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[breige]

Hi there- could someone please review this one also

many thanks



2011 EMPLOYMENT AGREEMENT FOR INSTRUCTOR

This EMPLOYMENT AGREEMENT has been made the th , , 2011 by and between *** Language Institute; a corporation organized and existing under the laws of the Republic of Korea, and having its principal office at , _Yangsan *** Language Institute, 667-1, Jungbu-dong, Yangsan-si, Kyungnam, Korea ( hereinafter called "Employer") ;
and ___ (hereinafter referred to as "Employee").

W I T N E S S

Each English language instructor recruited and approved by Employer to teach the English language shall be directly employed by Employer under an employment agreement between Employer and Employee. Employee has been selected and approved by Employer to teach the English language, therefore, Employer and Employee, in consideration of the mutual promises and covenants contained herein, agree as follows:

1. EMPLOYMENT OF EMPLOYEE: Employer hereby employs employee to teach the English language in the form and manner and under the terms and conditions set forth here in this agreement. 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. PLACE OF EMPLOYMENT: Employee will be employed to teach the English language at the address of the principal office as above (hereinafter referred to as
"place of employment").

3. TERM OF AGREEMENT AND RENEWAL

3.1 The term of this agreement shall include 12 full and consecutive
teaching sessions and scheduled vacations and holidays which fall between or during teaching sessions. The total agreement term is one year , commencing from the first day of teaching ( ) and finishing on the last teaching day
( )of Employee's last teaching session.


3.2 Periods of employment of Employee beyond that covered by this agreement must be agreed to by Employee and Employer at least one teaching session before the expiration of the term of this agreement.

4. DUTIES OF EMPLOYEE
4.1 During the term of this agreement, Employee will accept, obey,
and comply with the instructions, supervision, training, and discipline of the
Employer and will carry out such assignments as the Employer directs. These
duties will include, but are not limited to; instruction in any and all phases
of the instructional program, administrative duties related to the Employee's
classroom duties, and attendance at scheduled staff meetings and workshops, special events, (Kindergarten graduation, sports day, English concert), either weekdays or on the weekend, and any additional work (for example, one hour of required class preparation per day, school trips etc. ) as assigned by the Academic Supervisor. Employees will not lose overtime pay in the case that weekday morning classes are cancelled due to special weekend events.

4.2 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 him/her by the Employer. Payment made for assigned
teaching periods does not include compensation for preparation and
administrative duties connected with those assigned classes. To meet the basic
teaching requirement of this agreement, the number of teaching classes shall be
less than or equal to 40 classes a week ( 40 min. : kindergarten / 50 min. :
regular class). The number of scheduled teaching days does not include Sundays,
public holidays, scheduled vacation days, or days covered under allowances for
paid sick leave. Usual work days are from Monday to Friday.
No regular schedule of teaching periods can be guaranteed to Employee.

4.3 Employee will be paid at the rate of 20,000 Won for each class taught in overtime. Overtime shall be paid for every class taught over 160 classes a session and classes taught on Saturday.

4.4 The Employer has the authority to assign Employee some non-teaching hours within the limits of total work hours set forth hereinabove. For instance, when employee�s timetable is set for less than 40 classes per week, the employer may assign extra teaching hours to make full 40 classes, however it won�t be considered as overtime pay.

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 will be present at the place of employment and available to
perform regular of special duties as specified hereinabove except for those days
which are Employee's regular or assigned holidays, Employee's vacation
days, Employee's paid sick leave days, other days on which the Employee is too
ill to attend at the place of employment for Employee as provided herein below.

4.7 Employee shall not be permitted to work outside the Institution
without prior written permission from Employer. Teaching for pay without the
sponsorship of the Institute is illegal in Korea and is contrary to this
Employment Agreement ; violation of this rule may lead to immediate dismissal.

5. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE
5.1 Salary: Employer will pay Employee as compensation for all services
rendered the total aggregate salary of ___ 2.1 million won for each session of the contract period with Employer. Computation of the initial pay period will commence from the first day of teaching. If the employee begins teaching during a session, the first paycheck will be calculated based on the working days actually taught up to end of the first session and will be paid on the 10th of the following month. The agreed upon salary in the contract will be applied when the employee teaches one full session. The Grade A earned income tax(27,080won) and
residents� tax(2,700won) will be withheld from employee�s monthly salary . It is the employee�s own responsibility to visit the Regional Tax office for income tax filing at least 15 days before leaving S. Korea. For the ease of the employee, a reference guide will be provided to assist in filing taxes. Session salary payments will be made on or before the 10th day of the month following the session during which the employment services were provided.

5.2 Orientation and Observation: Shortly after arrival in Korea, employee
will be required to undertake orientation and training, and observe classes, intended to provide employee with the requisite familiarity with institute operation and policies and to ensure that employee is possessed of adequate knowledge and skill related to duties of employment. Half of the basic teaching rate per class will be paid for each class observed.

5.3 Holidays and Vacation: Employee will receive 7�10 days scheduled holidays and vacation days. A schedule will be provided by Employer before the commencement of the year to which the schedule refers. Holidays and vacations can only be taken as scheduled, and can�t be taken all at one time.

5.4 Paid Sick Leave : Employee will have paid sick leave (25classes/
1year). Unused sick leave may not be taken as vacation leave. The employee will be paid at the end of the contract term, at the basic teaching rate per class, for all unused sick leave. In the event that employee is absent more than two days consecutively, employee must provide a medical certificate in order to be eligible for paid sick leave. In the absence of a medical certificate, payment for the complete period of absence will be withheld.

5.5 Emergency and Sympathy Leave
Employee will be allowed a 7 day unpaid absence from work in the event that a member of their immediate family dies during their period of employment.

5.6 Airfare : Employee will be given an economy class ticket from the point of hire for passage on a regularly scheduled airline to Korea. In the event Employee completes the full contract period, Employer will purchase for the
Employee an economy class ticket for passage to the original departure point, provided at the time of termination of employment. Employee's ticket back to point of departure is given when employee leaves employment. In the event the employee is traveling or will not return directly to the point of departure, the employee may receive in cash, minus taxes, the amount equal to a return ticket to the original departure point calculated based on a standard economy flight on the day following the last day of teaching. A resigning bonus in place of airfare may be provided for employees who continue employment under a subsequent employment contract. The bonus will depend on the length of extension and the length of time between employment agreements. If Employee were fired or released with his/her voluntary decision before one year contract, employee will be responsible for paying back the flight ticket to Busan, S. Korea as well as his or her own returning ticket back to the point of departure.

5.7 Housing for teachers : A furnished private senior studio apartment will be provided for the teacher�s own private use. The apartment will have a bed, a fan, closet or clothes rack, a desk and chair, blanket and pillow, a refrigerator, a washing machine, a telephone, a stove, a TV, a kitchen and a bathroom. The cost of monthly services, utilities and telephone bills from the housing will be paid by Employees. Minor improvements (replacing light bulbs, batteries) will be the responsibility of the employee while major repairs due to age or normal wear and tear and not due to negligence (washing machine, refrigerators) will be the responsibility of the employer.

5.7 Deposit : 200,000 won per month will be deducted for 3 months (Total 600,000won) to be returned(without interest) at the end of the contract If there are no outstanding bills or damage to apartment. This is required to cover possible default on payments of bills relating to your apartment. The amount is returned in full when you leave employment if you get someone to guarantee payment of your bills. If the Employee voluntarily resigns prior to the termination of the term of this agreement, the Employer will deduct the airfare already provided.

5.8 Severance Payment : If an employee completes at least one full consecutive year of employment, the Employee will be given one more session�s basic salary as a severance pay. Severance tax will be withheld.

5.9 Medical Insurance& National Pension : Medical insurance premium will be borne half by Employer and half by Employee( 4.76% ). Employee will be provided with medical coverage by Korean government.
The National Pension will be borne half by Employer and half by Employee (9%) and it will be based on a session salary. Medical Insurance & National Pension will be deducted from the salary every month.

5.10 Accident Compensation : In the event that Employee sustains injuries from an accident or mishap during the course of normal work duties, or within the premises of place of employment; the Employer agrees to pay all medical and hospital costs which are in excess of those covered by medical insurance. In the event that Employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties; the Employee understands and agrees that Employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.

5.11 Dress Code : 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.
For Men : dress slacks, necktie, button-down shirt, suit, appropriate shoes
For Women : skirt and blouse, dress slacks, dress, suit, appropriate shoes
* Inappropriate Dress : T-shirt, blue jeans, shorts, sneakers

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 given a
warning letter of dissatisfaction with performance or conduct and will be afforded an appropriate period in which to remedy the same. In the event the Employee receives two warning letters this will be grounds for immediate dismissal.

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 case of termination of contract before the completion of this one-year service by the Employee (except for unavoidable reasons such as the Employee's serious illness or accident) the Employee is to return to the institute the cost of the airfare thus incurred. The Employee reserves the right to deduct this
amount from any outstanding pay in order to satisfy this penalty. Aside from
this penalty, the Employer will be obligated to pay all salary due to date of
termination.

7. COVENANTS
7.1 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.

7.2 Employee hereby agrees, covenants, and undertakes that at all times during the term of this agreement or subsequent to the termination of the agreement, the Employee will not use the name of the Employer for business purposes or otherwise, and will not represent or hold himself/herself out as an authorized representative of the Employer.

7.3 Unless otherwise agreed to in writing, the Employee understands and
accepts that the rights to use, sale, distribution, or publication of 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.

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 from any damages that Employee may sustain, in any manner, through the misconduct or negligence of Employee.

10. WAIVER: The failure of either party hereto at any time to enforce the terms,
provisions, or conditions of this agreement will not be construed as a waiver of
the same of the right of such party to enforce the same.

Employer and Employee have executed this agreement on the date indicated below.
Intending to be legally bound hereto, and in witness whereof, Employer and
Employee has appended their signatures.


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[Porksta]

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