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I think I know what you're going to say

 
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andrenhowe



Joined: 21 Mar 2011

PostPosted: Mon Apr 18, 2011 7:42 am    Post subject: I think I know what you're going to say Reply with quote

The thing that concerns me the most is the part where they say you must participate in events and extra things and trainings, and not get paid.
I want to get a job! It seems mostly what I can find out is that there are awful jobs in Korea. Why is it so hard to get information about a GOOD job???

Employment Contract


POSITION: English Language Instructor

EMPLOYER EMPLOYEE

Name of School:
Employee�s Name:

Address:
Address:



(Hereafter to be referred to as the Employer)
(Hereafter to be referred to as the Employee)


The Parties agree as follows:

I. TERM OF CONTRACT

1. This contract begins , 2010 and ends , 2011.
However, the actual starting date is when the Employee first starts working at the campus. If the contract ends in the middle of the semester, then the last day is changed to the end of the semester.
2010년 6월1일 시작해 2011년 5월31일에


II. EMPLOYEE REQUIREMENTS

1 The Employee will act in a professional manner and be responsible for conducting professional English Language classes.

2. The Employee will be required to work on a regularly set schedule. Working hours may be slightly extended or changed depending on location or session. The working hours are from 2pm to 10pm for Champ campus and 3pm to 11pm for IVY campus. LangCon working hours will be from 12:30 to 8:30pm, Monday through Friday. The Employees will do 30 hours of teaching per week and 120 hours of teaching per month. In special cases, the Employee may be asked to work on a weekend or on a national holiday. If this occurs, the Employee shall be granted overtime pay(III. 1.3). It is not applicable to events mentioned in section II.4.
However the only exception is the 15th of August which is Korean national holiday. Any Employee working on this day will be compensated for a one day vacation.
The set schedule is not applicable to certain cases such as the summer and winter intensive course periods.

3. The Employee will work on a different time schedule during the summer and winter intensive semester. The working hours during the summer and winter intensive semester vary slightly depending on the location and the campus. The Employee is required to conduct classes during the summer and winter intensive semester. If the Employee works over 30 hours of teaching a week, the Employee will be compensated as stated in the contract ( III. 1.3)

4. The Employee is required to attend events held by the Employer such as orientation, workshops, a year- end party, retreats, academic seminars, etc.
An event could be held on a Saturday, but it will not count as overtime and will be uncompensated.

5. The Employee must submit the required documents for a visa by the due date, which both sides have agreed on. If the Employee fails to submit the required documents by the due date, the Employer is able to change the Employee�s position or is able to cancel the contract.

6. The Employee must follow Korean immigration laws and take responsibility for any immigration duties including any immigration fees such as Medical health check, Alien Registration, re-entry permit and visa extension, etc.

III. SERVICES PROVIDED BY THE EMPLOYER

1. PAYMENT

1.1 The Employer will pay a monthly salary of 2,300,000 KRW for regularly scheduled hours.


1.2 If the Employee fails to work on the set hours due to tardiness, absence, etc.; the monthly payment will be calculated and paid using a daily rate and/or an hourly rate.
The method for calculating the daily rate: Monthly salary divided by 30.
The method for calculating the hourly rate: Daily rate divided by 6.

1.3 The Employee may be asked to do over 30hours of teaching a week or 120 hours a month. In this case, the Employee will be compensated 20,000KRW per hour for the overtime.

1.4 The Employer will pay the Employee a monthly salary or the total amount owed for work performed in a month on the 10th of each month. In the event that the Employee doesn�t start working on the very first day of the month, their working days for that month will be counted from the day when they start working on a regular schedule.

2. HOUSING

2.1 The Employee will be provided with a single furnished apartment. The apartment will be provided at no cost to the Employee with the exception of utilities and housing management fees associated with the apartment.
The Employee housing will be fully furnished with basic necessities such as a bed (with bedding), kitchen supplies, TV, TV stand, desk, and a chair. All accommodations will also come with an AC unit, a washer, and a closet. It is recommended that the Employee bring some money for the first month of employment. However, it only applies to the new teacher who uses housing from the company.

2.2 The Employee has the duty to preserve the condition of the housing and furnishings until the end of this contract. If they are damaged or destroyed, the Employee must restore them to their original state or pay for the replacement of the same standard of quality.
The employee has a duty to fill the housing condition checklist during the first week of occupancy. If it is not submitted by the first week, the employee has a responsibility to pay for all of the damages not reported to the campus.

2.3 200,000KRW will be deducted from each of the Employee�s first three paychecks for a total of 600,000 KRW to be used as a security deposit.
This deposit will cover any unpaid services, bills, damage and airfare in the event that the Employee fails to pay or fails to fulfill 6 month of the Employee�s contract. The Employer will hold the full amount of the security deposit until all bills paid. The remaining amount will be returned to the Employee after all bills have been paid at the end of contract. However, the Employee who renews the contract and has already paid the security deposit will not be required to pay the security deposit again.

2.4 The Employee is eligible to receive 300,000 KRW a month as a housing allowance if the Employee does not require housing provided by the Employer. The Employee must submit the Housing Allowance Request form to the Employer to receive this housing allowance at the signing of this contract.

3. AIRFARE

3.1 The Employer will provide Employee with airfare to Korea from the closest international airport in Employee�s home country.
When the Employee completes the one year contract, the Employer will provide a return ticket to Employee�s point of departure.


3.2 Any Employee who does not fulfill a 6 month period must reimburse the amount of the entry air ticket to the Employer.. Any Employee who is hired within Korea and does not fulfill a 6 month period must reimburse the total amount of the visa run.

4. LODGING

4.1 The Employer will provide lodging, if necessary, for the Employee�s stay during the orientation and training period at a facility provided by the Employer.

5. HEALTH PLAN

5.1 The Employer will pay 50% of the premium for the Employee�s health plan, which is provided by the Employer and is administered through the Employer. Participation in a health plan is mandatory under Korean Law. The Employee will be responsible for remaining 50 percent of the costs.

6. SEVERANCE PAY

6.1 The Employer will pay severance to the Employee upon completion of the contract. The amount of the severance pay will be equal to one month of salary ( 2.3 m KRW), and if necessary, applicable government deductions will be subtracted.

7. PAID VACATION

7.1 The Employee may have 10 working days as paid vacation per year. Up to 5 consecutive days may be taken at once. 3 days of Institute-scheduled vacation are counted in these 10 days. 2 of the remaining 7 days are also set to be used to extend the official break period of the Institute during Korean holidays. No vacation days other than those scheduled by the Employer may be taken during the first 3 months of employment. (The Employee who renews the contract is able to take vacation days during the first 3 months.) The use of vacation must be approved by the Employer at least one month in advance. Days in which the Employee does not regularly work i.e., Saturdays, Sundays and National Holidays are not to be considered as part of the vacation period.
The Employee will not be allowed to take their vacation during the Summer, and Winter intensive terms, and during the last week of their contract.


7.2 When the Employee finishes the contract, the unused vacation will be compensated as daily wage as remained. In case of the Employee terminates their contract in the middle of the contract period, the Employee will get one day vacation per month after their first three month. The unused vacation will be compensated or the over used vacation will be deducted.

8. SICK DAY

8.1 The Employee may use up to 5 paid sick days per year provided they bring a doctor�s note from a hospital. Any additional sick days beyond the 5 days provided will be counted as absences, and the pay will be calculated according to the daily rate/hourly rate.

8.2 No more than two consecutive sick days may be taken at once. The employee has a duty to report the sickness to the campus director or supervisor before starting work. The Employee must give the director or supervisor a doctor�s note explaining the legitimate reason for missing work the next day.

9. PENSION
9.1 The Employee and the Employer will make regular contributions to the Employee�s pension fund, as stipulated by the rules and regulations of Korean National Pension Corporation. If eligible, the Employee will receive a reimbursement of all contributions made by him/herself and the Employee upon departure from Korea.

IV. RENEWAL & TERMINATION OF CONTRACT

1. RENEWAL

1.1 The Employee must give the Employer a written 60-day notice before renewal or non-renewal of the Employee�s current contract.

1.2 Both the Employer and the Employee reserve the option to renew the contract.

2. TERMINATION OF CONTRACT

2.1 Both parties will give at least a written 45-day notice prior to the termination date of the contract. If the Employee terminates their employment without providing 45 days notice, unless agreed upon by the Employer, the Employee will be responsible to pay the daily wage for each day under 45 days, as well as all bills associated with housing, rent, utilities, and management fees for the apartment provided for them by the Employer.

2.2 The Employer retains the right to terminate the contract immediately if:

a. The Employee is unable to meet the responsibilities or conditions required for employment such as being late for class on a continuous basis; continuous failure to keep regularly scheduled class times and repeated absences from classes without a valid reason.

b. The Employee teaches off the Employer�s property.

c. The Employee uses illegal drugs or is intoxicated during work hours.

d. The Employee participates in any type of criminal activity or corruption of public morals that violates the laws of the Republic of South Korea.

e. The Employee receives written warnings from the Employer on 3 occasions.

f. The Employee tells others about their own employment contract details.

2.3 If, for any reason, the contract is terminated before the full completion of the contract period:
a. The Employee will not qualify for benefits such as severance pay and airfare.

b. The Employee will be wholly responsible for any utilities/maintenance remaining for the duration of their housing lease.

2.4 Within 14-days the Employee is required to sign a notice of termination and accompany the Employer to the Korean Immigration office to notify the Korean Immigration office of the termination.


V. VENUE FOR DISPUTES BETWEEN EMPLOYER AND EMPLOYEE

1. The appropriate laws of the Republic of Korea will govern this contract. However, while both parties enter into this contract with total honesty and integrity, disputes may sometimes occur. In such cases, both parties will be bound by all terms and conditions of this contract and will try to resolve the difference in a civil manner that is fair to both parties. In the event that no solution can be found for a problem and either party decides to terminate this contract, they must do so in accordance with Section IV, 2 above. Upon such termination, both parties will agree to remain civil and to speak honestly and fairly about their experiences and not in a disrespectful manner.



VI.
FULL KNOWLEDGE

1. GOOD FAITH

The Employer and the Employee will act in good faith toward each other. The Employer will not dismiss the Employee without what reasonably is considered good cause and the Employee will do their utmost to satisfactorily fulfill all the responsibilities and meet all the conditions as described in the above agreement.

2. CHANGES TO CONTRACT

The Employer and the Employee agree that they have read the Employment Contract in its entirety and no other verbal agreement, statement or promise made on or before the effective date of this contract will be binding on the parties. Any changes made must be in writing and signed by both parties to be included in this contract. Any changes made to this contract without the knowledge and written consent of both parties are to be considered invalid.

3. TRANSFERAL OF CONTRACT

Under no circumstances can the Employer exchange, give, sell, or transfer this contract or the services of the Employee to another party or Institute without the written consent of the Employee.

4. LANGUAGE OF CONTRACT

The language of this contract is written in English and Korean. In the event of a dispute, the English version of this contract will prevail.


VII. ADDITIONS TO CONTRACT

All other matters not stated above will be based on Korean relevant laws and regulations including The Labor Standards Act, Regulations about employment and Avalon company regulations
When the Employee is temporarily required to work in the head office by the Employer, for reasons such as curriculum development, the working hours are 9am~6pm and there will be a one hour lunch break.




Employee:



Date: _


Employer:



Director of
Date: _
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Mon Apr 18, 2011 8:42 am    Post subject: Reply with quote

Try posting it in the contract review thread.
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andrenhowe



Joined: 21 Mar 2011

PostPosted: Mon Apr 18, 2011 10:00 am    Post subject: Reply with quote

I thought I did!
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