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Contract Opinions Please

 
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alwynjo



Joined: 18 Jan 2005
Location: Daejeon, South Korea

PostPosted: Mon Apr 11, 2005 3:34 pm    Post subject: Contract Opinions Please Reply with quote

I know that I have posted contracts before - but this one looks like the job we will be taking, and I have done some negotiating on this contract already, so I guess I am just after some final opinions on the contract.

Please keep in mind that this contract is for a couple position, and that this is our first time to Korea.
Thanks



TERMS AND CONDITIONS


1. The Responsibilities of the Instructor:

(1) The Instructor is to provide quality education of his/her specialized language by offering the students with his/her expertise and competence. In order to carry this out, the instructor must develop his/her effective teaching methods under the guidance of the Director, manage the students assigned to his/her course of instruction, and make the utmost efforts to maintain positive rapport between School and the students.
(2) The Instructor is to follow School's decision on the number of hours to teach per month, class schedule, classrooms, and the course of instruction. The Instructor is also required to attend various meetings, seminars, and other events scheduled by School.
(3) The Instructor is to be present at School at least one hour before the scheduled class hours (working hours) to teach and prepare for language training materials related to the instruction. The instructor must be in his/her classroom 5 minutes before the class-hour.
(4) The Instructor is responsible for preparing teaching materials, using the syllabus and supplementary materials approved by School. In addition, the Instructor is to participate in the activities directly related to teaching such as picnics, field trips and level testing as scheduled by the School.
(5) The Instructor is responsible for grading and evaluation of students at the end of each term.

2. Place of Employment:
The Instructor will work for the School at the following address:
Swaton Language School
Daeduk-gu, Songchon-dong 447-5
Hanvit Bldg. 7th floor
Daejeon, Korea

Swaton Employment Contract 2of 5
3. The Period of Employment and Limitation:

Pending the issuance of an E-2 visa from Korean Immigration, the Instructor will work for the School
for a period not exceeding one year in accordance with the E2 visa.

(1) The period of employment under this contract is from ________ ( , ) to
_________________ ( , ), beginning and ending in the Republic of Korea.
(2) The Instructor shall not teach at any other language institute, or be engaged in any other form of employment except with a) written approval from the Korean Immigration and b) approval from School. When the Instructor is found to be in violation, School may terminate this contract with the Instructor regardless of the period of employment stated above.

4. Assigned Course and Salary:

(1) Assigned Course: English Conversation
(2) Monthly Salary: 1,900,000 (Korean won)
(3) Number of Class- hours: 30 teaching hours per week (120 teaching hours per month)
(4) The School guarantees the Instructor the monthly salary as stated above, and the Instructor
agrees to be available to teach all class hours offered by School. If the Instructor cannot
teach the required class hours due to his/her unavailability, the monthly salary guarantee will
not apply, and it may be cause for termination of the contract.
(5) Overtime over and above the required 120 hours per month will be paid at 20,000 won per hour. Only teaching hours in excess of 120 hours per month and only those approved by the Academic Supervisor / Director are considered as overtime. Overtime will not include workshops, teachers training sessions or any other events scheduled by the School as stated in Article 1 (2).

5. The Payment of Salary:

(1) The initial pay scale of the Instructor is decided by School on the basis of the Instructor's
educational background and experience.
(2) The pay day is the commencing day of teaching of the Instructor. And the School is obliged to pay the salary every month without delay. When the pay day coincides with a national holiday, the payment will be made on the first working day after the pay day. .
(3) If the Instructor leaves the School and is subsequently rehired at a later date, the Instructor will be able to retain his/her pay-scale grade at the time of leaving if he/she had taught full-time at School for a minimum of 12 consecutive months.
(4) Income taxes will be deducted in accordance with Korean Tax Laws.
(5) If the Instructor is absent from his/her class without a notice, 1.5 times of the class hour payment is deducted. And the Instructor must inform the School of her/his absence at least one hour before the scheduled working hour.
(6) The School will pay the instructor 15,000 won per class hour during training before the commencing day of actual teaching.





Swaton Employment Contract 3of 5
6. Severance Pay

Upon completion of this contract, the Instructor will receive one month��s salary as a severance pay, calculated in accordance with Korean Labor Laws and Korean Tax Laws. The payment for
extra days after the completion of the Contract resulting from flight schedule and other mutually
understandable reasons will be calculated 67,000won per day. If the
Instructor has worked more than a year, the severance pay is calculated as the month's salary
times the number of years of employment. If the instructor terminates the contract
prematurely, no severance benefits will apply.
.
7. Health Insurance

If you are sick and meet a little accident, the director will pay the cost; otherwise, in the case when you are under any big accident, the instructor will be automatically subscribed to National Health Insurance, and be bound by the domestic Medical Insurance Laws. (We have got full insurance for the entire time - they changed this for us)

8. Housing

The Instructor may choose one of the two options as stated below:
Option # ____1_____ for ( )
(1) The School provides a shared housing, or
(2) a single accommodation with the key money deposit of __________ Korean won and a housing allowance of _________ Korean won, paid monthly included in the salary. The Instructor is responsible for payment of monthly rent.
For both option (1) and (2), the School will provide basic furnishings, and the Instructor is responsible for payment of monthly utilities.

9. Termination of the Contract:
If the School does not notify the Instructor of a renewal of the contract two months prior to the end of the employment period as stated in 3(1), this contract is automatically terminated when the contract period ends.
This contract is automatically terminated when:
(1) The Instructor notifies the School in writing to terminate the contract before the contract
period ends, with such intention, two months prior to the date of termination.
(2) The Instructor cannot fulfill the terms and conditions of the contract due to his/her own
personal reasons.
(3) The Instructor is absent from classes three or more times or late for class five or more times,
without a prior notice. Such absence or tardiness may be caused for early termination of
the contract.
(4)When the contract is terminated due to the conditions described in items (1), (2), and (3), the School reserves the right to terminate the contract and to take necessary legal action for any damages incurred due to early termination of the contract. In addition, the School is not responsible for severance pay.
(5)When the contract is terminated due to the conditions described in items (2), (3), and (4),
School reserves the right to terminate the contract and to take necessary legal action for any
damages incurred due to early termination of the contract. In addition, School is not
Swaton Employment Contract 4 of 5

responsible for severance pay. If the Instructor is a foreign citizenship holder, School will notify the Ministry of Justice of the termination of employment and the sponsorship for the working visa. The School reserves the right to revoke this contract if the Instructor is found to be in breach of the contract.

10. Handling Policy of No-Class Due To the Instructor's Absence

When the Instructor misses his/her classes because of unexpected illness, accidents, or other unavoidable reasons during the period of contract, he/she must notify School in writing within 2 days. A missed class without a proper notification will be considered as an absence. The Article 5 (5) and the Article 9 (4) will be applied in this case.

11. Vacation

The Instructor will receive 2-week (10 working days) paid vacation a year and all national holidays are observed and paid. All Korean national holidays and those days designated by School are construed as non-working days. An Instructor who has taught over one year may take one month's unpaid vacation on the second (or consecutive) year contract without losing a severance pay benefit.

12. Visa

The School will provide all the necessary documents and sponsorship to obtain a proper working visa issuance paper for the Instructor with a foreign citizenship. The Instructor is responsible for obtaining the visa prior to the beginning of contract period.


13. The Validity of the Contract
Both the School and the Instructor have read and understood all the terms and conditions of this contract which binds upon all parties. This contract will not be valid unless it has both signatures of the SWATON herein referred as the School and the Instructor.


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alwynjo



Joined: 18 Jan 2005
Location: Daejeon, South Korea

PostPosted: Tue Apr 12, 2005 8:53 pm    Post subject: Reply with quote

Thanks to those who pm'd me their thoughts on the contract - it was all vey useful!
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