ddwright77
Joined: 08 Oct 2012
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 Posted: Thu Nov 15, 2012 9:01 am Post subject: Contract Review. Would appreciate all the help! |
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[b]
Hello! This is my first teaching position in South Korea, and the first contract I have received. I would love everyone's help! Position Geoje Island, with Kid's College[/b]
KID�S COLLEGE
Employment Agreement
1. INTRODUCTION:
This Agreement is made between , herein referred to as "Employee," and KID�S COLLEGE Geo-Je , herein referred to as "Employer,� whose principle place of business is located at, 1166-14 Obi-lee Yuncho myun, Geo-Je si, Kyung-nam, South Korea.
Employer:__Lee, Jae Lim_ KID�S COLLEGE Geo-Je
Employee Name:
Date of Birth:
Nationality:
Address: ______________________________________
_______________________________________________
Telephone #: _______________________________________________
E-mail address: _______________________________________________
Passport #: _______________________________________________
Position: English Conversation Teacher (or Instructor)
Period of Employment: One year
(Upon mutual agreement may be extended to 2 years)
From: March 1st, 2012 to February 28th , 2013
� In consideration of the mutual promises and agreement herein contained, KID�S COLLEGE Geo-Je (hereafter referred to as the �Employer�) employs ______________________________ (hereafter referred to as the �Employee�). The Employee agrees to work for the Employer under the following terms hereby agreed to by both parties.
� The services to be performed, by the Employee will be that of a conversational English Language Teacher (or Instructor).
� The Employee will commence his/her employment on_ 3/1/2013 . The employment will continue to _ 2/28/2014 unless terminated sooner as provided herein, and for such further period as provided for herein, subject to the following conditions.
� If as a result of wilful and wanton negligence, gross negligence or intoxication, the Employee damages facilities, materials or other property belonging to the Employer; or causes damage to the institute and/or the image of the Employer and school, the Employee will assume pecuniary liability in accordance with Korean Law. Furthermore, if the Employee violates any of the covenants of this agreement, the Employer has the right to terminate this agreement at the time of the violation without further compensation or responsibility to the Employee.
� If the Employee seeks release from this contract, he/she must do so in writing at least ninety (90) days prior to the date of termination. Extenuating circumstances, which might require termination of employment without prior notice, will be handled on a case-by-case basis.
� In the event of the death or total incapacity for business of either party hereto, or upon the Employer ceasing to carry on said business, or becoming bankrupt, this contract will terminate. In case of the sickness of the Employee or other reasons causing him/her from attending to his/her duties for 10 consecutive workdays (without valid proof), the Employer may terminate this agreement.
� The Employer may terminate this agreement at any time because of the Employer's dissatisfaction over, violation of instructions or rules of the Institute, or failure of Employee to comply with any one of the conditions contained herein.
� The Employer may terminate this agreement if the services rendered by Employee are not satisfactory to the Employer, and the Employer will be the sole judge of such satisfaction. Services considered include, though are not limited to, adequate class preparation, the effective presentation of class lessons and the ability to work professionally with other staff members and supervisors.
IV. The Employer agrees:
� Compensation will be paid monthly by the Employer. Any errors in compensation must be reported by written notice within one week of receipt of compensation.
� Employees will be paid 2,200,000 won per month for Teaching schedule A.
� Kindergarten: classes happen on Mon through Fri, between 9:30 am and 2:30 pm.
� Elementary : classes are held on From Mon to Fri, between 2:40 pm and 6:00 pm.
� Kindergarten II: classes are held on From Mon to Fri, between 2:40 pm and 6:00 pm.
� Empty class on From Mon to Fri between 9:00 am and 6:30 pm. (homework check or examination paper preparation, and prepare the materials for tomorrow�s classes.)
� The duration of a class is 40 or 50 minutes with kindergarten and elementary. There is a 10 or 5-minutes break between each class. Lunch break runs from 11:50 to 12:50 pm. Teachers are not paid for this time.
� Notwithstanding section B & C, if the Employee misses his/her work, then a deduction will be made to the salary corresponding to the time the Employee has missed.
� The employee will have pay his or her Income Tax, and half of their medical insurance and pension.
� The Employer will assign classes based on teacher performance, professionalism and attendance record. The assignment of classes and substitute teaching assignments is the sole prerogative of the Employer and is necessary to the effective operation of the institute. Acceptance of these assignments by the Employee is mandatory.
� For summer camp and winter camp: Not all teachers will attend summer or winter camp. The Employer will select those teachers required to attend.
� In the event that a summer or winter camp is not conducted, an overnight party (or after hour party) will be scheduled in its place. The Employer will select those teachers required to attend.
� The employer agrees to provide airfare from and to employee�s home country. Airfare from home country will be purchased by the employer. Return airfare will be provided upon successful completion of a one year contract.
� Upon the successful completion of a one-year contract, the Employee will receive severance pay. Severance pay will be equal to an average of the last three months� salary. (However, 3.3% of Korean taxes will be deducted)
� After 30 to 45 days in Korea, the Employer agrees to provide the Employee with medical insurance. This delay is caused by the processing time involved in obtaining Korean medical insurance. The Employee will be responsible for the cost of his or her own medical treatment until insurance is issued. The employer is required to subscribe to the Medical Insurance/Pension plan. Medical Insurance/Pension is split 50/50 by the employee and employer. Dental and eye care coverage is not included. Furthermore, life insurance coverage is not included. Taxes will be deducted from the employer�s income in accordance to Korea law. Monthly pay is taxed, and the taxes will be deducted as income tax and residence tax on a Monthly basis.
� The Employer agrees to provide three sick-leave days to Employees each year. On the first three days on which an Employee misses work he or she will be paid in full for that day, with the following conditions. The Employee must notify his or her supervisor either the night before the absence, or as early as possible on the morning of the absence. The Employee must also present a doctor's note to his or her supervisor on the day on which he or she returns to work. Unused sick days may not be used as vacation days. Should the Employee be absent for five consecutive days without a valid reason, his or her contract may be terminated.
� Employees, on occasion, request an emergency leave in order to attend to urgent matters in their home country. Since there are no substitute teachers available, the extended absence of Employees creates a serious problem for this institute. Additionally, when requests for leaves coincide with holidays observed by the Employer, such as Christmas, the potential for abuse, in order to extend existing vacation days, compounds the seriousness of the situation. Therefore, any Employee requesting a leave of absence during his or her contract will be subject to a 30 percent deduction from his/her severance pay. Should a leave request coincide with a holiday on which KID�S COLLEGE does not hold classes, the percentage of this deduction will be raised to 50 percent.
� The Employer will provide housing for all Employees. (See attached housing contract) If, at the time the Employee is hired by the Employer, all company apartments are occupied the Employee may either ask the Employer to provide an apartment or the Employee may arrange his or her own housing. Employees who choose to provide their own accommodations will be given a 300,000 won monthly housing allowance. If, at the time the Employee is hired by the Employer, company housing is available, the Employee is required to live in the company�s apartment.
� If Employees wish to take advantage of the housing provided by the Employer, the housing contract must be signed before arrival in Korea. Employees who initially choose to provide their own housing and later elect to take advantage of company housing will be accommodated only as housing becomes available.
� Whenever possible, Employees be provided with an orientation period. This is generally the Employee�s first working day, on which the Employee meets with experienced Employees, observes classes and becomes familiar with KID�S COLLEGE Geo-Je teaching techniques and activities. On this day, or for the period designated by the Employer as the training period, during which time the Employee will not be asked to conduct classes, the Employee will not be paid for the period of training.
� Vacation:
� Summer Vacation : 5 days
� Winter Vacation :. 5 days
� Make up class : Summer �2 Saturdays / Winter �2 Saturdays (10:00~14:30 (It is tentative subject to various matters.))
V. The Employee agrees:
� To teach any group assigned by the Employer and to participate in special activities (such as summer & winter camps or field trips and/or an overnight party) as required by the Employer.
� To prepare for his/her classes on his/her own time. Class preparation must include researching and producing teaching materials, on time submission of lesson plans, tracking reports, progress reports and semi-annual teaching method reports. Failure to submit these items on 3 occasions will be subject to a 30 percent deduction from the Employee's severance pay. Three late submissions of any of these items will count as 1 non-submission.
� To, at all times, follow the rules and regulations set by the Employer and the Institute director. To follow class schedules and activity schedules, to not dismiss classes, cancel classes or begin classes late without the express consent of senior management. To submit all progress reports, tracking reports, lesson plans, or other requested work on time. Employees, who routinely fail to observe the rules of the institute will be verbally notified by the vice-principal, continued non-compliance will result in a warning letter. Three warning letters in the period of one year will result in suspension without pay, a reduction of teaching hours or termination.
� To have the accompanying statement of general physical health completed by a physician certifying that the Employee is free of contagious diseases and may safely participate in activities such as leading outdoor games and exercises.
� To use the teaching materials supplied and recommended by the Employer. The Employee is encouraged to supplement these materials with other materials, but must obtain prior approval from the Employer. All books, tools, craft supplies or other materials issued by the Employer remain the property of the Employer and any must be returned to KID�S COLLEGE Geo-Je when no longer required to conduct class.
� To perform his/her duties in a professional manner and refrain from conduct which could damage the reputation of the Institute, including, but not limited to: conducting class while smoking or under the influence of alcohol or illegal drugs: making sexual advances towards or entering into sexual relationship with students or employees of the Institute; conducting any business or accepting any funds without the express written consent of the Institute; and borrowing or lending of funds or selling items to students.
� To reimburse the full cost of the plane ticket to Korea to the Employer, if the Employee terminates his/her contract within 6 months of commencing date of his/her contract.
� To reimburse half of the cost of the plane ticket to home country to the Employer, if the Employee terminates his/her contract after 6 months but within 12 months of commencing date of his/her contract.
� To reimburse any recruiting fees paid by employer to obtain employee to the Employer if contract is terminated within 90 days of termination notice.
� Private teaching outside of KID�S COLLEGE Geo-Je is prohibited without the written approval from the Employer. If the Employee desires additional employment, such interest must be expressed in writing to Employer. Upon receipt of such request, the Employer may, at its sole discretion, allow additional employment. Any and all exceptions to this provision must be made by written consent of the Employer.
� Extremely short or revealing attire is prohibited. The dress code at Geo-je Kids College is business casual. Employees are required to dress formally for special events such as Graduation, Entrance Ceremonies, and parent-teacher�s meeting. Male Employees will wear a dress shirt, tie and slacks. Female Employees will wear a dress, a skirt or slacks and an appropriate top.
� If the Employee wishes to drive in Korea, an international driver's license is required. The Employee will take full responsibility for any cost of acquiring a vehicle, the maintenance of such vehicle, any insurance/fees of such vehicle, and will hold the Employer free from any harm and/or responsibility of and from such vehicle.
� The Employee accepts liability for any damages that arise from the conduct of Employee.
� The Employee will not at any time or in any manner, either directly of indirectly, divulge or disclose to any person, firm or corporation in any manner whatsoever any information concerning any matters affecting or relating to the business of the Employer, including without limiting the generality of the foregoing, any of its customers, the prices it obtains or has obtained from the sale of, or at which it sells or has sold, its products or services, or any other information concerning the business of the Employer, its manner of operation, its plans, processes, or other data without regard to whether all of the foregoing matters will be deemed confidential, material, or important, the parties hereto stipulating that as between them, the same are important, material, and confidential and gravely affect the effective and successful conduct of the business of the Employer, and the Employer's good will and that any breach of the terms of this paragraph will be a material breach of this Agreement.
VI. It is further agreed between the parties that:
� The services to be rendered by the Institute are of a unique and original character entitling the Institute to acknowledgement of this contract by injunction or other relief in a court of equity.
� No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained will be valid unless in writing and duly executed by the party to be charged therewith and no evidence of any proceeding, arbitration, or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this Section may not be waived except as herein set forth.
� Both parties have read the above conditions and agree to the terms contained herein in good faith.
The Employee
Signed on ------------------2012 .
Signature
Teacher (or Instructor) of KID�S COLLEGE __ GEO-JE __
The Employer Lee Jae Lim
Signed on __________ 2012.
Signature Lee Jae Lim
Principal of KID�S COLLEGE GEO-JE
HOUSING CONTRACT
This agreement between KID�S COLLEGE and _______________________________ is concerned with housing for teachers employed by KID�S COLLEGE. KID�S COLLEGE does not require that its teachers live in this housing. Teachers who choose to provide their own accommodations will be given a 400,000 won monthly housing allowance. The employer will deduct 200,000won from each of the employee�s first three months of pay to make a total of 600,000won as a housing management deposit. This deposit is to cover any unpaid monthly service or utility bills in the event the employee fails to pay for any service or goods which she/he used throughout the contract. The employer will hold the full amount of the deposit until all payable bills are checked to have been paid. A 50,000 won deduction will be made should the apartment need additional cleaning.
The apartment will be single for one Employee. The apartment must be kept clean and the appliances maintained in good working order. Employees should report malfunctioning appliances or apartment damage to their supervisor as soon as possible. The apartment will be furnished with following: bed, cooking stove, refrigerator, hot & cold running water for bathing, a western style toilet, television, and washing machine. Meals, utilities, housing maintenance fee, telephone and incidental expenses are the sole responsibility of the Employee. The Employee will be responsible for costs resulting from willful damage or neglect of said furniture and appliances as provided by Employer.
If, for any reason, the Employee ceases to be employed by KID�S COLLEGE, the Employee will be given 24 hours in which to vacate the apartment. The Employee must set up an appointment with the manager of teachers to inspect the apartment prior to moving out, in order to establish the condition of the apartment. The information from this inspection will be used when calculating the amount of the housing deposit to be returned to the teacher. If the apartment requires cleaning or repair, these costs will be deducted from the teacher's deposit.
The procedure for returning the deposit to the teacher at the end of his or her housing contract will be as follows:
If there is no damage to the apartment or its appliances, (as determined by the exit inspection) this amount will be held for payment of bills, the balance of the deposit will be returned to the teacher with his or her final paycheque. After all of the bills for the apartment have been received any remaining money will be returned to the Employee in two days after the termination of the contract.
Barring changes in the employment status of the teacher, this contract confirms that housing will be provided from ____________________ to ____________________
Signature (Employee) ___________________________________Date ____________2012.
Signature (Employer) __ Date 2012.
E-2 Applicant�s Health Statement
This form is to check the E-2 Visa Applicant�s Health. Please fill in the blanks accurately and truthfully. Please keep in mind that if you fill in the blanks with incorrect information, you would face disadvantages such as visa disapproval, cancellation of stay permit, deportation, etc.
1) NAME IN FULL (As in Passport) 2) DATE OF BIRTH
3) NATIONALITY 4) SEX 5) PASSPORT NUMBER
6) Have you ever caught infectious diseases that threaten Public Health before?
Yes (Infectious Disease name: ), No
7) Have you ever taken any Narcotic (Drug) OR Have you ever been addicted to alcohol?
Yes (Narcotic name: ), No
 Have you ever received treatment for Mental / Neurotic / Emotional Disorder?
Yes (Disorder name: ), No
9) Are OR were you HIV (AIDS) positive?
Yes No
10) Have you had any serious diseases OR Injuries for the last 5 years?
Yes (Name & recent situation: ), No
NOTICE
You MUST make Alien Registration at your District Immigration Office (OR Branch Office) within 90 days after your arrival in Korea. And, when you register, you MUST submit you Health Certificate obtained from the hospital which has been designated by the Korean Government.
Date: ___________________________
Applicant�s Signature: _______________________________[b]H[/b] |
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