GreenSky BlueGrass
Joined: 20 Jun 2011
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 Posted: Sun Jul 10, 2011 5:06 pm Post subject: 2nd contract |
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Hope I am not pushing it here asking to have another contract reviewed, but I think it would be good to compare these two side by side and see what the differences are.
This one talks a bit about mandatory overtime...but I see from reviewing other contracts that this isn't necessarily a bad thing.
*Also...is it okay to negotiate for a pre-paid plane tix TO Korea??
Thanks ever so much!!!
Article 1 (Purpose)
This contract is made for the purpose of setting forth the terms and conditions of employment for native English teachers who work in Korea.
Article 2 (Status of Employment)
Employee shall be hired pursuant to this Contract as an English Language Instructor (ELI).
Article 3 (Duties)
The ELI shall perform the following duties:
1. Plan and conduct classes in levels assigned by Employer, using textbooks, materials, course curriculum, and other resources approved by Employer;
2. Assist with and participate in activities related to the instructional programs of Employer, including, but not limited to, departmental meetings, general faculty meetings, and special presentations and events;
3. Assist with projects related to the activities concerning international cooperation carried out by Employer;
4. Assist Employer with out-of-classroom activities related to the regular curriculum of Employer, including, but not limited to, field trips and school-wide assemblies, as well as other extracurricular activities;
5. Assist with the development of teaching materials, supplementary materials, tests, evaluations, and other programs related to English language teaching;
6. Assist or conduct teacher training for new ELIs under the direction of Employer;
7. Assist, monitor, and supervise ELIs in their teaching methodology and implementation, and classroom conduct under the direction of Employer;
8. Perform other duties as designated by Employer;
All materials developed by Employee while working for Employer will become the property of Employer, and Employee shall not seek compensation and/or payment beyond what is stated in this Contract.
Article 4 (Supervision)
Employee shall carry out the duties set forth in the foregoing Article 3 pursuant to and under specific instruction and supervision of Employer during the period of employment.
Article 5 (Period of Employment)
The Period of Employment shall commence on August 25, 2011 and end on _August 24, 2012, beginning and ending within the Republic of Korea.
Article 6 (Work Hours)
1. Employee shall work five (5) calendar days per week from Monday to Friday from 09:00 ~ 19:30. Employee shall be asked to work on Saturdays with extra pay to conduct book club which is open from 11:00-14:00. A foreign teacher is expected to be there by taking turns. Employee shall not work on Sundays and any national holidays of the Republic of Korea. Actual class instruction hours of Employee will be 6.7 hours per day and 2.3 hours per day for class material preparation (predetermined by Employer).
2. Employee shall assist and participate in Teacher Workshops. The day(s) of these workshops shall be decided by Employer�s schedule, and these day(s) may fall on the weekend.
3. National holidays will not include any provisional holidays such as cultural, festival, or election days, set up temporarily. Employer shall decide whether to close the school or conduct classes for these days.
4. Employee shall be asked to come to work on weekends for special occasions.
5.
Article 7 (Salary)
1. According to Article 6, Employee shall be paid the total amount of 1.2 million Korean won per month as base pay.
2. According to the pertinent laws of the Republic of Korea, all applicable taxes, including, but not limited to, the Korean income tax and pension contributions, shall be withheld each month from Employee�s salary. Employer is to pay these amounts to the proper government authorities and to provide employee with a monthly receipt evidencing that the government has received these monies.
3. Employee's salary shall be paid on a pro rata basis on the (10) tenth day of each month. If this day falls on a national holiday, Saturday or Sunday, the salary will be paid on the immediately following business day.
4. When Employee has not worked a full month, salary for that month shall be paid on a pro rata basis either from the first day or until the last day of work.
5. If Employee works fully until the end of the Period of Employment, Employer shall pay Employee severance pay, one month salary.
6. Employee shall not claim against Employer any compensation and/or payment other than those provided for in this Contract.
Article 8 (Other Benefits)
Remuneration for the following benefits is a bonus and will not be included in calculation of Employee�s severance pay.
A. Benefit 1 (Degree / Experience)
Employee shall be paid an amount of 400,000 Korean won per month in recognition of the degree held by Employee and/or his/her work experience.
B. Benefit 2 (Preschool / Kindergarten)
Employee shall be paid an amount of 400,000 Korean won per month as compensation for instruction and preparation time in the Preschool/Kindergarten program.
C. Benefit 3 (Welfare)
Employee shall be paid an amount of 400,000 Korean won per month as a Welfare Benefit to assist with Employee�s living expenses and his/her overall well-being.
D. Benefit 4 (Medical Insurance)
Employer shall provide Employee with medical insurance through the National Health Insurance Corporation (NHIC). Employee and Employer will pay fifty (50) percent each of premiums and fees. Employer agrees to provide Employee with a medical insurance card issued to the ELI from the NHIC within 30 days of the contract commencement date.
E. Benefit 5 (Pension)
Employer shall provide Employee with a National Pension Scheme. Employee and Employer shall contribute fifty (50) percent each of premiums and fees.
F. Benefit 7 (Contract Renewal)
Employee shall be given the following renewal benefits on the assumption that he/she continues to work without any discontinuity in employment.
i. Employee shall receive a re-signing bonus of 500,000 Korean won. Employee shall receive this bonus over 12 months� pay.
ii. Employee shall be given a raise of Korean won per month in recognition of Employee�s re-signing of the Employment Contract for an additional year.
Article 9 (Housing)
1. Employer shall provide Employee with single housing selected by Employer, and Employer shall pay full monthly rent and deposit on the housing selected. Housing selected by Employer may include a leased house, studio, or apartment. Housing provided by the Employer shall be furnished, including a bed, washing machine, a landline phone, air-conditioner, refrigerator, stove, chair, table, wardrobe, television, cooking utensils, eating utensils, blanket, pillows, and clean linen.
2. Employee shall take care of the furniture and equipment, and shall be liable for the cost of repairs or replacement to any equipment or furniture damaged as a result of negligence but where used furnishings are provided, Employee shall not be responsible for replacement of said furnishings and equipment due to wear and tear from normal use.
3. Any and all fees, charges, costs, taxes, expenses, etc., incurred in using the housing will be paid by Employee. Employer shall reserve the right to deduct 50,000 Korean won per month as phone deposit. Employer shall reimburse this phone deposit to Employee at the end of the Period of Employment. If Employee chooses not to have a landline telephone, no phone deposit shall be deducted.
4. Employer may provide temporary housing until the appropriate housing for Employee becomes available.
5. If Employer provides housing to Employee, Employer shall provide appliances and furniture, and Employee shall not request or demand any other appliances or furniture than those provided by Employer.
Article 10 (Paid Leave)
1. Employee shall be entitled to a paid leave for a total of two working weeks (to mean 10 working days) during the Period of the Employment set forth in Article 5. Annual leave days shall exclude Saturdays, Sundays, and Korean national holidays. The Employee is entitled to five (5) days of leave in the summer and five (5) days of leave in the winter.
2. Employer shall decide the period of Paid Leave according to Employer�s schedule.
3. Paid Leave is a benefit given to Employee on the assumption Employee fulfills his/her Employment Contract. In the event Employee is unable to fulfill his/her full Contract, Employee shall pay back a portion of Employee�s salary equivalent to the total number of paid leave days used by Employee.
Article 11 (Codes of Conduct)
1. Employee shall not behave in any manner that may damage or tarnish the reputation of the teaching profession. Employee shall comply with and observe any codes of conduct applicable to Korean teachers.
2. Employee shall not receive pay from any other job, including a part time job, outside the duties of Employer, during the Period of Employment set forth under Article 5.
3. Employee shall not be involved in any activities, which may cause harm to the students or be of detriment to the reputation of Employer.
Article 12 (Termination of Agreement)
1. Resignation
If Employee wishes to resign from the Employment and terminate this Contract, he/she must give Employer sixty (60) days prior, written notice of resignation stating a date of and a reason for resignation.
2. Termination by Employer
Employer may terminate this Contract for any one of the following reasons:
A. If Employee violates the laws of the Republic of Korea.
B. If Employee fails to perform or unsatisfactorily performs any of the duties stipulated in this Contract for any reason.
C. If Employee is absent from work for more than one (1) day without Employer�s authorization.
D. If it is determined that Employee is prevented from or incapable of performing his/her duties set forth in Article 3 hereof for a medical reason, whether it is a physical or psychological ailment. (If requested by Employer, Employee must be immediately available for a medical examination.)
Article 12 (Termination of Agreement) continued
In the event that this Contract is terminated pursuant to the foregoing Article 13, Employer shall pay Employee a pro rated, monthly salary based on the number of days actually worked by Employee during his/her last month of employment. The Employee shall immediately refund the airfare loan according to the terms under Article 10-3.
Article 13 (Confidentiality Agreement)
This Contract, and all its contents, is entered into on the basis of a strict, confidential agreement between Employee and Employer. Employee shall not disclose any information, and/or contents of this Contract to any third parties without having received prior approval from Employer. Unauthorized disclosure of this Contract, in whole or in part, whether intentional or unintentional, shall result in immediate termination of Contract. In such a case, it shall be considered a termination of contract on Employee�s part and the terms of Article 13 shall be applied.
Article 14 (Miscellaneous)
Matters not explicitly stated in the Contract shall be determined by Employer by taking Employee's concerns into consideration.
Article 15 (Indemnity)
Employee shall indemnify for and keep Employer harmless from any liability or damages arising from, or in relation to any negligent or illegal activity of Employee, whether intentional or unintentional, during the Period of Employment under this Contract.
Article 16 (Governing Law and Venue)
The terms of this Contract and the rights and obligations of the parties named herein shall be interpreted solely according to the laws of the Republic of Korea. If a dispute or disagreement arises in connection with this Contract, the parties shall first try to resolve it in good faith. However, if the parties fail to resolve such disputes to their mutual satisfaction, their disputes shall be resolved by arbitration in Seoul, Republic of Korea, according to Commercial Arbitration Rules of the Korean Commercial Arbitration Board.
Article 17 (Signature)
In witness whereof, the parties hereto sign Contract in duplicate on the date entered below with each party retaining one copy.
Dated: , ,
Employer's Signature___________________________________
Name : ____________________________
Position : Director of _________________
Dated: , ,
Employee's Signature
_________________________________
Please sign as same as shown on your passport.
Name : __________________
Passport number : __________________
Permanent Address : _________________________________
________________________________
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