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Contract review

 
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longlivetheclash



Joined: 08 Aug 2009
Location: Bundang/Seoul

PostPosted: Sat Aug 29, 2009 4:13 pm    Post subject: Contract review Reply with quote

1. JOB DESCRIPTION
The employee will be responsible for conducting professional, well-planned English language classes. The employee may also be assigned by the Director to other education related duties, such as teachers� meetings, staff training sessions, workshops, daily schedules, report cards and new student interviews. The employee may also be required to be present in uniform attire at marketing events, for which the employee will be compensated at the following rates: 30,000 won/hr for events held outside the campus, 25,000 won/hr for events held inside the campus.

2. WORKING HOURS
Teaching hours are normally 6 hours per day excluding one hour prep time. These hours are subject to change due to public school sessions, school summer and winter vacations, and others. The employer retains the sole right to schedule the employee based on the requirements of the employer.

3. PLACE OF EMPLOYMENT
The employee will be employed at GnB English School, Cheongnim Campus.

4. SALARY
4.1 The employer shall pay the employee a salary of 2.2 Million won per month. The employee will be required to provide 30 hours of classroom instruction per week. The employee may be required to perform administrative duties as part of these hours. The employee will also be expected to put in additional time necessary to prepare for classes and to be present at teachers� meetings.
4.2 The employee�s salary shall be paid at the end of each month. If this day falls on a national holiday, Saturday or Sunday, the salary will be paid on the immediately preceding business day.
4.3 ALL overtime must be agreed to by the Director and the employee PRIOR to any being taken. Payment for overtime work is subject to agreement between the Director and the employee. If no separate agreement is negotiated, the employee will be paid at a rate of 25,000 won per hour.
4.4 Korean income taxes (3.5%) will be withheld from the employee�s salary every month.
4.5 Once medical bills are approved, 50% will be paid out to the employee through the Employees' Health Plan which is administered by GnB.

5. BONUS
In lieu of severance pay, a bonus of 2.2 Million won will be paid to the employee at the end of contract year after all outstanding bills and obligations are paid.

6. SALARY PAYMENT DAY

The salary will be paid to the "Employee" once per month without delay on the 10th of each month. The payment will include services rendered from the 1st to the 31st (or last day) of the previous month.

7. ACCOMMODATION
7.1 The employer will select and provide furnished living accommodation for the employee.
7.2 The accommodation will be in a single or shared two-bedroom villa or apartment. The employer shall provide basic furniture items and appliances such as a bed, a TV, a kitchen table and chairs, a refrigerator, a washing machine, a gas stove and a telephone (not service) plus some utensils.
7.3 The employer will pay the rent for the apartment. The employee will pay for utilities such as power, water, gas, heating and telephone costs.
7.4 The employee may choose to receive a stipend of won per month for living expenses in lieu of the employer-provided accommodation. In this case, the employee is fully responsible for finding accommodation and caring for all related expenses.

8. VACATION
8.1 The employee is entitled to ten business days of paid vacation per contract year; the maximum length for each leave is five business days plus weekend.
The employee cannot take any days off during the teaching year unless the employee gives at least 4 weeks notice. The employer must approve this time off. The school will attempt to provide, but not guarantee, vacations of one week in length.
8.2 The employee is allowed three paid sick days per contract year. The employee may be required to provide proof of illness to receive a sick day. Excess use of paid sick leave will not be permitted. The employee is entitled to National Holidays. Korean election days are not considered National Holidays for the purposes of this contract.

9. AIRFARE
9.1 The employer shall provide an economy airfare ticket from the employee�s point of hire to Seoul. Should the employee wish to return to the original point of hire upon satisfactory completion of the contract, the employer shall also provide the employee with an economy airfare ticket. Should the employer purchase a return ticket prior to the start of the contract, the employee is required to submit it to the employer upon arrival.

10. DUTIES AND RESPONSIBILITIES OF THE EMPLOYER
10.1 The employer will undertake all the pertinent steps and measures in order to obtain a residence visa and work permit (E-2) for the employee prior to their arrival in Korea. For this purpose, the employee will furnish the employer with all documents that the employer requests, such as the original or certified copy of their University degree, sealed transcripts and photos. The expenses incurred by the employee for applying for and obtaining this visa will be reimbursed; travel costs not included.
10.2 Should the employer and employee agree that the employee arrive in Korea without the said visa, the employer will assume all extra costs associated with the visa process, but not the costs for obtaining a residence visa and work permit (E-2).
10.3 The employer will not be held responsible if the Korean authorities refuse to grant the visa.

11. DUTIES AND RESPONSIBILITIES OF THE EMPLOYEE
11.1 The employee will dress and behave in an appropriately professional manner.
11.2 The employee understands and agrees that at all times during the term of this agreement, the employee will strictly adhere to and obey all laws and regulations of the Government of Korea (ROK) or any Korean local government officials.
11.3 The employee will not engage in sexual behavior or enter into a romantic relationship with a minor or any student of GnB.
11.4 The employee will not use or transport any drugs or other substances prohibited by the laws and regulations of ROK.
11.5 The employee will conduct himself/herself in a manner that does not detract from the reputation or the good name of the institute.
11.6 The employee must allocate sufficient time each day to plan their daily classes.
11.7 The employee must give written or oral notice if he/she is not to teach a class, at least one day in advance. Should the employee not teach an assigned class (without notification), the employee may be dismissed and this agreement terminated.

12. MISCONDUCT AND DISMISSAL
12.1 The employee will work only for the employer. Any other employment is in violation of Korean Law and will be considered a breach of contract and is a cause for immediate dismissal.
12.2 The employer has the right to dismiss the employee for neglecting their duties after being warned.
12.3 The employer will dismiss the employee for criminal conduct inside or outside the place of employment that would, in the opinion of the Director or vice-Director, seriously jeopardize any student or other employee.
12.4 The employer may dismiss the employee should the employee�s conduct damage or harm the reputation of the school.
12.5 The employee may be dismissed for financially harming the employer.
12.6 The employee may be dismissed for misrepresentation of academic degree or work related experience or qualifications.
12.7 In case the employee is dismissed for any of the above enumerated reasons, bonus payment and expenses shall be treated as mentioned in Clause 14 (�Resignation�) below.


13. RE-ASSESSMENT OF THE EMPLOYEE
The employer has the right to re-assess the employee should the teaching hours of the institute not be sufficient for the employee�s retention. The employer will give the employee 4 weeks notice if such a case arises. The employer will retain the sole right as to which employees will be laid off. Should such a situation arise the employee�s bonus will be prorated but the employee will not be liable for any costs associated with the hiring process, including recruiting fees and airline ticket costs.

14. RESIGNATION
Should the employee voluntarily resign prior to the termination of the term of this agreement, the employer will not be obligated to pay the employee any part of the bonus. The employee will also be obligated to return costs associated with the recruiting of the said employee, recruiting costs, airfare, visa costs and training costs, as per the following schedule: 1 - 4 months - all costs in full. 5-11 months: total costs divided by the number of months worked in the contract.

15. RENEWAL OF CONTRACT
Three months before the expiration of this contract, both parties should notify each other as to whether or not they will renew this contract for another year. The parties will then renegotiate the salary and terms of employment for the following year.

16. CONTRACT LENGTH
This contract is valid for one year and shall commence with the first day of employment.
The term of Employment shall commence on _the date of the visa issued_ and end on _ the date of the visa expired
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PRagic



Joined: 24 Feb 2006

PostPosted: Sat Aug 29, 2009 4:51 pm    Post subject: Reply with quote

There's a sticky for this:

http://forums.eslcafe.com/korea/viewtopic.php?t=59265
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