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[natashagwitt]

Is this pretty standard for a private school in S. Korea?

Employment Agreement

This Employment Agreement (“Agreement”) is entered into as of _______2nd ,2014 between owner, Seon yong Lee (the “Company”) and ___________ (the “Employee”).
WHEREAS the Company has offered the Employee the position of Teacher upon and subject to the terms and conditions hereinafter contained;
NOW THEREFORE in consideration of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
Employment. The Company shall employ the Employee as a teacher and the Employee shall serve in that capacity, on the terms and conditions in this Agreement.

Term. The Employee’s employment under this Agreement shall be for a fixed term of twelve (12) months commencing on _______ Aug, 2014 and terminating automatically on ________ Aug, 2015 or such earlier date if terminated in accordance with the provisions hereof.

Description of Duties: The Employee shall perform the duties associated with the position of teacher for the Company. The Employee’s general duties shall include, but shall not be limited to the following and such other duties as may be assigned to the employee from time to time by the Company:

Perform 40 hours of work per week. In class teaching will be a maximum of 30 hours per week and 10 hours per week will be dedicated to lesson preparation time, level testing and other teaching related work. If an Employee teaches less than 30 hours per week, the additional time shall be dedicated to teaching related work. The Employee is expected to be present at the School when undertaking teaching related work. The work week consists of 5 consecutive days per week with no regularly scheduled teaching on Sundays.
Perform level testing during designated times monthly as needed. Level testing is teaching related work and may be scheduled outside the regular working schedule.

Be aware of and follow Company guidelines for the implementation and execution of English Immersion Kindergarten/English language instruction in a school and classroom environment, including, without limitation:
Lesson preparation and record keeping;
Preparation of student progress reports and evaluations;
Correction and grading of student work;
Communication with parents in keeping with school policy;
Attendance at staff meetings;
Participation in regularly scheduled teacher training workshops, including four full day Professional Development sessions that will take place during the period of the contract;
Supervision of students while they are in the school and during their arrival and departure;
Direction to and collaboration with teacher assistants for programming, supervision, and communication;
Teaching material preparation and maintenance; and
Other professional duties as may be assigned by the Director.
To participate in special school events such as Sports Day, trips to other cities, etc. 2 times per year on either one of the week days or weekends
To join in Teacher Training Program or Seminar about teaching (2 times on either one of the week days or weekends)

Be aware of and follow all Company administrative practices and procedures as are from time to time made known to the Employee. The Employee shall perform the specific duties as outlined in the current job description, a copy of which is attached and forms part of this Agreement.

Internship : The employee will have 3 months internship period. In this period if the employee’s working performance is not improved and suitable for the institute(even with several times(at least 3 times warnings) The institute has the right to release the employee (in this internship period the payment is the same amount of salary and in this case the employee can get the release letter upon agreement) If the employee doesn’t comply with the contract term he/she signs. Or doesn’t commit to the school’s policy after receiving 3 times notices the school’s has the right to send the teacher to other schools with the release letter during the 1 year.
Standards of Performance: The Employee shall conduct himself at all times in a professional, competent and respectful manner while in class, on campus and while living in Korea. This standard shall include, but shall not be limited to the following:

The execution of all duties in a complete and comprehensive manner in accordance with standard educational institution methods and practices.
At all times adopt proper and culturally acceptable attire in front of students, at school.
Refrain from using abusive or profane language, or from referring to any subject considered culturally sensitive, or in front of, students or parents and in public.
Treat all members of Company staff with respect.
Strictly observe and comply with all local laws, ordinances, customs, traditions and culturally accepted practices.
Comply with all Company policies, procedures and directions. The Employee shall be evaluated three times during the contract term by either the Director or designate who shall provide a written evaluation to the Employee. The first observation/evaluation will occur within the first month of teaching.

Compensation and Benefits. During the term of this Agreement, the Employee shall receive the following compensation and benefits:

Base Salary: The Employee shall receive a base salary of 2.1 million Korean won per month effective the commencement of teaching classes. Payment shall be made on a monthly basis, from which any taxes and other fees required to be withheld under Korean laws and regulations will be deducted by the Company.
Initial Training Salary: The Employee will undertake up to five days training upon arrival and such training will be paid at a rate of 30 000 won per day.
Level testing hours exceeding the 40 hours of teaching and teaching related work will be paid 15,000 won per hour.
Teaching hours exceeding the 30 maximum hours will be paid an overtime rate of 25,000 won per hour.
Severance Payment: Upon successful completion of the contract, the Employee shall receive severance pay equivalent to one month’s salary, less taxes. The severance pay shall be paid out after the day the contract ends in one month. If the Employee’s employment is terminated prior to completion of the contract for any reason, whether voluntarily or involuntarily, or if the employee resigns prior to completion of the contract for any reason or otherwise fails to complete the assignment hereunder, the Employee shall receive no Contract Completion Severance payment whatsoever. In the case where a change in the terms of contract have been made by mutual agreement between the Employee and the Employer a pro-rated severance payment or some other mutually agreed upon compensation will be paid.
Compensation under this Agreement shall commence upon the Employee’s beginning to provide services to the Employer in Korea under this Agreement irrespective of any other date or time referred to in this Agreement.
Airfare : The Company shall provide a one way economy air ticket from the airport which is the closest to the Employee’s hometown to Seoul, South Korea contingent upon successful acquisition of the E-2 visa. (* The employee books the ticket upfront and gets reimbursed the ticket cost with the receipt through the payment bank account to keep the record/A half of the flight ticket cost will be reimbursed with the first payment. The rest of it will be reimbursed after 1year completion of this contract) If the Employee leaves the school prior to completing 1 year of this contract for any reason, the teacher shall reimburse the school the cost of the ticket to Korea or the school may deduct the equivalent amount from the teacher’s last month’s pay.
Housing: The Employee shall be provided with a partly furnished studio-type apartment to be used by the Employee and his/her spouse.(In condition of supporting 150,000 won housing allowance from the spouse’s company(school)). The Company will withhold 300,000 won as a security deposit, collected over the first three months in equal installments of 100,000 won, and return it upon completion of the contract less the cost of any damage to the apartment or furniture or unpaid utilities. The Company will pay the monthly rent while the Employee will be responsible for paying monthly maintenance fees, utilities, phone bills, and any other fees incurred while occupying the apartment.

Vacation: The Company agrees to offer the Employee two weeks vacation pay. Two weeks of vacation leave are to be taken during the time when the school is closed. The Employee will also receive all National Korean Holidays. (But in some cases * The Instructor may be required to teach classes on at least one of 2~3 times on national holidays or regular vacation weeks of the year. should the schedule designated by the Owner call for such classes to be taught on the part of the Instructor)
Health Coverage: The Employee will be provided with a health care insurance plan that will be cost shared with the employer.
Sick Leaves: The Employee will be provided with a maximum of 2 paid sick days during the term of this Agreement. To qualify for the paid sick-days, the Employee must submit satisfactory documentation from a qualified physician to the Director confirming that the Employee was ill and unable to perform his/her duties under this Agreement on the day or days in question.
Working Visa: The Employer shall provide the Employee with all necessary entry permits and visas for residency and employment in Korea during the term of this Agreement. Should the Employee terminate the Agreement with the Company before the end date, he/she will reimburse the company the cost incurred in obtaining the working visa. The Employee shall be responsible for all other costs related to obtaining the Visa.

Rights Upon Termination
The Company may terminate the Employee’s employment under this Agreement summarily, at any time, for just cause at law. In the event that the Employee’s employment is terminated for just cause, the Employee shall be entitled to no further compensation, benefits, expenses and costs, or severance pay of any kind under this Agreement, any statute or at common law. For the purpose of this Agreement, “for just cause” includes, but is not limited to, the failure of the Employee to fulfill Employee’s duties to the Company satisfaction, Employee’s failure to comply with local laws and ordinances, Employee’s failure to follow the Company’s policies and procedures and/or directions from administration, or if Employee’s conduct or behavior adversely affects the image of the Company or places the Company in danger of incurring of any financial losses, the Company has the right to terminate the Agreement immediately with no benefits owing to the Employee.
The Employee will be given a written admonishment by the Company for unsatisfactory work or performance or unprofessional conduct.
If the Employee fails to make necessary corrections or changes within 14 days of the admonishment, then he/she will be given a notice of dismissal. The salary for the month in which the final notice was given will be calculated retroactively based on the hours worked for the said month.
In accepting this as a term of employment, the Employee acknowledges that this Agreement and his employment is for a fixed term and that he has been given notice of its expiry, effective as of the date of this Agreement.
If the Employee elects to terminate this Agreement at any time, in all circumstances he/she shall provide two months (2) notice in writing of such intention to the Company. This is so that Company can find a proper replacement for the Employee as to not cancel any classes. Should the Employee fail to provide the Company with at least two months (2) notice, the Employee will be held liable for any monetary damage caused as a result of his/her departure.
In accepting this as a term of employment, the Employee acknowledges that this Agreement and his employment is for a fixed term and that he has been given notice of its expiry, effective as of the date of this Agreement.
If the employee leaves not finishing 1 year contract because of the employee’s faults
and personal reasons the employee has to refund the flight ticket(or Japan trip cost) which is provided for coming and the recruiting commission including the extra expenditure(visa processing fee) for inviting the employee.(About recruiting commission/this will cost about 1,000,000 Korean won(+ visa process fee /visa process refunding cost is different depending on the situation) will be deducted from the salary for the next teacher).
(In this case the 2 weeks payment which is held from the first payment and 600,000 deposit will be covered for this new replacement teacher's commission and the flight ticket provided when the teacher arrives to Korea. the shortage of the total amount of this cost(1.0M + flight ticket+ unpaid bills) will be deducted from the employee's last salary)
Falsification of Documentation: Any falsification, misrepresentation or concealment of documents, records or facts considered to be relevant to Employee’s selection or subsequent employment will be just cause and grounds for immediate dismissal.

Confidentiality:
As used in the Agreement, “Confidential Information” shall mean all information, and all documents and other tangible things which record it, relating to or used in the business of the Company, whether or not a “trade secret” within the meaning of applicable law, which at the time or times concerned is not generally known to competitors and which has been or is disclosed to or developed by the Employee as a result of employment with the Company.
Confidential Information includes, but is not limited to, the following types of information about the Company: (i) product development and marketing programs and strategies; (ii) manufacturing processes and technology; (iii) unpublished drawing, manuals, know-how and research in progress; (iv) finances, commission systems and pricing programs; (v) the identity, needs, purchase and payment patterns of, and special credit terms, pricing and special relations with, customers; (vi) the identity, net prices and credit terms of, and special relations with, suppliers; (vii) proprietary software and business records; (viii) any other information or documents which the Employee is told or reasonably ought to have known that the Company regards as confidential and (ix) any information contained in this Agreement to a third party.

Return of Documents. At termination of employment, or earlier if requested, the Employee (or if deceased, his personal representative) shall promptly surrender to the Company, without retaining copies, all tangible things which are or contain Confidential Information and/or belonging to the Company.

Entire Agreement. This Agreement is the entire agreement between the parties on its subject matters, and supersedes all prior and contemporaneous discussions and understandings. No waiver, modification or termination of this Agreement shall be effective unless in writing and signed by all parties.

Applicable Law and Attornment. This agreement shall be governed by and construed in accordance with the laws of Korea. Each party hereto irrevocably consents and agrees that any legal action, suit or proceeding against it with respect to its obligations, liabilities or any other matter arising out of or in connection with this Agreement may be brought to the Seoul District Court.

Understanding. The Employee has had ample opportunity to review this agreement with legal counsel. If the Employee did not do so, it is because he/she understood this agreement, and did not feel that he/she needed legal advice. The Employee acknowledges that the restrictions in this agreement are fair and reasonable under the circumstances and the Employee is executing this agreement freely, voluntarily and without duress.

[DosEquisXX]

[quote="natashagwitt"]Is this pretty standard for a private school in S. Korea?