave for 2 weeks (one weeks in the first six months and one weeks in the second six months) subject to the arrangement by the employer and being requested by the employee more than four weeks in advance and approved subject to convenience of re-arranging the teaching schedules by the employer. Shocked
School holidays will be included in above employee�s holidays. Confused
The Employer will allow the teachers 3 sick days paid a year. In case of exceeding 3 days of illness, the Employer may deduct a day�s pay for every day the Employee is absent from work or deduct days from holidays. The Employee must notify the Employer at least five hours before class time of illness with the doctor�s diagnosis. Shocked
Lateness: If the Employee is late to the class 10 minutes without notification, one hour rate of payment may be deducted. Shocked

10. The Employee�s Obligation
1) The Employee shall observe the Employer�s work system and regulations concerning administration of foreign experts 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. Confused

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. Confused
6) The Employee can be required to attend all the staffs� meeting. If the Employee must be absent, he/she informs the Employer prior to the meeting.

7) The Employee must behave in professional manner during class or when socializing with students after class.

Cool The Employee can be required to interview new students and evaluate their placement level.

9) The Employee shall not be absent without the Employer�s permission 2 days in advance notice. Shocked

10) The Employee shall respect the Korean people�s moral standards and customs.

11) The Employee shall not sexually harass students in his/ her charge.

12) Any form of physical punishment to students cannot be tolerated.

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 or may hereafter be established, by the Employer for the conduct of the Employee or generally for the conduct of instructors at the place of employment.

11. Taxes
Taxes and deductions in compliance with Korean Law shall be withheld automatically from the Employee�s monthly salary. The deductions will be income tax, residence tax, medical insurance (50%), National Pension (50%) and so forth Mad if any, from monthly and severance payment.

12. 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. Mad

13. Termination
The Employer and the Employee may terminate the contract with the written notice 40 days in advance Confused . The proper reasons and adequate grounds must be provided in order for the contract to be dissolved. Shocked In the event that this contract is canceled the employer must issue a letter of release, without delay or any undue fee being charged to the employee or potential employers.

14. Arbitration
The two parties shall consult with each other and mediate any disputes which may arise about the contract. If all attempts fail, the two parties can appeal to the organization of arbitration for foreign expert affairs in Korea according to the Korean Regulations and Codes. Laughing In the event that no solution is deemed proper to both parties and either party decides to terminate this contract, they must do so in accordance with Section 14 above. Additionally, the employee may seek annulment in case where the employer does not complete the terms of the contract as required of them according to the contract.

15. Sympathy
In the event of death of an immediate family member of the employee arrangements will be made to excuse the employee from work. These days missed will be unpaid days but will not be counted as sick or vacation days.


This contract is signed in duplicate on the 12th day of March , 2008 in English for each party�s perusal and keeping.


Employee�s full name
Employee�s signature


Employer�s full name
Employer�s full signature
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View user's profile Send private message
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