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thoughts?

 
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Nanook21



Joined: 20 Feb 2009

PostPosted: Tue Feb 24, 2009 9:28 pm    Post subject: thoughts? Reply with quote

anything wrong here. I've already asked to get more info on the housing (i.e. what will be the furnishings) also, anybody know anything about the Cho-il Language Institute?


This Agreement is entered into by the Institute, Cho-il Language Institute, Busan, South Korea, hereinafter referred to as Institute or Employer, and __ __ as Employee or Instructor.

1.Duration of Employment: One Year
From __March , 2009 to March , 2010 __

2.Position or Title: English Conversation Instructor

3.The conditions:
a) Salary: The instructor will be initially paid 2.2 million won per month. Salary payments will be made on the tenth day of the month following.
Overtime will be paid at the rate of 18,000 won per hour.
b) Working duties : up to 120 hours per month - any hours worked over 120 in any one month shall be considered overtime.
c) Housing: Housing is provided � private apartment.
d) Insurance and Pension : The insurance and the pension will be paid 50% by the Institute.
e) Bonus: In accordance with Korean labor laws, a bonus of one (1) month's salary will be paid on completion of the term of the contract -one (1) year. If the instructor departs prior to the contract completion date, he/she will not be entitled to receive this bonus.
f) Sick days: Three(3) days paid with doctor�s letter.
g) Paid Holiday: 10 days (except Korean holidays) that set by the school.
h) Taxes/ Deductions: 3.3 percent of all income will be deducted for Korean taxes.
i) Other benefits: Transportation will be paid to any classes the Institute arranges outside the Institute. This does not apply to transportation costs from home to the Institute, or from the Institute to home.

4. The employee, above named, agrees to endeavor to enhance the image, and to promote the purpose of the institute, and, to that end to act responsibly and to follow the instructions of the Director of the institute in good faith.

5. To comply with paragraph 4, the employee agrees to the following:
a) The employee shall instruct students faithfully in accordance with the designated textbooks: with the permission of the Institute's director, the employee may adopt supplemental textbooks or material as needed.
b) The employee shall observe class hours strictly: any absence, or tardiness. early dismissal of class, non- observance of working hours. etc., can only take place with permission of the Director. Employee agrees that two instances of tardiness will be regarded as one hour of absence, In such , one hour's pay will be deducted.
c) A teaching hour is defined as the unit of class, as prescribed by the Institute. The instructor is obligated to attend teacher, or training meetings, up to 4 hours per months, and understands that such meetings are not subject to compensation, but that any time over 4 hours per month fall under overtime pay. As with any teaching position, the Instructor should be adequately prepared for classes, and use Instructor's own time as necessary, to so prepare.
d) The working days are Monday to Friday.
e) In the event the employee seeks release from this Agreement, he/she will so inform the Director of the Institute, in writing at least 30 days in advance: release will not take place until a suitable substitute or successor, has begun work. Also any monies owed the employer by the employee(e.g., phone: utilities and maintenance: airfare or recruiting fee : insurance: etc) must be paid before release is granted, if employee does not comply with this clause, institute may initiate Civil Action under Korean law. Only acts of Nature or God are exempt from this clause.

6. The employee further agrees not to take part in any of the following activities, or any other activities which might defame the Institute or it's prestige.
a) Any activity which involves acceptance of tuition or any other funds or any other unsanctioned monetary transactions not related to, or on behalf of the institute. Violation of clause may result in arrest, imprisonment, fine, and release from work and or deportation from Korea, as per provisions of Korean Law:
b) Borrowing funds from, selling items to or loaning money to students or employees of the institute other than items officially sanctioned by the institute, is strictly prohibited:
c) If, as a result of willful negligence, gross negligence or intoxication, Employee damages facilities, materials or other property belonging to the Institute (or homestead family, if applicable), the employee will assume full liability in accordance with Korean Law:
d) The Employee's effectiveness in attracting and retaining students is paramount to the interests of the Institute. Therefore, if employee who sincerely wants to remain teaching in Korea experiences any decrease in enrollment of 50% or more of the Instructor's student in any given calendar month, arbitration between the Institute the Instructor, and a mutually agreed-upon third party will ensue.
If arbitration assigns a probationary period and /or Intensified Training, the Instructor will continue to receive payment for 30 days at the prescribed hourly/ minimum rate, as contractually agreed upon. If enrollment continues to decrease during the probationary period, the Instructor may be given notice of release and termination at any time during the probationary period but may be retained for at least 30 days from such notification:
e) The institute may terminate this agreement for the following reason:
(1) In such case as the health of the Instructor becomes seriously endangered, and further continuation of teaching is determined.
(2) In such case as the health of the Instructor or his/her dependents, violate the law of the Republic of Korea:
(3) In such case as the Instructor does not carry out the responsibilities stipulated in paragraphs 6:
(4) In the event that submitted documents attesting to the applicant's credentials or qualifications prove to be invalid:
(5) In the event the instructor commits violence or threatens violence, against any staff members, fellow instructors, students or other persons, whether at work or nor at work:
f) All parties agree to the conditions of this contract, good will, and agree to resolve disputes as gentle people, willing to compromise: but will submit to the ultimate Judgment of Korean Civil Law for any unresolved disputes arising from matters here in or not addressed herein:

7. This Agreement constitutes the entire agreement between the parties and supersedes all previous representations, understanding or agreements, oral or written, between the parties with respect to the subject matter herein.

8. Employer agrees to provide Employee one-way trip ticket Busan when he/she starts work. After the completion of one year contact, the employee will be given a single ticket to his/her home town..


Date : ____________________
Director's Signature : ___________________________
Date : ____________________
Instructor's Signature : __________________________
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sarbonn



Joined: 14 Oct 2008
Location: Michigan

PostPosted: Tue Feb 24, 2009 9:38 pm    Post subject: Reply with quote

6d would cause me to rip this contract in half upon reading.

3e doesn't make any notice that if THEY decide to get rid of you, you still get the severance bonus. In other words, if they fire you in the 11th month, you're screwed.

Sick days ONLY with a doctor's note? You'll have to decide if you're okay with that.

They won't release you until a suitable substitute has begun work? Not a big deal, because if you're going to leave, you're going to leave, and they'll be screwed either way.

A couple of other problems, especially with 6e, but those are pretty much yours to decide on how viable they are.
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afsjesse



Joined: 23 Sep 2007
Location: Kickin' it in 'Kato town.

PostPosted: Tue Feb 24, 2009 9:39 pm    Post subject: Reply with quote

This is the biggest BS job I've ever read.

e) In the event the employee seeks release from this Agreement, he/she will so inform the Director of the Institute, in writing at least 30 days in advance: release will not take place until a suitable substitute or successor, has begun work. Also any monies owed the employer by the employee(e.g., phone: utilities and maintenance: airfare or recruiting fee : insurance: etc) must be paid before release is granted, if employee does not comply with this clause, institute may initiate Civil Action under Korean law. Only acts of Nature or God are exempt from this clause.

LOL! There is nowhere in this contract that says you owe money if you break it. Therefore I'd ask to specify.

(2) In such case as the health of the Instructor or his/her dependents, violate the law of the Republic of Korea:

How can getting sick violate the Law's of Korea?????

This contract while it overall looks decent is way to strict and punitive against you. The threats of imprisonment and compensation to the school are uncalled for and are setup as a warning to you before you come here.

Move on!
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