bechaack
Joined: 04 Apr 2011
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 Posted: Fri Apr 22, 2011 7:50 am Post subject: Contract for Review |
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GENERAL EMPLOYMENT AGREEMENT FOR INSTRUCTOR
This EMPLOYMENT AGREEMENT has been made this at April 21, 2011 by and between ; a company having its office at (hereinafter referred to as "employer");
and
_____________________________________, a citizen of whose domicile is at
____________________________________________ (hereinafter referred to as "employee").
Employer and employee, in consideration of the mutual promises and covenants
contained herein, agree as follows:
1. Employee hereby accepts employment from employer to teach the English
language in the form and manner and under the terms and conditions set forth
here in this agreement.
2. The "Place of Employment" is at the address above.
3. Term of Agreement
3.1 The "term of this agreement", which shall not include orientation time, is twelve (12) full and consecutive teaching sessions from the first day of teaching, and all scheduled vacations and holidays which fall between or during teaching sessions. The date of the first day of classes shall be entered here _________., once confirmed upon arrival. This should be stamped or signed by both parties.
3.2 Employee agrees to discontinue visa sponsorship in Korea under the visa status sponsored by employer within five days of termination of employment.
3.3 Periods of employment of employee beyond that covered by this agreement must be agreed to by employee and employer, in writing, at least three months before the expiration of the term of this agreement.
4. Duties
4.1 During the term of this agreement, the employee will be required to prepare for,
teach, and carry out all required administrative duties connected with classes assigned by the employer. No regular schedule of work hours can be guaranteed to employee. Employee agrees to attend meetings and training workshops scheduled by employer. The purpose of meetings and workshops is to inform employee of matters relating to employee's duties and the institute's operation, or to assist in employee's professional development. No payment in excess of or in addition to employee's monthly salary will be made for attending meetings or workshops scheduled by employer.
4.2 The minimum teaching requirement shall be 120 hours per month. Monday through Friday are teaching days except for scheduled public holidays and vacation days.
4.3 The employer will have the authority to require employee to perform any classroom duties in excess of the minimum teaching requirement (such excess hereinafter called "overtime"), but the employer will not have the authority to require employee to teach more than 130 hours each month, unless employee consents thereto. Only teaching periods in excess of the minimum teaching requirement and approved by the employer are considered overtime. Employee will be paid at the rate of 20,000 Won for each teaching hour of overtime.
4.4 The employer has the authority to assign employee non-teaching hours, within the limits on total work hours set forth herein above.
4.5 At all times during the term of this agreement, employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be, established by employer for the conduct of employee or generally for the conduct of instructors at the place of employment.
4.6 Employee agrees to dress appropriately at all times when teaching or when present on the premises of the place of employment and to follow the advice, directives and policies of employer regarding what constitutes appropriate dress.
4.7 Employee understands and agrees that, at all times during the term of this agreement, employee will strictly adhere to and obey all laws, regulations, provisions, instructions, and guidance from the Government of Korea or any local government or officials thereof.
4.8 Employee agrees to be present at the place of employment at least one hour before the commencement of each day's allocated teaching schedule to allow time for organization of teaching materials and preparation for the day's lessons.
5. Compensation and Other Treatment of Employee
5.1 Transportation: Employer will provide for employee an economy class ticket for passage to Korea from an international airport which is mutually agreed to by employer and employee (henceforth referred to as point of departure). On completion of the full contract period, employer will provide for the employee an economy class ticket for passage from Korea to point of departure. The return air ticket will be provided at the time of termination of employment. In the event that the employee continues employment under a subsequent employment agreement with employer, the return air fare will be provided at the time of completion of the subsequent contract period(s). The employee agrees that airfare provided in advance is a debt to the company, which will be forgiven upon contract completion.
5.2 Orientation and Training: Shortly after arrival in Korea, employee will be required to undertake orientation and training intended to provide employee with the requisite familiarity with institute operation and policies and to ensure that employee possesses adequate knowledge and skills related to duties of employment.
5.3 Salary: Employer will pay employee as compensation for all services rendered a monthly salary of ( 2,100,000 ) Won for each month of the contract period with employer. "Month" and "Monthly" refer to a session (4weeks) of the (school name) calendar. Salary will commence from the first day of teaching. Payment for part of a month of employment will be calculated on the number of days employed. Payment of the aforesaid salaries will be made in Won. Korean income taxes and will be withheld. Monthly salary payments will be made on or before the eighth day of the month following the month during which the employment services were provided.
5.4 Severance Payment: Dependent upon completion of the full contract period, the employee will be given an additional regular monthly salary payment.
Korean severance tax will be withheld. In the event that the employee does not renew or extend employment under a subsequent employment agreement with employer, this payment will be made at the time of completion of the contract period.
5.5 Holidays and Vacation: Employee will be entitled to observe public holidays and receive vacation days during the contract term according to a yearly schedule provided by employer before the commencement of the year to which the schedule refers. There are at least 10 vacation days in each calendar. Salary will be maintained for observed public scheduled vacation days.
5.6 Absence from Duties: Salary is not maintained when employee is absent from teaching duties. In the event that employee is absent from duties for whatever reason, monthly salary will be reduced according to the length of the absence. Reductions will be based on basic salary rate. Transference of teaching duties by employee to persons other than employee is not possible without the permission of employer. There are three sick days per contract period, a doctor�s note should be provided.
5.7 Emergency Leave: Employee will be eligible to receive up to 5 days of paid emergency leave in the event of death or serious illness in employee's immediate family. The immediate family of employee for the purpose of this paragraph will include only parents, grandparents, grandchildren, spouse, children, brothers and sisters. Such emergency leave will be granted at the
sole discretion of employer. The employee will bear the cost of transportation in the event of a need for emergency leave. Payment for emergency leave will only be made in the event that the employee resumes duties with the employer.
5.8 Medical Insurance: Employee will be covered by medical benefits under either of the Korean Medical Insurance Union or private medical insurance system. The costs of this coverage will be borne half by employer and half by employee.
5.9 Housing
5.9.1 Employer will select and provide furnished living accommodation for employee. Furnishings will be provided by employer. The housing will be a private one room studio or a shared 2 or 3 bedroom apartment.
5.10.2 The cost of monthly service, utility, and telephone charges for accommodation
provided by employer will be the responsibility of the employee.
5.10.3 Employee agrees to pay employer a housing management deposit to cover unpaid monthly service, utility, and telephone charges. Such deposit amounting to 600,000 Won and being payable to employer in three equal installments will be deducted from the salary during the first three months of employment with employer. Dependent on a written guarantee from a guarantor acceptable to employer, employer agrees that the deposit will be returned, in full, to the employee at the time of completion of employee's period of employment with employer, including any period of employment beyond that covered by this agreement. In the absence of such written guarantee, employer will hold the full amount of the deposit until all outstanding monthly service, utility, and telephone charges have been paid. In the event that employer makes payments covering
monthly service, utility, and telephone charges on behalf of employee, the amount of such payments will be deducted from the deposit and the remainder of the deposit returned to employee. Employer agrees that payment of remaining amounts of the deposit will be made to employee within ten days after all outstanding monthly service, utility, and telephone charges have been paid.
6. Dismissal or Voluntary Resignation
6.1 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, including neglect of duties. Prior to any such dismissal, employee will be warned of dissatisfaction with performance or conduct and will be afforded an appropriate period in which to remedy the same.
6.2 Employer will have the right to dismiss employee for conduct seriously jeopardizing any student or staff person, or for criminal activity. In such instances, employer has the right under this agreement to execute immediate dismissal and no warning nor time for remedy need be allotted.
6.3 In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term of this agreement, employer will be obligated to pay all salary due to date of termination. Employer will have no duty and will not be obligated to pay the cost of return transportation to point of departure for employee, nor will employer be obligated to pay any severance pay. Further,employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of air fare provided for travel to Korea.
7. Covenants
7.1 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer. Failure to comply with this article is cause for immediate dismissal.
7.2 Employee hereby agrees, covenants, and undertakes that he/she will not disclose teaching materials, syllabus details, or any other information relating to the academic program, whether verbally or in written form, to individuals or corporate entities not employed by employer.
7.3 Unless agreed to in writing, the employee understands and accepts that the rights to use, sale, distribution, or publication of any and all original material produced by the employee during the course of employee's employment, and for which the employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of employer. The use of any material must also have the written permission of the franchise headquarters.
8. Merger Clause : This agreement constitutes the entire understanding between
the parties hereto with respect to the subject matter hereof, and supersedes all previous negotiations, commitments, and writings with respect hereto. No modification of this agreement will be binding or have any legal effect unless set forth in a written agreement amending this agreement and signed by both parties hereto. Furthermore, this contract nullifies and voids any previous
contract between the two parties.
9. Indemnification Clause :Employee will indemnify and hold harmless employer and employer's representatives from any damages which employee may sustain, in any manner, through the misconduct or negligence of employee.
10. Waiver : The failure of either party at any time to enforce the terms, provisions, or conditions of this agreement will not be construed as a waiver of the same or of the right of such party to enforce the same.
11. Governing Language and Jurisdiction : This agreement has been drawn
up and has been executed in the English language; and the English language text of this agreement will govern and prevail over any translation thereof. This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection
with, this agreement. Employer and employee have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, employer and employee have appended their signatures.
Employer Employee
_______________________________ ____________________________
Date Date
_______________________________ ____________________________ |
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