bmfiore
Joined: 10 Aug 2011
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Posted: Sat Aug 20, 2011 1:07 pm Post subject: Please help with contract! |
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The following terms in this contract are an Employment Agreement between the Employer ______, the native teacher and Employee _______) .
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The Employer hereby agrees to employ the Teacher to teach ESL classes under the terms and conditions set forth here in this Agreement.
The Teacher hereby accepts employment from the Employer as a valid graduate of an English speaking university to teach ESL under the terms and conditions set forth here in this Agreement.
1. Period of Employment(고용기간)
will employ the native teacher for the following period. From 2011 . 10 . . Until 2012 . 10 . .
2. Schedule (근무시간)
A. Working hours are as follows: Mon to Fri from ( Five days a week), Eight hours per day ( 09:00 am. to 06:00 pm. one hour unpaid lunch break included) and shall not work Saturday, Sundays and any National Holidays of the Republic of Korea.
3. Pay(임금)
A. The school will pay a monthly salary of 2,300,000 Korean won to the teacher. The Employee�s salary will be paid on 2nd of the each month.
B. Income tax and retirement tax will be deducted from the salary according to the Korean tax law.
C. Over time rate for each hour (60 min) will be 20,000 won the duration of the contract.
D. On completion of a 12 month contract, the employee will receive the amount of one-month�s salary extra as retirement pay.
4. Airfare(항공료)
A. The school agrees to provide the teacher a round trip ticket. (When the teacher comes from abroad, go to abroad.)
B. For a local hire (within Korea), the school will provide the cost for a visa run to another country for the teacher to obtain a proper working visa.
Also, if the teacher completes a one-year contract, the employer will provide return ticket from Seoul to the teacher�s home country.
C. However, in the event the teacher fails to complete the full contract term, he or she will reimburse the school the total cost of the said airfare.
5. Insurance(보험)
A. Medical Insurance Plan from an insurance company or Korean Government will be offered to the teacher. The school will pay 50% of the monthly premium and the teacher will pay for the other 50%.
B. The teacher�s portion of the monthly premium will be deducted from the salary. Pre-existing conditions are not included.
6. PENSION (연금)
The teacher will be covered by the national pension system. The school agrees to pay fifty (50%) percent of the monthly premium, the teacher is responsible for the other fifty (50%) percent. The teacher's portion of the monthly premium will be deducted from the teacher�s salary each month. The employee will be responsible in contacting the Pension Bureau for the reimbursement, if needed; the employer will assist you in getting the reimbursement at the end of your contract.
7. Accommodation(숙박설비)
A. The teacher can choose to have a furnished non-shared one-room studio apartment within walking distance or a 5-10 min bus ride, provided by the school or receive a housing subsidy of 320,000 Korean won.
B. The school is responsible for housing rent and the teacher is responsible for the payment of utility bills.
C. The school will provide the following furnishings: a bed, bedding, table and chairs, a closet, a gas range, a refrigerator, a washing machine, cutlery, plates and dishes and a TV set. The teacher shall not request or demand any other appliances or furniture than those provided by the school (maintenance, electricity, hydro, cable TV, telephone bills are not included in an accommodation).
8. Instructor's duties(강사의무)
A. The teacher shall not behave in any manner, which may damage or tarnish the reputation of the teaching profession. The teacher shall comply with and observe any codes of conduct applicable to Korean teachers.
B. The teacher shall teach only at the above specified school, unless otherwise agreed upon by the teacher and employer.
C. The teacher shall not be involved in any activities, which may cause harm to the students or be of detriment to the reputation of the school.
D. At no times should the teacher display any misconduct towards the students.
E. The teacher has the duty to do his/ her job faithfully.
F. The teacher must not violate the student�s human rights during the class with abusive language or physical punishment.
G. The teacher should stay in the school while in working hours (the teacher shouldn�t be at his/ or her accommodation if the accommodation is in the same building of the school).
H. The smoking is not permitted in the school building (also in accommodation if the accommodation is in the school building)
I. It is strongly required to attend all the regular staff meetings as well as hand in class lesson plans on time.
J. If the teacher does not obey the above these rules, the employer can first warn the teacher with a verbal notice. If another violation occurs, then a second written notice of warning will be issued. However if the teacher continues to repeat these kind of acts, the employer can discharge the teacher.
9. Holidays and annual leave notification procedures(휴일과 연중휴가)
A. On all Korean National Holidays the teacher will be off-duty with pay.
B. Annual vacation: Vacation leave shall be taken 5 days of Summer vacation and 5 days of Winter vacation based on the yearly schedule coordinated and confirmed by the employer.
C. Sick leave: The teacher is permitted up to 3 days of paid sick leave per year. Unused sick leave may not be taken as annual leave. In order to be eligible for paid sick leave, when the teacher is unable to attend class due to illness, he or she shall make all efforts to notify the school with an accompanying proof of illness from a physician prior to the commencement of the class. If the teacher fails to notify the school properly of illness, the school will deduct one day's pay for every day the employee is absent from work.
10. Release from contract(계약해지)
Both parties have the right to make the contract null and void due to one or more of the following circumstances:
A. The health of the teacher is such that it is deemed impossible for him or her to continue work.
B. Blatant misconduct by the teacher either professionally or otherwise.
C. If the teacher/ school submits an advanced written notice of one month (30days).
D. The teacher or his or her dependants violate Korean law.
E. In the event of war, civil strife, or other disturbances or matters that are deemed by either the teacher's government or Korean government as being unusual and of adequate reason for leaving the country, provided that official document from respective embassies are presented.
F. If Employee fails to perform or unsatisfactorily performs any of the duties stipulated in this contract.
G. If Employee fails to perform continuously his/ her duties for more than a week without any excuse.
H. If any of the information provided in Employee�s application is neither true nor accurate.
I. If the sick leave used by Employee exceeds fifteen days.
J. If the school fails to pay the teacher within one week after the pay
date.
11. Notification Requirement(통지요구)
A. The school or the teacher may annul the contract by giving a minimum of one-month (30days), advance notice in writing.
B. If the school seeks annulment, reasonable and adequate grounds must be provided in order for the contract to be dissolved.
C. Reasonable and adequate grounds for annulment include but not limited to, persistent blatant and gross misconduct, conducting classes under the influence of intoxicants (including alcohol), continual absence and/ or tardiness for classes.
D. If the teacher desires arbitration, a mutually agreed upon third party must be provided to settle the matter.
E. The teacher may seek annulment if the school fails to abide any contract terms that are stated in the contract.
11. Legal action(소송절차)
A. If there is a dispute between the parties involved in this contract, parties agree to the final judgment of a Korean Civil Court, or Korean civil law, whatever the final decision may be. If at anytime the teacher leaves the school without giving prior notice and without going through the appropriate procedures, the school has the right to pursue legal actions, for damages and attorney�s fees against the Employee. If the Employee has left Korea altogether, the school has the right to pursue legal actions outside of Korea.
B. The Governing language of the Contract shall be English. The Korean translation of this Contract is made for the purpose of convenience.
C. The employer certifies that this English language version is a direct and faithful translation of the Korean language version.
Any changes made to this will be agreed to by both employer and employee.
Date : 2011 . . Date: 2011 . . .
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School�s Name : Teacher�s Name: :
Principal�s Name : Teacher�s Passport Number:
Principal�s Signature: Teacher�s Signature : |
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