Korean Job Discussion Forums

[carrice]

hey everyone..just wanted you guys to go over my prospective contract with a fine tooth comb..thanks so much for the help




EMPLOYMENT AGREEMENT



This EMPLOYMENT AGREEMENT has been made this January 30, 2006 by and between _________, a language school organized and existing under the laws of the Republic of Korea, and having its principal office at Jeju Island, Jeju City, No hyung Dong, 720-4, South Korea (hereinafter referred to as "Employer"); and, a citizen of , whose domicile is at _________________________________; (hereinafter referred to as "Employee").



WITNESS
Employer and Employee, in consideration of the mutual promises and covenants contained herein, agree as follows:



1. EMPLOYMENT OF EMPLOYEE



1.1 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.



1.2 Employee hereby accepts employment from Employer to teach the English language in the form and manner and under the term and conditions set forth here in this Agreement.



1.3 Employee shall be employed to teach the English language at _____, Jeju Island, Jeju City, No hyung Dong 720-4 (hereinafter referred to as "Place of Employment").



2. TERM OF EMPLOYMENT



The term of this Agreement shall begin as of March 1, 2006 and shall terminate on February 28, 2007, unless otherwise terminated in accordance with the provisions of this Agreement.



3. DUTIES OF EMPLOYEE



3.1 During the term of this agreement, the employee is required to prepare for, teach, and carry out all required administrative duties connected with classes assigned by the employer.



3.2 Unless otherwise approved by the Employer, normal work duties during the term of this Agreement shall refer to the preparation of lesson plans for classes assigned to Employee, execution of lesson plans for classes taught by Employee, evaluating student performance, developing supplemental classroom materials, and attending staff meetings.



A. The standard weekly working hours during this period will consist of thirty (30) hours of classroom contact.



B. Overtime pay is granted at the rate of 20,000 won/hour when teaching hours exceeding thirty (30) hours in a work week.



4. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE



4.1 SALARY: Employer shall pay Employee as compensation for all services a total aggregate monthly of salary 2,000,000 won for each month of the contract period with Employer. This salary will be paid on the 10th day of each month, beginning one month (30-31 days) after Employee begins normal work duties. The Korean income tax will be deducted monthly from the gross salary in addition to half the cost of the National Health Insurance and National Pension. These amounts are subject to change in accordance with changes to Korean government tax policy.



4.2.1 PAID VACATION, PERSONAL DAYS AND PAID SICK LEAVE: The Employee will be entitled to two separate vacation periods. The dates and duration of these vacations will be determined by the Employer and will be known at least four (4) weeks in advance. Each vacation period will be no less than five (5) calendar days in duration and may include weekends or holidays. In addition, the Employee may take up to 3 paid personal days during the contract year.

4.2.2 Notwithstanding anything to contrary herein contained, the sum total of vacation plus personal days, shall be no less than ten (10) days in any twelve month contract period. The Employee decides dates of the personal days with the Employer?���s consent.

4.2.3 Employee may take up to five days of sick leave. If more than five (5) days of sick leave is taken by Employee, pay will be deducted from salary per number of excess sick leave days taken.

4.2.3 SEVERANCE PAYMENT: Upon successful completion of the one-year contract, one-month salary will be paid to Employee.



4.3 HOLIDAYS: Employee will be entitled to observe all Korean National Holidays.

4.4 HOUSING: Employer shall select and provide a single furnished efficiency apartment. Furnishings will include a bed, a TV, a VCR, a kitchen table and chairs, kitchenware, cutlery, a two-burner gas range, a refrigerator, a wardrobe, and a washing machine. The cost of utilities for the accommodation provided shall be paid by Employee. In the event that the Employee causes damage to the accommodation provided, the Employee shall pay the cost for the repairs of said damages.



4.5 TRANSPORTATION: Employer shall provide Employee with a round trip ticket from point of hire to Jeju Island.



4.6 VOLUNTARY RESIGNATION: In the event that Employee voluntarily resigns prior to the sixth (6th) month anniversary of the Employee?���s arrival, the Employee shall be obligated to reimburse Employer for 100% of the Transportation Costs. In the event that Employee voluntarily resigns after the sixth (6th) month anniversary of the Employee?���s arrival, the Employee shall be obligated to reimburse Employer for 50% of the Transportation Costs. The Employer must be notified sixty (60) days prior to Employee's last working day at Place of Employment. If Employee fails to give a sixty (60) day notice of intent to voluntarily resign, he/she will forfeit the equivalent of ten (10) days salary to Employer.



4.7 HEALTH INSURANCE: In the event that the Employee elects, Employee shall be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The costs of this coverage shall be paid half by Employer and half by Employee. Payment will be made by monthly deduction from Employee's basic salary. A like amount shall be contributed by Employer each month.



5. RENEWAL

Not later than sixty (60) days prior to the date of termination of this Agreement, Employer and Employee shall consult together and shall agree either to an extension or termination thereof. In the event the parties agree upon a termination, this Agreement shall end as of the date of termination set forth hereinabove.

6. DISMISSAL BY EMPLOYER



6.1 Employer shall have the right to dismiss Employee for clear and frequent neglect of duties under this Agreement including, but not limited to, frequent absences from the Place of Employment without approval of the Employer or good reason therefore, or for manifest inability to perform duties under this Agreement. However, prior to any such dismissal, Employee shall be afforded at least twenty (20) working days in which to remedy the same.



6.2 Criminal or other conduct inside or outside Place of Employment that would, in the opinion of the Employer, seriously jeopardize any student, staff person, or the reputation of Employer and will be cause for immediate dismissal. No warning time for remedy will be allotted in such cases.



6.3 In the event Employee is dismissed for any of the reasons set forth hereinabove or for any of the reasons set forth hereinafter, Employer shall not be obligated to pay reimbursement costs for the round trip ticket purchased by Employee from point of hire.



7. COVENANTS



7.1 Employee hereby agrees and covenants that he/she shall not undertake any teaching duties or employment with any persons or organizations other than Employer without prior written approval from Employer and the employer of the specific employment contemplated by Employee. Failure to comply with this article is cause for immediate dismissal.



7.2 Employee hereby agrees, covenants, and undertakes that at all times during the term of this Agreement and at all times subsequent to the termination of the Agreement, Employee shall not use the name of employer for personal business purposes.



7.3 Unless otherwise agreed to in writing, Employee understands and accepts that the rights to use, to sale, to distribution, or to publication of all original material produced by Employee during the course of Employee's employment, and for which the Employee is compensated as either regular pay, as overtime, or in an agree upon lump sum, remain the sole property of Employer.



8. ASSIGNMENT

Any assignment, attempted assignment, transfer, or attempted transfer of this Agreement or of the performance of duties and obligations hereunder shall immediately terminate this Agreement, unless the parties hereto expressly agree in writing otherwise.



9. NOTICES

All notices to be given under this Agreement shall be given in writing by serving the same upon the person to whom the notice is addressed personally, by registered mail at the address of such party given in this Agreement, or, for Employee once in Korea, at the residence in Korea, as notified to Employer.



10. 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. Furthermore, this contract nullifies and voids any previous contract between the two parties.

11. INDEMNIFICATION CLAUSE

Employee shall indemnify and hold harmless Employer for any damages which Employee may sustain, in any manner, through the misconduct or negligence of Employee.





12. WAIVER

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

13. GOVERNING LANGUAGE

This Agreement has been drawn up and has been executed in the English language. The English language text of this Agreement shall govern and prevail over any translation thereof.

14. GOVERNING LAW

This Agreement shall be interpreted according to the internal (domestic) laws of the Republic of Korea.



15. JURISDICTION

A competent court in the Republic of Korea shall have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this Agreement.



IN WITNESS THEREOF, __________, intending to be legally bound hereto have executed this Agreement of the date first hereinabove indicated.



____________________________________________________________

[K-in-C]

[quote="carrice"]hey everyone..just wanted you guys to go over my prospective contract with a fine tooth comb..thanks so much for the help


4.2.1 PAID VACATION, PERSONAL DAYS AND PAID SICK LEAVE: The Employee will be entitled to two separate vacation periods. The dates and duration of these vacations will be determined by the Employer and will be known at least four (4) weeks in advance. Each vacation period will be no less than five (5) calendar days in duration and may include weekends or holidays. In addition, the Employee may take up to 3 paid personal days during the contract year.

4.2.2 Notwithstanding anything to contrary herein contained, the sum total of vacation plus personal days, shall be no less than ten (10) days in any twelve month contract period. The Employee decides dates of the personal days with the Employer?���s consent.

4.2.3 Employee may take up to five days of sick leave. If more than five (5) days of sick leave is taken by Employee, pay will be deducted from salary per number of excess sick leave days taken. [quote]

The five sick days is a good thing. The inclusion of weekends into holiday time is not. This contract looks much better than a lot that have passed through lately.

[Grotto]

EMPLOYMENT AGREEMENT



This EMPLOYMENT AGREEMENT has been made this January 30, 2006 by and between _________, a language school organized and existing under the laws of the Republic of Korea, and having its principal office at Jeju Island, Jeju City, No hyung Dong, 720-4, South Korea (hereinafter referred to as "Employer"); and, a citizen of , whose domicile is at _________________________________; (hereinafter referred to as "Employee").



WITNESS
Employer and Employee, in consideration of the mutual promises and covenants contained herein, agree as follows:



1. EMPLOYMENT OF EMPLOYEE



1.1 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.



1.2 Employee hereby accepts employment from Employer to teach the English language in the form and manner and under the term and conditions set forth here in this Agreement.



1.3 Employee shall be employed to teach the English language at _____, Jeju Island, Jeju City, No hyung Dong 720-4 (hereinafter referred to as "Place of Employment").



2. TERM OF EMPLOYMENT



The term of this Agreement shall begin as of March 1, 2006 and shall terminate on February 28, 2007, unless otherwise terminated in accordance with the provisions of this Agreement.



3. DUTIES OF EMPLOYEE



3.1 During the term of this agreement, the employee is required to prepare for, teach, and carry out all required administrative duties connected with classes assigned by the employer.



3.2 Unless otherwise approved by the Employer, normal work duties during the term of this Agreement shall refer to the preparation of lesson plans for classes assigned to Employee, execution of lesson plans for classes taught by Employee, evaluating student performance, developing supplemental classroom materials, and attending staff meetings.



A. The standard weekly working hours during this period will consist of thirty (30) hours of classroom contact.

You really should get a definition of a classroom hour. Example a classroom hour will be 50 minutes of classtime. Otherwise you will most likely end up teaching quite a few more classes. There should also be some mention of a schedule....3-9 otherwise you could end up working splits, also the workweek should be listed as Mon-Fri

B. Overtime pay is granted at the rate of 20,000 won/hour when teaching hours exceeding thirty (30) hours in a work week.

Raise it up to 25,000, overtime should be at least 1.5xyour regular pay



4. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE



4.1 SALARY: Employer shall pay Employee as compensation for all services a total aggregate monthly of salary 2,000,000 won for each month of the contract period with Employer. This salary will be paid on the 10th day of each month, beginning one month (30-31 days) after Employee begins normal work duties. The Korean income tax will be deducted monthly from the gross salary in addition to half the cost of the National Health Insurance and National Pension. These amounts are subject to change in accordance with changes to Korean government tax policy.

Not true. Pension is 4.5% from you and employer matches, health is 2.2% and your tax on 2 mil is about 1.5%....check out the tax rate post under FAQ and go to monthly withholding tax.


4.2.1 PAID VACATION, PERSONAL DAYS AND PAID SICK LEAVE: The Employee will be entitled to two separate vacation periods. The dates and duration of these vacations will be determined by the Employer and will be known at least four (4) weeks in advance. Each vacation period will be no less than five (5) calendar days in duration and may include weekends or holidays. In addition, the Employee may take up to 3 paid personal days during the contract year.

I wouldnt agree to the vacation period including weekends and holidays! Get a 5 day vacation over Solel and you dont really get anymore days than you would anyway!

4.2.2 Notwithstanding anything to contrary herein contained, the sum total of vacation plus personal days, shall be no less than ten (10) days in any twelve month contract period. The Employee decides dates of the personal days with the Employer?���s consent.

4.2.3 Employee may take up to five days of sick leave. If more than five (5) days of sick leave is taken by Employee, pay will be deducted from salary per number of excess sick leave days taken.

4.2.3 SEVERANCE PAYMENT: Upon successful completion of the one-year contract, one-month salary will be paid to Employee.



4.3 HOLIDAYS: Employee will be entitled to observe all Korean National Holidays.

4.4 HOUSING: Employer shall select and provide a single furnished efficiency apartment. Furnishings will include a bed, a TV, a VCR, a kitchen table and chairs, kitchenware, cutlery, a two-burner gas range, a refrigerator, a wardrobe, and a washing machine. The cost of utilities for the accommodation provided shall be paid by Employee. In the event that the Employee causes damage to the accommodation provided, the Employee shall pay the cost for the repairs of said damages.



4.5 TRANSPORTATION: Employer shall provide Employee with a round trip ticket from point of hire to Jeju Island.



4.6 VOLUNTARY RESIGNATION: In the event that Employee voluntarily resigns prior to the sixth (6th) month anniversary of the Employee?���s arrival, the Employee shall be obligated to reimburse Employer for 100% of the Transportation Costs. In the event that Employee voluntarily resigns after the sixth (6th) month anniversary of the Employee?���s arrival, the Employee shall be obligated to reimburse Employer for 50% of the Transportation Costs. The Employer must be notified sixty (60) days prior to Employee's last working day at Place of Employment. If Employee fails to give a sixty (60) day notice of intent to voluntarily resign, he/she will forfeit the equivalent of ten (10) days salary to Employer.

30 days notice is plenty. After 6 months you shouldnt be responsable for any of the costs for coming here. With clauses like this is it any wonder people do midnight runs?

4.7 HEALTH INSURANCE: In the event that the Employee elects, Employee shall be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The costs of this coverage shall be paid half by Employer and half by Employee. Payment will be made by monthly deduction from Employee's basic salary. A like amount shall be contributed by Employer each month.

2.2% each

5. RENEWAL

Not later than sixty (60) days prior to the date of termination of this Agreement, Employer and Employee shall consult together and shall agree either to an extension or termination thereof. In the event the parties agree upon a termination, this Agreement shall end as of the date of termination set forth hereinabove.

6. DISMISSAL BY EMPLOYER



6.1 Employer shall have the right to dismiss Employee for clear and frequent neglect of duties under this Agreement including, but not limited to, frequent absences from the Place of Employment without approval of the Employer or good reason therefore, or for manifest inability to perform duties under this Agreement. However, prior to any such dismissal, Employee shall be afforded at least twenty (20) working days in which to remedy the same.



6.2 Criminal or other conduct inside or outside Place of Employment that would, in the opinion of the Employer, seriously jeopardize any student, staff person, or the reputation of Employer and will be cause for immediate dismissal. No warning time for remedy will be allotted in such cases.



6.3 In the event Employee is dismissed for any of the reasons set forth hereinabove or for any of the reasons set forth hereinafter, Employer shall not be obligated to pay reimbursement costs for the round trip ticket purchased by Employee from point of hire.



7. COVENANTS



7.1 Employee hereby agrees and covenants that he/she shall not undertake any teaching duties or employment with any persons or organizations other than Employer without prior written approval from Employer and the employer of the specific employment contemplated by Employee. Failure to comply with this article is cause for immediate dismissal.



7.2 Employee hereby agrees, covenants, and undertakes that at all times during the term of this Agreement and at all times subsequent to the termination of the Agreement, Employee shall not use the name of employer for personal business purposes.



7.3 Unless otherwise agreed to in writing, Employee understands and accepts that the rights to use, to sale, to distribution, or to publication of all original material produced by Employee during the course of Employee's employment, and for which the Employee is compensated as either regular pay, as overtime, or in an agree upon lump sum, remain the sole property of Employer.



8. ASSIGNMENT

Any assignment, attempted assignment, transfer, or attempted transfer of this Agreement or of the performance of duties and obligations hereunder shall immediately terminate this Agreement, unless the parties hereto expressly agree in writing otherwise.



9. NOTICES

All notices to be given under this Agreement shall be given in writing by serving the same upon the person to whom the notice is addressed personally, by registered mail at the address of such party given in this Agreement, or, for Employee once in Korea, at the residence in Korea, as notified to Employer.



10. 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. Furthermore, this contract nullifies and voids any previous contract between the two parties.

11. INDEMNIFICATION CLAUSE

Employee shall indemnify and hold harmless Employer for any damages which Employee may sustain, in any manner, through the misconduct or negligence of Employee.





12. WAIVER

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

13. GOVERNING LANGUAGE

This Agreement has been drawn up and has been executed in the English language. The English language text of this Agreement shall govern and prevail over any translation thereof.

14. GOVERNING LAW

This Agreement shall be interpreted according to the internal (domestic) laws of the Republic of Korea.



15. JURISDICTION

A competent court in the Republic of Korea shall have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this Agreement.



IN WITNESS THEREOF, __________, intending to be legally bound hereto have executed this Agreement of the date first hereinabove indicated.

Not a bad contract at all. Define a classroom hour, get a schedule and clarify the amounts to be deducted and you might have a winner