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Contract advice please

 
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daoiv345



Joined: 27 May 2006

PostPosted: Thu Jun 15, 2006 2:31 am    Post subject: Contract advice please Reply with quote

Hello, newbie here. I would be grateful if you could give me any advice on this contract. Thanks!

EMPLOYMENT AGREEMENT FOR TEACHER

This EMPLOYMENT AGREEMENT has been made on this day 2006.1.1 between with its principal office at
(hereinafter referred to as the "Employer") and , a citizen of passport no.: ______________________ , (hereinafter referred to as the "Employee"). The Employee will teach English at
branch located at: _ (hereinafter referred to as the �Institute�). The Employee is hereby hired by the Employer and both parties agree on the following terms and conditions:


I. Period of Employment

A. The total agreement term is _12__ months, commencing from the date of arrival in Korea and finishing on 2006.7.24-2007.7.23.
B. The term of this Agreement includes an orientation period, five (5) consecutive teaching sessions, and all scheduled vacations and holidays that fall between or during teaching sessions.
C. The Employee will discontinue residence in Korea under the visa status sponsored by the Employer upon the completion of this contract unless the both parties agree to renew the contract.


II. Conditions of Employment

1. Employee�s Duties:

During the term of this Agreement the Employee will perform the following duties:
1.1. EFL instruction in any phase of the Institute's program.
1.2. Curriculum design and implementation.
1.3. Development of educational programs and materials.
1.4. Extracurricular activities for/with students when needed.
1.5. Grading, evaluating, Book Report Correction and counseling of students.
1.6. Attendance at teachers' meetings and workshops.
1.7. Class preparation (40 min. prior to first class).
1.8. Cooperation with the Vice-President in all aspects of employment.
1.9. Other related activities.
1.10. Have to grade students book reports.

2. Working hours

2.1. Classes will be held from Monday to Friday during regular sessions (2pm-10pm) and from Monday to Friday during intensive summer (July-August) and winter (December-January) sessions (9am-5pm).
* WORKING HOURS ARE 3pm - 9.50pm, 40 CLASSES/WEEK, 1 CLASS=40 MIN*
2.2. The Employee will be required to work at the times the Employer shall direct. Regular sessions(2 pm-10pm) / Intensive sessions(9am-5pm)
2.3. Working hours may be modified from time to time at the sole discretion of the Employer depending upon a session and needs of the Institute.

3. Salary and Overtime

3.1. The Employee will be guaranteed (2,000,000 ) Won per month (before taxes) for teaching ( 30 ) hours or (40) classes per week (1 class is 40 min.). This is to be considered as the Employee�s contract hours.
3.2. Only the time worked in excess of contract hours will be considered as overtime. The Employee�s overtime pay will be (17,000)Won per (60) minutes. Attendance at scheduled staff meetings, workshops and class preparation (which is mandatory) will not be considered as overtime.
3.3. The salary will be paid on the 10th day of each teaching month.
3.4. Computation of the initial (first month of employment) salary will commence from the 1st day of actual teaching at the Institute and, therefore, will not include the orientation period necessary for familiarization with the Institute�s curriculum and the Employee�s duties.

4. Severance Pay

Upon successful completion of a full contract period (12 months), the Employee will be given severance pay which is equivalent to his/her monthly salary of (2,000,000) Won.

5. Benefits

5.1. Housing
(a) The Employer will select and provide free furnished living accommodation for the Employee usually located not far from the Institute (about 20-25 min. subway ride). (b) The accommodation may be a private apartment (bachelor/studio) or a two-three room apartment shared with other Employees with a private bedroom for each Employee and a shared kitchen and bathroom. (c) The Employer will also provide furnishings which will include: bed, table, chairs, two-burner gas hot plate, refrigerator, wardrobe, washing machine, TV set, toaster and some bedding (pillow, comforter, sheets). (d) The costs of all utilities (gas, water, electricity, cable TV, telephone charges) and a monthly maintenance fee will have to be paid by the Employee. In the case of shared accommodation, the costs will be divided between the housemates.

5.2. Vacation, Holidays and Emergency Leave
The Employee will have: (a) paid short-term breaks between sessions as determined by the Employer (in total approximately 10-12 days). If the Employee wishes to take additional (unpaid) vacation, he/she must give the Employer at least a two-month notice before taking a vacation; (b) paid statutory/ public holidays detailed in a yearly calendar (in total approximately 14 days); (c) up to 5 days of paid emergency leave in a year in the event of a death or serious illness of an immediate family member, such as grandparent, parent, spouse, children, brother or sister. The emergency leave will be granted and/or extended after a close consultation with the Vice-President. The Employee will bear the cost of transportation.

5.3. Health Insurance
The Employee will be provided with health insurance coverage from the designated public health insurance corporation with 50% of the premium paid by the Employer and 50% - by the Employee.

5.4. Transportation
The Employer will purchase for the Employee a one-way economy class air ticket to Korea from a main international airport in the country/city where the Employee resides and from which he/she was hired. After completing a one-year contract the Employee will be provided with a return economy class air ticket.

5.5. Visa Sponsorship
If the Employee does not obtain work visa in the country of his/her residence, the Employee will receive full visa sponsorship from the Employer upon arrival in Korea. This will include a paid round trip air ticket to Japan (to obtain work visa there) and money to cover travel expenses.


III. Taxes and Other Deductions

The following taxes and deductions will be withheld from the Employee�s monthly salary:
A. Income tax required by the Korean Tax Law (up to 5%);
B. National Pension Contribution according to regulation (up to 5%).
NOTE: Upon completion of the contract (agreement), pension contributions will be fully reimbursed to the Employee by the Korean government;
C. Health Insurance (at present 1.7%);
D. 200,000 Won per month for the first three months as a security deposit for unpaid utilities and phone charges even if the Employee pays them each month. This deposit WILL BE refunded to the Employee one month after this contract is completed.




IV. Employee�s Conduct and Dress Code

1. During the term of this Agreement the Employee is expected to conduct himself/herself in a professional manner that would project a good image of the Institute. Therefore, the following forms of behavior will NOT be permitted:
A. Coming to the Institute and conducting class under the influence of alcohol or illegal drugs and while smoking;
B. Making sexual advances towards or entering into relationships with the students or employees of the Institute;
C. Using bad language in class that would offend or discredit students, the staff and the Institute.
D. Not following scheduled class timetables, canceling, starting classes late without the prior approval of the academic director.

2. The Employee should present himself/herself to students as a professional. Casual attire, provided it is clean and neat, is acceptable. However, NO blue jeans, sneakers and T-shirts will be allowed (unless otherwise instructed).


V. Duty of Confidentiality

A. The Employee shall not disclose information relating to the contents of lectures, teaching material and business operation of the Institute to any third party.
B. The Employee shall not disclose information regarding his/her salary, overtime payment, and contract hours to any third party, including other Employees of the Institute.


VI. Outside Employment and Conflicts of Interest

A. According to Korean Immigration Law, foreign workers are allowed to work legally in Korea ONLY for the Employer/Institute for which they have received a work visa.
B. By signing this Agreement, the Employee agrees to devote his expertise, time and attention to discharge his duties to his legal Employer and not to engage in any other activity that would in any manner whatsoever compete with the Employer and pose any conflict between the interest of the Employer and the other party and/or interfere with the performance of the Employee�s duties.
C. If the Employee wishes to accept any other employment, such as private or part-time teaching, editing and so on, he/she must get the Vice-President�s approval before doing so. Failure to comply with this rule may result in immediate dismissal.


VII. Dismissal, Voluntary Resignation and Liquidating Damages

1. The Employer will have the right to dismiss the Employee if or when:
A. The Employee repeatedly fails to perform his/her duties stated under this Agreement including but not limited to frequent absences from the place of Employment/Institute without approval of the Vice-President.
B. The Employee fails to conduct himself/herself in a professional manner (as described in Employee�s Conduct and Dress Code section of this Agreement) resulting in damaging the image of the Institute.
C. The Employee places any student or a staff person in jeopardy or causes significant material damage to the Employer as a result of his/her negligence or reckless behavior.
D. The Employee commits any criminal act inside or outside the place of employment/Institute. This will result in immediate dismissal with neither warning nor time for remedy being given to the Employee.
E. The Employee has already received three (3) reprimands (warnings) from the Employer of dissatisfaction with the Employee�s performance, and the Employee has not rectified the situation.

2. The Employee may not earlier terminate this Agreement without a good reason. If required, 45 days prior notice must be given to the Employer before termination of the contract.


3. In any case of dismissal or voluntary resignation, the Employer will not provide a return ticket and will not give the severance pay. In addition, if the Employee voluntarily terminates this contract before six (6) months of employment, he/she will have to reimburse to the Employer the initial airfare and other expenses that the Employer has incurred in the process of hiring of the Employee, such as recruiter�s fee, housing utilities deposit and other expenses (if applicable).


VIII. Understanding

A. Both parties have read the above terms and conditions and agree to fulfill them in good faith and will resolve any dispute in a reasonable manner.
B. All issues that cannot be solved by the two parties above will be solved in accordance with the appropriate laws of the Republic of Korea.
c. The contents of the Teachers� Manual are to be incorporated to be part of this employment contract.

The Employer and the Employee have executed this agreement and appended their signatures on the date below:

Employer

Employee

_____________________________
Date
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Thu Jun 15, 2006 2:39 am    Post subject: Reply with quote

It's garbage.

Duties are too many

Hours are too high

Tax is too much

Keep looking.
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alabamaman



Joined: 25 Apr 2006

PostPosted: Thu Jun 15, 2006 12:12 pm    Post subject: Re: Contract advice please Reply with quote

daoiv345 wrote:
Hello, newbie here. I would be grateful if you could give me any advice on this contract. Thanks!

EMPLOYMENT AGREEMENT FOR TEACHER

This EMPLOYMENT AGREEMENT has been made on this day 2006.1.1 between with its principal office at
(hereinafter referred to as the "Employer") and , a citizen of passport no.: ______________________ , (hereinafter referred to as the "Employee"). The Employee will teach English at
branch located at: _ (hereinafter referred to as the �Institute�). The Employee is hereby hired by the Employer and both parties agree on the following terms and conditions:


I. Period of Employment

A. The total agreement term is _12__ months, commencing from the date of arrival in Korea and finishing on 2006.7.24-2007.7.23.

The employment dates should match the issue and expiry date on your E2 Visa!

B. The term of this Agreement includes an orientation period, five (5) consecutive teaching sessions, and all scheduled vacations and holidays that fall between or during teaching sessions.

You take a significant pay cut while working orientation periods. If they say they are for pay, then inform them you cannot since it's illegal to work for pay in Korea without an E2 Visa. They will tell you, "You can work on a tourist visa." It's not! You may get deported, and fined if caught by Korean Immigration Officials. It's extremly important to have contractual language such as, "The employee will work for the employer when the employee has been issued an E2 Visa from Korean Immigration Officials." I've been advocating this frequently....

C. The Employee will discontinue residence in Korea under the visa status sponsored by the Employer upon the completion of this contract unless the both parties agree to renew the contract.

When do you have to give notice to the employer regarding contract renewal? When will the employer render a decision per your notification?

II. Conditions of Employment

1. Employee�s Duties:

During the term of this Agreement the Employee will perform the following duties:
1.1. EFL instruction in any phase of the Institute's program.
1.2. Curriculum design and implementation.
1.3. Development of educational programs and materials.
1.4. Extracurricular activities for/with students when needed.
1.5. Grading, evaluating, Book Report Correction and counseling of students.
1.6. Attendance at teachers' meetings and workshops.
1.7. Class preparation (40 min. prior to first class).
1.8. Cooperation with the Vice-President in all aspects of employment.
1.9. Other related activities.
1.10. Have to grade students book reports.

2. Working hours

2.1. Classes will be held from Monday to Friday during regular sessions (2pm-10pm) and from Monday to Friday during intensive summer (July-August) and winter (December-January) sessions (9am-5pm).
* WORKING HOURS ARE 3pm - 9.50pm, 40 CLASSES/WEEK, 1 CLASS=40 MIN*
2.2. The Employee will be required to work at the times the Employer shall direct. Regular sessions(2 pm-10pm) / Intensive sessions(9am-5pm)

The Employee will be required to work at the times the Employer shall direct. Change to the following below:

"The Employee's working hours may be extended after the employer and employee have mutually agreed in writing."


2.3. Working hours may be modified from time to time at the sole discretion of the Employer depending upon a session and needs of the Institute.

3. Salary and Overtime

3.1. The Employee will be guaranteed (2,000,000 ) Won per month (before taxes) for teaching ( 30 ) hours or (40) classes per week (1 class is 40 min.). This is to be considered as the Employee�s contract hours.


Your teaching too many classes per week and you should bump that total down to 30. If he wants you to come in an hour early, you should get paid, and work classes for a 5 hour period throughout the day.



3.2. Only the time worked in excess of contract hours will be considered as overtime. The Employee�s overtime pay will be (17,000)Won per (60) minutes. Attendance at scheduled staff meetings, workshops and class preparation (which is mandatory) will not be considered as overtime.

The overtime per class should be at 20,000 Korean Won per hour. Overtime classes are the same length in time as regular classes worked!

3.3. The salary will be paid on the 10th day of each teaching month.

Last day of every month worked! Upon completion of the contract, you will also get paid the monthly salary. That's important to throw in there as they like to omit that phrase....
3.4. Computation of the initial (first month of employment) salary will commence from the 1st day of actual teaching at the Institute and, therefore, will not include the orientation period necessary for familiarization with the Institute�s curriculum and the Employee�s duties.

4. Severance Pay

Upon successful completion of a full contract period (12 months), the Employee will be given severance pay which is equivalent to his/her monthly salary of (2,000,000) Won.

5. Benefits

5.1. Housing
(a) The Employer will select and provide free furnished living accommodation for the Employee usually located not far from the Institute (about 20-25 min. subway ride).

Your house should be within 5 - 10 minutes walking distance of workplace!


(b) The accommodation may be a private apartment (bachelor/studio) or a two-three room apartment shared with other Employees with a private bedroom for each Employee and a shared kitchen and bathroom.

Say no to shared housing!

(c) The Employer will also provide furnishings which will include: bed, table, chairs, two-burner gas hot plate, refrigerator, wardrobe, washing machine, TV set, toaster and some bedding (pillow, comforter, sheets). (d) The costs of all utilities (gas, water, electricity, cable TV, telephone charges) and a monthly maintenance fee will have to be paid by the Employee. In the case of shared accommodation, the costs will be divided between the housemates.

The cost of the monthly maintenance fee should be included in the contract also.

5.2. Vacation, Holidays and Emergency Leave
The Employee will have: (a) paid short-term breaks between sessions as determined by the Employer (in total approximately 10-12 days).

I'm assuming these are in the summer and in the winter. I would get a clarification and get it written in the contract.

If the Employee wishes to take additional (unpaid) vacation, he/she must give the Employer at least a two-month notice before taking a vacation;

15 working days is plenty for notification

(b) paid statutory/ public holidays detailed in a yearly calendar (in total approximately 14 days); (c) up to 5 days of paid emergency leave in a year in the event of a death or serious illness of an immediate family member, such as grandparent, parent, spouse, children, brother or sister. The emergency leave will be granted and/or extended after a close consultation with the Vice-President. The Employee will bear the cost of transportation.

5.3. Health Insurance
The Employee will be provided with health insurance coverage from the designated public health insurance corporation with 50% of the premium paid by the Employer and 50% - by the Employee.

This clause is a little to vauge. There should be detailed information on how much money your employer will deduct from your monthly salary (2.24%) throughout the contract period, how much money your employer will pay per lump sum every three months (monthly salary x 3) throughout the contract period. When will you be presented with your medical insurance card?

5.4. Transportation
The Employer will purchase for the Employee a one-way economy class air ticket to Korea from a main international airport in the country/city where the Employee resides and from which he/she was hired. After completing a one-year contract the Employee will be provided with a return economy class air ticket.

5.5. Visa Sponsorship
If the Employee does not obtain work visa in the country of his/her residence, the Employee will receive full visa sponsorship from the Employer upon arrival in Korea. This will include a paid round trip air ticket to Japan (to obtain work visa there) and money to cover travel expenses.




III. Taxes and Other Deductions

The following taxes and deductions will be withheld from the Employee�s monthly salary:
A. Income tax required by the Korean Tax Law (up to 5%);

This figure is off the mark!
http://www.nts.go.kr/eng/default.html
Click on "Check my Monthly Withholding Tax"


B. National Pension Contribution according to regulation (up to 5%).

This figure is off the mark as it's actually 4.5% of your monthly salary throughout the contract period!
http://www.nps4u.or.kr/eng/enpsk.html?code=./enpsk/a02.html



NOTE: Upon completion of the contract (agreement), pension contributions will be fully reimbursed to the Employee by the Korean government;
C. Health Insurance (at present 1.7%);

D. 200,000 Won per month for the first three months as a security deposit for unpaid utilities and phone charges even if the Employee pays them each month. This deposit WILL BE refunded to the Employee one month after this contract is completed.

Say no to security deposits!




IV. Employee�s Conduct and Dress Code

1. During the term of this Agreement the Employee is expected to conduct himself/herself in a professional manner that would project a good image of the Institute. Therefore, the following forms of behavior will NOT be permitted:
A. Coming to the Institute and conducting class under the influence of alcohol or illegal drugs and while smoking;
B. Making sexual advances towards or entering into relationships with the students or employees of the Institute;
C. Using bad language in class that would offend or discredit students, the staff and the Institute.
D. Not following scheduled class timetables, canceling, starting classes late without the prior approval of the academic director.

2. The Employee should present himself/herself to students as a professional. Casual attire, provided it is clean and neat, is acceptable. However, NO blue jeans, sneakers and T-shirts will be allowed (unless otherwise instructed).


V. Duty of Confidentiality

A. The Employee shall not disclose information relating to the contents of lectures, teaching material and business operation of the Institute to any third party.
B. The Employee shall not disclose information regarding his/her salary, overtime payment, and contract hours to any third party, including other Employees of the Institute.


VI. Outside Employment and Conflicts of Interest

A. According to Korean Immigration Law, foreign workers are allowed to work legally in Korea ONLY for the Employer/Institute for which they have received a work visa.
B. By signing this Agreement, the Employee agrees to devote his expertise, time and attention to discharge his duties to his legal Employer and not to engage in any other activity that would in any manner whatsoever compete with the Employer and pose any conflict between the interest of the Employer and the other party and/or interfere with the performance of the Employee�s duties.
C. If the Employee wishes to accept any other employment, such as private or part-time teaching, editing and so on, he/she must get the Vice-President�s approval before doing so. Failure to comply with this rule may result in immediate dismissal.


VII. Dismissal, Voluntary Resignation and Liquidating Damages

1. The Employer will have the right to dismiss the Employee if or when:
A. The Employee repeatedly fails to perform his/her duties stated under this Agreement including but not limited to frequent absences from the place of Employment/Institute without approval of the Vice-President.
B. The Employee fails to conduct himself/herself in a professional manner (as described in Employee�s Conduct and Dress Code section of this Agreement) resulting in damaging the image of the Institute.
C. The Employee places any student or a staff person in jeopardy or causes significant material damage to the Employer as a result of his/her negligence or reckless behavior.
D. The Employee commits any criminal act inside or outside the place of employment/Institute. This will result in immediate dismissal with neither warning nor time for remedy being given to the Employee.

"The employee is found guilty in a Court of Law commiting criminal acts of behavior"

E. The Employee has already received three (3) reprimands (warnings) from the Employer of dissatisfaction with the Employee�s performance, and the Employee has not rectified the situation.

2. The Employee may not earlier terminate this Agreement without a good reason. If required, 45 days prior notice must be given to the Employer before termination of the contract.

30 days


3. In any case of dismissal or voluntary resignation, the Employer will not provide a return ticket and will not give the severance pay. In addition, if the Employee voluntarily terminates this contract before six (6) months of employment, he/she will have to reimburse to the Employer the initial airfare and other expenses that the Employer has incurred in the process of hiring of the Employee, such as recruiter�s fee, housing utilities deposit and other expenses (if applicable).

The recruiter fees is an issue between the recruiter and the hagwon owner, so insist that it's removed from the contract. Say no to the housing deposits as I said earlier. The airfare is waived after 6 months which is a good thing.


VIII. Understanding

A. Both parties have read the above terms and conditions and agree to fulfill them in good faith and will resolve any dispute in a reasonable manner.
B. All issues that cannot be solved by the two parties above will be solved in accordance with the appropriate laws of the Republic of Korea.
c. The contents of the Teachers� Manual are to be incorporated to be part of this employment contract.



The Employer and the Employee have executed this agreement and appended their signatures on the date below:

Employer

Employee

I've seen better contracts out there, and I would keep looking.

_____________________________
Date
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Grotto



Joined: 21 Mar 2004

PostPosted: Thu Jun 15, 2006 12:21 pm    Post subject: Reply with quote

again newbies....take a look at other similar/same contracts posted on here and do some of your own homework....if you have concerns then chances are its got crap in it.

This is the 2nd or 3rd time this exact same contract has been posted in recent weeks.....go back and look over the last 7 or 8 pages of work related items and check it out yourself!
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