herenorthere56
Joined: 15 Oct 2010
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Posted: Tue Feb 22, 2011 3:23 pm Post subject: Review my contract? |
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Hi there,
I'm pretty new to this, and this is my second contract I've received, so any comments would be great! I just don't want to sign up for something that isn't up to par. Keep in mind, this is my first teaching abroad experience, and I am not TEFL certified, although I do have a BA in women's studies. (Super helpful, I know.) Thanks for your time. So, here's the contract:
This EMPLOYMENT AGREEMENT becomes effective on April, 25th, 2011 between xxxx
xxxxxxxxxx
(hereinafter referred to as the "Employer") and
, a citizen of
, passport no:
,
(hereinafter referred to as the "Employee"). The Employee is hereby hired by the Employer and both
parties agree on the following terms and conditions:
1.
Period of Employment
1.1. The total agreement term is 12 months. (April, 25th, 2011 ~ April, 24th, 2012)
1.2. The term of this Agreement includes an orientation period, twelve (12) consecutive teaching
sessions, and all scheduled vacations and holidays that fall between or during teaching
sessions.
1.3. The Employee will discontinue residence in Korea under the visa status sponsored by the
Employer upon the completion of this contract unless the both parties agree to renew the
contract.
2.
Conditions of Employment
2.1. Employee�s Duties: During the term of this Agreement the Employee will perform the
following duties:
2.1.1. EFL instruction in any phase of the Institute's program.
2.1.2. Grading
2.1.3. Evaluation
2.1.4. Counseling
2.1.5. Class preparation and teachers� meeting. (1 hour prior to first class).
2.1.6. Other related activities.
2.1.6.1. Saturday field trip or event for students 6 times
2.1.7. Keeping his/her classroom neat.
2.1.8. Interview new students and evaluate their placement level.
2.2. Working hours
2.2.1. Classes will be held from Monday to Friday.
2.2.2. Working hours are from 2:00 p.m. to 9:00 p.m. (2:00 p.m. ~ 3:00 p.m. : Preparation
time, 3:00 p.m. ~ 9:00 p.m. : Teaching time)
2.2.3. The Employee will be required to work at the times the Employer shall direct already
outlined in the contract.
2.2.4. The employee will not be permitted to leave the Institute during the working hours even
if he/she has no classes.
2.3. Salary and Overtime
2.3.1. The Employee will be guaranteed 2,100,000 KRW per month.
2.3.2. Only the time worked in excess of contract hours will be considered as overtime. The
Employee�s overtime pay will be 18,000 Won per 60 minutes. Attendance at other
related activities, staff meetings, workshops and class preparation (which is mandatory)
will not be considered as overtime.
2.3.3. The salary will be paid on the 10th day of the next teaching month.
2.4. Severance Pay
Upon successful completion of a full contract period 12 months, the Employee will be given
severance pay which is equivalent to his/her salary of 2,100,000 Won.
2.5. Benefits
2.5.1. Housing
2.5.1.1. The Employer will select and provide free furnished living accommodation for
the Employee usually located not far from the school.
2.5.1.2. The accommodation will be a private apartment studio.
2.5.1.3. The Employer will also provide furnishings which include: bed, two-burner gas
hot plate, air conditioner, refrigerator, washing machine, TV set, microwave oven.
2.5.1.4. The costs of all utilities (gas, water, electricity, cable TV) and a monthly
apartment maintenance fee will have to be paid by the Employee.
2.5.1.5. The employee must move out the next day of the actual last teaching day.
2.5.2. Vacation, Holidays, Sick leave and Emergency Leave
2.5.2.1. The Employee can get 10 days in total for a paid vacation while the Employee
is under the contract. The employee will take 5 days in the summer according to
the schedule and the last 5 days of the contract. Therefore, the employee shall
terminate the contract early for 5 days. National Holidays, Saturdays and Sundays
shall not be included in a paid vacation.
2.5.2.2. The Employee can take 3 sick days off. 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. The Employee must notify the Employer at least five hours before class
time of illness. In this case, the Employee must show the doctor's note of illness.
2.5.2.3. The Employee can take 5 days of unpaid �Emergency Leave� for use in case of
death in the family or other emergency. In this case, the Employee must show the
proof of death / other emergent situation.
2.5.3. Health Insurance: The Employee will be provided with health insurance coverage from
the designated public health insurance corporation with 50% of the premium paid by the
Employer and 50% - by the Employee.
2.5.4. Transportation: The Employer will purchase for the Employee an economy class air
ticket to Korea from a main international airport in the country/city where the Employee
resides and from which the employee was hired. After completing a one-year contract
the Employee will be provided with a return economy class air ticket to his/her home
country.
3.
Taxes and Other Deductions
3.1. The following taxes and deductions will be withheld from the Employee�s monthly salary.
3.1.1. Income tax required by the Korean Tax Law;
3.1.2. National Pension Contribution according to regulation
NOTE: Upon completion of the contract (agreement), pension contributions will be
fully reimbursed to the Employee by the Korean government;
3.1.3. Health Insurance;
3.1.4. 200,000 Won will be deducted for each month for the first three months as a security
deposit for unpaid utilities even if the Employee pays them each month. This deposit
WILL BE refunded to the Employee one month after this contract is completed.
4.
Employee�s Conduct and Dress Code
4.1. During the term of this Agreement the Employee is expected to conduct himself/herself in a
professional manner that would project a good image of the Institute. Therefore, the following
forms of behavior will NOT be permitted:
4.1.1. Coming to the Institute and conducting class under the influence of alcohol or illegal
drugs and while smoking;
4.1.2. Making sexual advances towards or entering into relationships with the students or
employees of the Institute;
4.1.3. Using bad language in class that would offend or discredit students, the staff and the
Institute.
4.1.4. Not following scheduled class timetables, canceling, starting classes late without the
prior approval of the academic director.
4.2. The Employee should present himself/herself to students as a professional. Casual attire,
provided it is clean and neat, is acceptable. However, NO blue jeans, sneakers and T-shirts
will be allowed (unless otherwise instructed).
5.
Duty of Confidentiality
5.1. The Employee shall not disclose information relating to the contents of lectures, teaching
material and business operation of the Institute to any third party.
5.2. The Employee shall not disclose information regarding his/her salary, overtime payment, and
contract hours to any third party, including other Employees of the Institute.
6.
Outside Employment and Conflicts of Interest
6.1. According to Korean Immigration Law, foreign workers are allowed to work legally in Korea
ONLY for the Employer/Institute for which they have received a work visa.
6.2. By signing this Agreement, the Employee agrees to devote his expertise, time and attention
to discharge his duties to his legal Employer and not to engage in any other activity that
would in any manner whatsoever compete with the Employer and pose any conflict between
the interest of the Employer and the other party and/or interfere with the performance of the
Employee�s duties.
6.3. If the Employee wishes to accept any other employment, such as private or part-time
teaching, editing and so on, he/she must get the Academic Supervisor�s approval before doing
so. Failure to comply with this rule may result in immediate dismissal.
7.
Dismissal, Voluntary Resignation and Liquidating Damages
7.1. The Employer will have the right to dismiss the Employee if or when:
7.1.1. The Employee repeatedly fails to perform his/her duties stated under this Agreement
including but not limited to frequent absences from the place of Employment/Institute
without approval of the Academic Supervisor.
7.1.2. The Employee fails to conduct himself/herself in a professional manner (as described in
Employee�s Conduct and Dress Code section of this Agreement) resulting in damaging
the image of the Institute.
7.1.3. The Employee places any student or a staff person in jeopardy or causes significant
material damage to the Employer as a result of his/her negligence or reckless behavior.
7.1.4. The Employee commits any criminal act inside or outside the place of employment/
Institute. This will result in immediate dismissal with neither warning nor time for
remedy being given to the Employee.
7.1.5. The Employee has already received three (3) reprimands (warnings) from the Employer
of dissatisfaction with the Employee�s performance, and the Employee has not rectified
the situation.
7.2. The Employee may not earlier terminate this Agreement without a good reason. If required,
45 days prior notice must be given to the Employer before termination of the contract.
7.3. In any case of dismissal or voluntary resignation, the Employer will not provide a return
ticket and will not give the severance pay. In addition, if the Employee voluntarily terminates
this contract before six (6) months of employment, he/she will have to reimburse to the
Employer the initial airfare and other expenses that the Employer has incurred in the process
of hiring of the Employee.
8.
Understanding
8.1. Both parties have read the above terms and conditions and agree to fulfill them in good faith
and will resolve any dispute in a reasonable manner.
8.2. All issues that cannot be solved by the two parties above will be solved in accordance with
the appropriate laws of the Republic of Korea.
The Employer and the Employee have executed this agreement and appended their signatures on the date
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