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Is this a decent contract?

 
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TallPaul



Joined: 16 Dec 2011

PostPosted: Wed Dec 21, 2011 8:59 pm    Post subject: Is this a decent contract? Reply with quote

I have 8 months teaching experience in China and a bachelor degree in psychology. I also have other work experience.

What do you think? Take the job?

Thanks so much for your help! My first time in Korea.

Oh, and I got a reference from a teacher that is working there now. We spoke on the phone and he is renewing his contract cus he enjoyed his past year. He is a Canadian guy with similar bakground and work experience. He seemed to be happy with the contract, though I'm not sure if our contract is the same...

I've applied to lots and they all seem the same, around 2.1 mill. This school is supposed to be in a great area in Seoul from what the teacher tells me.

So, here is the contract:




EMPLOYMENT AGREEMENT has been made this December 21st 2011
between being represented by established under the laws of South Korea at (hereinafter referred to as the "Employer") and , a citizen of the Australia whose passport number is ___ (hereinafter referred to as the "Teacher") under the terms and conditions set forth below.

Both parties agree on the following terms and conditions:


CLAUSE 1 (APPOINTMENT)
a. The employer agrees to employ the teacher during the period stipulated herein.
b. The teacher agrees to accept the employment and will work in his/her full capacity for the school.


CLAUSE 2 ( EQUAL IDENTITIES & WORKLOAD )
a. The employer and employee are individuals of equal value and respectability coming together respectfully to exchange their services.
b. The service of the employee is to offer certain agreed-upon 110 teaching hours a month in the humane way he/she agreed upon here or hereafter. The employer will return the employee�s energy and efforts with material and service support such as proper housing, salary, etc. as mutually agreed upon here.
c. The said workload is equal to 165 teaching periods per month (one teaching session is equal to 40-minutes).


CLAUSE 3 ( PERIOD OF EMPLOYMENT )
a. The total Agreement term is approximately twelve months, commencing from
February 27th, 2012 to February 26th, 2013 (the last teaching day of the teacher's
twelfth teaching session.).
The term of this Agreement includes an orientation period, twelve consecutive teaching
sessions, and all scheduled vacations and holidays that fall between or during teaching
sessions.
b. The teacher agrees to discontinue his/her residence in Korea under the visa status arranged and sponsored by the employer and leave from the status within five days of termination of this contract.


CLAUSE 4 ( THE TEACHER�S DUTIES )
During the terms of this Agreement, the teacher must cooperate and comply with the instructions and disciplines of the school. Assisting the Supervisor he/she must carry out assignments as directed by the employer. The Supervisor will be responsible for establishing and communicating the Standards of Performance as related to the above mentioned duties.
a. The teacher must have adequately prepared for the class in advance.
b. At all times during the terms of this contract, the male teachers should wear ties and the female teachers will wear dresses or dressy pantsuits in the school unless otherwise instructed.
c. The teacher must be at the school one hour earlier than the first scheduled class in the morning and in the afternoon.
d. In case the teacher is absent from the class, and thus unable to teach the class, even with a sudden notice, the employer will determine the situation and consider it as a sick day or a non-sick day.
e. The teacher�s work will include the followings :

a) Teaching of English language (Target students� ages: 5 to 15)
b) Development of educational programs and materials
c) Curriculum design and implementation
d) Indoors and outdoors classroom activities for/with students
e) Grading and assessment of students
f) Student counseling or evaluation
g) Attending at teacher�s meetings, workshops and parents� meetings
h) Other related activities


CLAUSE 5 ( SALARY AND WAGE)

a. The employer agrees to pay the teacher a monthly salary of 2,100,000 won for 110 teaching hours per month.
b. The payment of the salary is to be made on 10th of the following month.
c. Each teaching hour exceeding the 110 working hours (165classs: 40minutes
a class) is considered as overtime. And the payment for the overtime will be
14,000 won per 40 minute class.
d. Attendance at scheduled staff meetings and workshops should be mandatory and are not accounted for the overtime.




CLAUSE 6 ( WORKING HOURS )
a. During the terms of this Agreement, the teacher should work in proper manner and under good cooperation with the Supervisor from Monday to Friday.
b. The teacher can be requested by the Supervisor to participate in the scheduled staff
meeting and workshop on Saturday.
c. The employer can not guarantee the teacher for such classes of specific times as requested by the teacher.


CLAUSE 7 ( TAX )

Income tax and residence taxes of 3.3% will be deducted off the salary according to the Korean tax law.


CLAUSE 8 ( TRANSPORTATION )

a. The one year contract come with a round trip airfare
b. The employer is to provide the teacher with an economy class ticket and transportation from the teacher�s convenient airport to the teacher�s residence in Korea. After completion of the one-year contract, the teacher will be provided with a return ticket.
c. In case the teacher leaves the school before his/her contract period ends, the school will not pay for his/her return ticket.
d. If the teacher leaves the school before six (6) months period of this contract for his/her own sake, the teacher must reimburse the school the cost of the ticket the school has paid for his/her trip to Korea or the school may deduct the same off the teacher�s last month payment.


CLAUSE 9 ( ORIENTATION PERIOD/ALLOWANCE )

a. Upon arrival in Korea, the teacher may be allowed a few days� lead time for adjustment and preparation for school prior to beginning of his/her regular teaching work.
b. The teacher will be listed on a payroll from the date of his/her arrival except for weekends and national holidays in Korea.
c. During the orientation period the teacher should be insides the school making lesson plans and learning about the school systems. The rate of payment for the orientation period will be 30,000 won per a day and will be paid on 10th of the coming month.
Orientations period is not exceeded 5 days.


CLAUSE 10 ( MEDICAL CHECKUP )
a The teacher is required to have a medical checkup in a Korean hospital in order to
qualify for a foreign registration card. The teacher will be expected to pay for this
employment related medical checkup(about 80,000~150,000 KRW).
The teacher will also be required to submit a written self-medical checkup.
The form for this checkup will be provided.
b In the case that the teacher cannot be hired because of differences between the
written self-medical checkup and the results of the medical checkup in Korea ,
the teacher must leave the country at his/her own expense and reimburse the school
the cost of the ticket that the school has paid for his/her trip to Korea.
Differences found that would disqualify the teacher from employment will include
undocumented drug use, infectious diseases, AIDS, mental disorders, and abnormal
body conditions.


CLAUSE 11 ( MEDICAL INSURANCE )

a. The teacher will be covered by medical insurance under the Korean Medical Insurance Union, a private health organization.
b. The half of the insurance premium will be paid by the Employer and the other half
by the teacher. (For reference, the current public insurance premium rate is almost
3.0 % of a monthly income)


CLAUSE 12 ( NATIONAL PENSION )

a. The teacher must pay National Pension following the National Pensions Act.
b. The half of the National Pension fee will be paid by the Employer and other half
by the teacher. (For reference, the current fee rate for teacher is 4.5 % of
a monthly income.)
c. When the contract runs out, the pension will be full refunded by Koran National
Pension Service following the National Pension Act.
(For reference, your salary is 2.1 million won --- total fee is 9% (189,000won
a month---you should pay 1/2 of total so 94,500won) ---- you will be refunded
total by National Pension Service.


CLAUSE 13 ( VACATION & HOLIDAYS )

The teacher will be allowed for vacation and holidays as specified by the school. There will be 5 vacation days in summer and 5 vacation days around Christmas/New Year).



CLAUSE 14 ( ACCOMMODATIONS )

a. The school will provide the teacher with private furnished accommodations, kitchen,
bathroom , air condition and washer, single housing with single bed. Selection of the apartment will be determined by the employer
b. Furnishings being provided by the employer include: television, refrigerator, washing
machine, bed, two-burner gas hot plate, and telephone, blanket, pillow, etc..
c. The cost of monthly service, utilities, and telephone charges for the accommodations
will be paid by the teacher. (For reference, house expenses is 50,000won a month)
d. For the first six months, the Employer will collect the deposit of 100,000 won each month, in order for the employer to pay off the bills of utilities and telephone charges, which the employer is to receive during the two months after the teacher has left.
e. The deposited money will help pay off the bills and the balance thereof will be transferred to the teacher�s account back home.



CLAUSE 15 (ANNUAL BONUS)

Upon completion of this one year contract, the teacher will receive one month salary of
2,100,000won as a severance payment in accordance with Korean Labor Laws.
This payment will be made at the time of completion of the contract period.




CLAUSE 16 ( DISMISSAL OR VOLUNTARY RESIGNATION )

a. The employer reserves the right to dismiss the teacher from employment for the following causes:
a) Neglect his/her duties stipulated in this agreement
b) Frequent absences from work
c) Has received two warning letters
d) The inability to perform the duties stipulated in this agreement
e) The teacher�s criminal or misconduct

b. The employer agrees to dismiss the teacher from employment giving 20 days� notice. However, in case of the teacher�s criminal or misconduct, he/she is to be dismissed from employment immediately with no warning or notice.
c. In such case as the teacher resigns from employment, he/she can do so giving 40 days notice to the employer.
d. In either case of dismissal or resignation before completing nine (9) months period of this contract term, the teacher must reimburse the employer the ticket cost paid for his/her trip to Korea.
e. The teacher is not allowed to teach a private class outside the school unless otherwise agreed by both parties. If the teacher teaches a private class outside the school without the employer�s permission, it would result in dismissal of the teacher, in which case the school has no obligation to pay the teacher a severance payment and the cost of his/her return ticket.
f. The teacher happen Clause 10 �b problem, the teacher must reimburse the employer the ticket cost paid and the teacher has to leave Korea.


CLAUSE 17 ( GOVERNING LAW & JURISDICTION )

d. This Agreement is governed by the law of the Republic of Korea.
e. This Agreement is made final and firm unless any material modification or amendment to this Agreement is executed with the full knowledge and consent of the undersigned and incorporated into this Agreement.
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