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Wrench



Joined: 07 Apr 2005

PostPosted: Wed Jul 05, 2006 6:40 am    Post subject: Need Contract Reviewer Guruness. Reply with quote

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Article 2  (Status of Employment) Employee shall be hired pursuant to this         Contract as a [ ? Foreign Language Teacher(FLT)/ ? Foreign Language       Instructor(FLI) ].

?3?  (??)  ??? ??? ??? ???? ????? ??? ??? ??.
  1. ???? ????? ????? ????.
  2.  ??? ??? ?? ??? ????.
  3.  ?? ?? ?? ??? ????.
  4.  ?? ?? ?? ?? ??? ??? ????.
  5.  ?? ?? ?? ? ?? ????? ????.
  6.  ??? ?? ? ??? ?? ?? ?? ??? ????.
  7.  ???? ???? ??? ??? ????.

Article 3  (Duties) FLT or FLI shall perform the following duties :
    1. To work at high schools or middle schools of Changnyeong-gun;
    2. To assist Korean teachers with their foreign language class(es) and/or         jointly conduct foreign language class(es);
    3. To prepare teaching materials for foreign language class(es);
    4. To assist with the development of teaching materials related to foreign        language education;
    5. To assist with activities related to foreign language education and other        extracurricular activities within the place of employment;
    6. To conduct foreign language conversational class(es)/course(s) for             Korean teachers and students;
    7. To perform other duties as designated by Employer.

?4?  (????)  ? ????? 2005? 8? 1??? 2006? 7? 31???? ??.
  ? ????? ????????? ????? ?? ??? ???      ?, ???? ????? ?? ??? ? ?? ?? ??? ?? ??       ???. ??? ? ??? 2005? 8? 1?? ?? ???? ?? ??      ????.

Article 4  (Term of Employment)  ? The Term of Employment shall           commence on July 1st, 2005 and end on June 30th, 2006.
  ? This employment period is not continuance and should not be considered      as continuance of any former employment in other city/province. Hence,         Employer shall hire Employee as a new FLT/FLI, commencing on July      1st, 2005.

?5?  (??)  ? ????? ?4?? ??? ?????? ??? ????.
  ? ??? ?? ????? ????? ???? ??? ??? ????      ??? 30? ?? ????? ?? ??? ??? ???? ?????       ????? ??.
  ? ????? ???? ???? ?????? ????? ????, ????      ? ??? ????.

Article 5  (Resignation)  ? Employee shall perform the duties set forth under         Article 3 hereof during the Term of Employment set forth under Article      4 hereof.
  ? However, if Employee should desire to resign from the Foreign Language       Program in Changnyeong and thereby terminate this Contract, he/she         must give Employer a thirty (30) day prior written notice of resignation        stating a date of and a reason for resignation.
  ? In the case of Employee's resignation, the airfare for the return flight shall be      borne by Employee, and his/her visa shall be cancelled.

?6?  (???)  ? ????? ???? ???? ??? ???? ????.
  ? ???? ????? ???? ??? ???? ??? ? ??.
  ? ???? ?? ?????? ????? ???? ??? ? ??      ?????? ????? ??? ? ??. ? ? ????? ???      ??? ??? ? ??.

Article 6  (Work Place)  ? Employee shall work at a Work Place as      designated by Employer, and the Work Place may be schools located in            Changnyeong-gun.

  ? Employer may designate multiple Work Places for Employee.
  ? Employer may designate Employee to work at a Office of Education or         English Immersion Camp in Changnyeong-gun while school is       in recess. In this case, Employee shall not claim for any additional pay.

?7?  (????)  ? ????? ?? 8??(???? ??), ? 5??       ????, ???? ??? ? ???? ???? ???? ???.
  ? ????? ????? ???? ???? ??? ??? ????,       ???? ?????? ??? ?? ?? ??? ? ??.
  ? ????? ?? ?? ?? ?? ?? 22??? ???? ???. ??      ???? ?? ?? ???? ?? 22??? ???? ???? ??      ?? ??? ??? ??? ???? ???? ???? ??? ???      ??? ????.
  ? ???? ?????? ?? ??? ?? ???? ??? ???        ??? ? ??. ? ???? ??? ??? ????.

Article 7  (Wok Hours)  ? Employee shall work eight (8) hours per day (excluding      lunch hour) for five (5) calendar days per week from Monday to Friday      and shall not work on Saturdays, Sundays and any national holidays of        the Republic of Korea.
  ? The Work Hours of Employee may follow the normal work schedule of civil      servants of the Korean Government; however, such Work Hours may be        adjusted by Employer as he/she deems appropriate.
  ? Actual class instruction hours of Employee shall not exceed twenty           two(22) hours per week. If, however, Employee's actual weekly class          instruction hours exceed twenty two(22) hours due to supplementary          class instruction, Employee shall be entitled to a supplementary class      instruction pay at the rate applicable to Korean teachers for the supplementary      class instruction hours.
  ? Employer may require Employee to work overtime in addition to            normal Work days and Work Hours. In this case, overtime pay will be       provided.

?8?  (??)  ? ????? ??? ?? ??  2,200,000 ???,         ???? ?? ?? ???? ????? ? ????? ?? ????.
  ? ??? ?? 17?? ????. ?? ? ?? ???? ?? ??        ?? ? ??? ????.
  ? ????? ???? ? ?? ?? ?? ???? ?? ??? ??      ???? ?? ?? ???? ??? ????.
  ? ????? ?? ?? ?? ??????? ???? ??????      ?? ???? ???? ??? ? ??.
  ? ????? ? ??? ??? ?? ???? ??? ?? ??? ??? ? ??.

Article 8  (Salary)  ? Employee shall be paid the total amount of  2,200,000      Korean Won per month. However, the Korean income tax, medical insurance      premium and the national pension contribution, as required under Korean law,      shall be withheld each month from Employee's salary.
  ? Employee's salary shall be paid on the 17th day of each month. If this day      falls on a national holiday, Saturday or Sunday, the salary will be paid on the      immediately preceding business day.
  ? When Employee has not worked a full month, salary for that month shall be paid      on a prorata basis either from the first day or until the last day of work.
  ? If Employee should be absent from work without having obtained a prior       approval, Employee's salary for that month shall be lessened by the            amount calculated on a prorata basis for the number of unauthorized            absent days.
  ? Employee shall not claim, against Employer, any compensation and/or          payment other than those provided for in this Contract.

?9?  (???)  ? ?5??? ?? ????? ????? ?????       ??? ??? 1? ??? ??? ? ? ??.
  ? ???? ?????? ?? ??? 2?? ??? ??? ???         ???? ?? ???? ???? ??. ????? ????? ??      ??? 2?? ??? ??? ??? ?? ???? ??????.
  ? ???? ??? ????? ??? ???? ??? ??? ???      ? ?? ?? ??? ???? ?? ?? ????? ???? ??        3?? ???? ?????? ??? ? ????.
Article 9  (Renewal)  ? The Term of Employment stated in Article 5 hereof      may be renewed by the mutual written agreement between Employer and       Employee, provided that each renewed employment term does not exceed      one (1) year.
  ? Employer make a notice of renewal in written at least 2 months prior       to the expired date of term of Employment. And also, Employee let         employer know the intention of the renewal before 2 months of the              termination of this contract.
  ? In the event that the employee travels to his/her home country       before the term of the renewal, Employee's round trip airfare shall be         reimbursed by Employer after Employee's return to Korea. The round trip      airfare for Employee's flight shall be based on rate provided for in Article      10 ? hereafter.

?10?  (???)  ? ????? ?????? ????? ?? ?         ???? ????? ?? ???? ?? ?? ????? ??       ??? ???? ? 3?? ????? ????. ??? ???       ???? ???? ?????? 6?? ??? ? ??? ???       ???? ?? ????(???? ??)? ???? ?? ? ????      ????? ????. ????? ???? ?????? 6?? ??      ???? ?? ? ?? ?? ???? ?? ??? ????.
  ? ????? ???? ?? ??? ???? ????? ????      ???? 10? ??? ???? ???? ?? ???? ?1??      ??? ?????? ????.

Article 10  (Airfare)  ? The airfare for Employee's flight, actual      purchasing price, to Korea shall be loaned by Employer based      on an economy class airfare of the most direct flight available      from his/her permanent residence to Incheon Airport. In case       of the termination of this Contract within six (6) months,           including renewals, regardless of course or ground therefore,           Employee shall immediately pay back Employer the above mentioned      loan. If Employee works more than six (6) months during the       term of Employment from the date of commencement, Employee's      obligation to pay back the loan provided pursuant to this           provision shall be waived by Employer.
  ? If Employee works fully until the end of the Term of Employment and      returns to his/her home country within 10 days from the expired date      of the Term of Employment, Employer shall pay for Employee's return      flight based on the rate provided for in the foregoing ?.

?11?  (??)  ? ???? ?????? ???? ??? ??? ??      ??. ?? ??? ????, ??, ?? ???? ???? ?? ??      ?? ???. ??? ??? ?? ?????? ????? ??         ?? ??.
  ? ???? ?????? ??? ???? ??? ?? ????          ?????? ?? ?? 300,000?? ???? ????.
  ? ????? ??? ??? ??? ???? ????? ??? ? ??.
  ? ??? ??? ??? ???? ??? ???? ????? ???      ?? ????? ????, ?? ??? ???? ?????? ??      ??? ? ??.
  ? ???? ??? ???? ?? ???? ??, ?? ? ??, ??,      ????, ???, ???, ????, ???? ?? ???? ? ??      ? ??? ? ???, ????? ???? ???? ???? ? ??      ??? ??? ??? ? ??.

Article 11  (Housing)  ? Employer shall provide Employee with housing         selected by Employer. Housing selected by Employer may be, including      but not limited to, a leased house, a studio-type room, or an apartment.      Any and all fees, charges, costs, taxes, expenses, etc. incurred in using      the housing shall be borne by Employee.
  ? If Employer is not able to provide housing for Employee, Employer        shall provide Employee with 300,000 Korean Won per month, as a rent      subsidy, in lieu of the housing set forth in the foregoing ?.
  ? Employer may provide temporary housing until the appropriate             housing for Employee becomes available.
  ? Employer shall decide whether to provide Employee with housing or a rent       subsidy after discussion with the employee, Once decided, Employer's             decision shall not be subsequently changed during the term of Employment.
  ? If Employer provides housing to Employee, Employer may provide, appliances      and furniture such as a bed, table and chairs, a closet, a gas range, a refrigerator,      a washing machine, a microwave, and a TV set. Employee shall not request      or demand any other appliances or furniture than those provided by Employer.

?12?  (?? ??)  ? ???? ?????? ??? 300,000??      ???? ?? 1?? ??? ????. ??? ??? ???? ??      ?? ?????? 6?? ??? ? ??? ??? ???? ?? ?????      ???? ?? ???? ????? ????.
  ? ???? ?????? ?????(???? 1?? ???? ??,      ?? ?? ??? ??????? ??)? 50%? ????.
  ? ???? ??? ??? ????? ??? ??( ?????       ????? ?? ?? ???? ???? �??????�? ?????      ??? ????? ?? �??? ?? ???� )? ??? ??      ???? ????? ???? ?? 2?? ???? ????      ???? ? ??. ???? ?? 2? ?? ??? ?????      ??? ?? ??? ?? ? ??.
  ? ???? ???????? 50%(????? ? 4.5%)? ??????      ????. ?? ? ??? ??? ????? ?? ??? ??? ??      ? ??? ??? ????????? ???? ??? ????       ???? ?? ?? ? ??.
  ? ????? 1? ??? ????? ??? ? 1??? ???        ???? ???? ?? ? ??.

Article 12  (Other Benefits)  ? Employee shall be entitled to one time only        settlement allowance of 300,000 Korean Won, when he/she first arrives in      Korea. In case of the termination of this contract within six (6) months,        regardless of course or ground therefore, Employee shall immediately pay      back Employer the fore mentioned allowance.
  ? Employer shall provide Employee with half of the medical insurance           pursuant to the National Medical Insurance Act of Korea. In the event Employee      has his/her family living with him or her in Korea, Employer will also           provide and pay for medical insurance premium for Employee's family.
  ? Employees with the exception of Canadians, shall be eligible for exemption      from paying Korean income tax during the period of the first two years if      he/she provides the following documents to the employer before the first       payment of salary:
  1) "Residence Certificate" issued by a competent authority of employee's          resident country 2) "an Application for Tax Exemption" on non-resident's       Korean source income provided under the Korean Tax Treaty. If employee      has already worked more than two years in Korea, he/she shall not be         eligible for tax exemption.
  ? The Employer shall provide Employee with half of the National Pension        Plan Act of Korea. American or Canadian employee is eligible for a          pension distribution Corporation when he/she leaves Korea after the          completion of his/her contract.
  ? Employee who completes more than a one-year contract shall be entitled       to receive severance pay(approximately equivalent to the amount of       one month salary).

?13?  (????)  ? ???? ?????? ?5?? ??? ??????      28???(??????? 14?, ??????? 14?)? ????? ??.
  ? ?19?? ??? ????? ????? ???? ??? ???      ?? ???? ??? ????? 7???? ??? ? ??.
  ? ? ????? ?? ???? 15??? ??????? ???        ???? ??? ??? ??.

Article 13  (Vacation)  ? Employee shall be entitled to a vacation period of      total of a twenty eight (28) workdays during the Term of the             Employment set forth in Article 5 hereof, provided that employees           working in a school system shall take the leave up to fourteen(14)          workdays each during the summer and winter recess.
  ? Employee who will take the 4 week training course stated in Article      19 hereof shall be adjusted the first paid vacation period from fourteen        (14) workdays into seven(7) workdays..
  ? Employee shall apply for and obtain Employer's consent to take a         leave at least fifteen (15) days in advance.

?14?  (??)  ? ????? ???? ? ??? ? ?? ??? ???      ?? ? ?????? ?? ??? ?? ????? ?? ? ??.
  ? ???? ??? 7?? ???? ??(??? ????? ??)??      ??? ???? ??????? ????? ??.
  ? ????? ???? ??? ?????? ? 15? ????, 15      ?? ???? ???? ???? ??.

Article 14  (Sick Leave)  ? Employee shall be entitled to a paid sick          leave if an illness or injury prevents him/her from performing the           duties under this Contract, provided, however, that he/she obtains           Employer's prior consent.
  ? When Employee takes a sick leave for more than seven (7) days(inclusive of      a national holiday, Saturday and Sunday), Employee shall submit a practicing      doctor's medical report to Employer.
  ? Employee's paid sick leave during the Term of Employment shall not exceed      fifteen (15) calendar days, Employee may take a further sick leave without pay.

?15?  (????)  ????? ?? ??? ??? ?? ?? ????? ??      ? ??.
    1. ???? ??? ?? 7?
    2. ????? ?? ?? ??? ?? 7?, ?? ?? 5?

Article 15  (Special Leave)  ? Employee may take a Special Leave for a number      of days as set forth below for each of the following events:
  1.  seven (7) calendar days for Employee's marriage.
  2.  seven (7) calendar days for the death of Employee's parent or spouse; five      (5) calendar days for the death of Employee's child.

?16?  (??)  ? ????? ??? ??? ????? ??? ????      ?? ??. ????? ??? ??? ???? ????? ?????      ??.
  ? ????? ???? ??? ??? ??? ?? ???? ?? ??      (??? ?? ??)? ? ? ??.
  ? ????? ?? ? ?? ??? ?? ? ?? ??? ???? ????.

Article 16  (Codes of Conduct)  ? Employee shall not behave in any manner which      may damage or tarnish the reputation of the teaching profession. Employee      shall comply with and observe any codes of conduct applicable to Koran teachers.
  ? Employee shall not engage in any other job (including a part-time job)         during the Term of Employment set forth under Article 5 hereof.
  ? Employee shall not be involved in any activities which may cause harm to      the students or be of detriment to the reputation of the school.

?17? (?? ??)  ? ???? ??? ?? ??? ? ??? ??? ? ??.
  1. ????? ?????? ???? ??
  2. ????? ????? ???? ?????, ???? ??? ?? ??      ?? ??
  3. ????? ??? ?? ?? 1? ?? ???? ??? ?? ?? ??
  4. ????? ??? ???? ??? ??? ???? ??? ?? ??
  5. ????? ??? ?? ??? ??? ?? ?? ???? ????      ???? ??(????? ???? ????? ???? ?? ?? ??      ?? ??)
  6. ? ?? ?15??? ?? ????? ????(?? ? ?? ??)?         ?????? ? 30?? ???? ??
  ? ?? ?1? ??? ??? ??? ? ??? ???? ?? ????      ?????? ??? ?? ???? ???? ?????? ?????      ????. ??? ????? ??? ????.
  ? ?? ?1? ??? ??? ??? ? ??? ???? ?? ???      ?? ?10? ?1?? ?? ???? ?? ????? ??.

Article 17  (Termination of the Contract)  ? Employer may terminate or cancel      this Contract upon occurrence of any one of the following events:
  1.  If Employee violates the laws of the Republic of Korea.
  2.  If Employee fails to perform or unsatisfactorily perform any of the duties      stipulated in this contract.
  3.  If Employee fails to perform continuously his/her duties for more than a      week without any excuse.
  4.  If any of the information provided in Employee's application is neither true      nor accurate.
  5. If it is determined that Employee is prevented from or incapable of performing      his/her duties set forth in Article 3 hereof for a medical reason, whether it is      a physical or psychological ailment. (If requested by Employer, Employee        must be immediately available for a medical examination.)
  6. If the sick leave used by Employee pursuant to Article 15 hereof exceeds      thirty (30) days.
  ? In the event that this Contract is terminated pursuant to the foregoing ?,      Employer shall pay Employee a prorated salary based on the number of days      actually worked by Employee. In such event, Employee shall be responsible        for the return flight to his/her home country. Employee's visa will subsequently      be cancelled.
  ? In the event of termination of this Contract pursuant to any of the             provisions set forth in the foregoing ?, Employee shall immediately refund      the loan to Employer pursuant to Article 10?.

?18?  (?? ?? ??? ??)  ?? ? ???? ???? ??? ??      ? ????? ??? ???? ???? ???.

Article 18  (Matters not explicitly stated in the Contract) Matters not explicitly      stated in the Contract shall be determined by Employer by taking Employee's      concerns into consideration.
 
?19?  (?? ??)  ??? ??? ???? ???? ? ???? ??      ????? ??? ???? ????? ?? ????? 3? ?????      ?? ? 6?? ??? ???? ???? ???? 4? ??? ???       ????? ??. 

Article 19  (Condition of Employment)  Employee who did not obtain a teacher's      license or did but not have a teaching experience more than three(3)          years shall complete a 4-week training course conducted at the place where is        designated by a superintendent of educational affairs of Gyeongsangnam-do for       In-Service education within 6 months of employment period provided under        Article 5 hereof.

?20?  (????)  ?? ??? ?? ???? ????? ?? ? ??         ?? ?? ?? ???? ??? ??? ????? ????? ????      ? ??.

Article 20  (Indemnity) Employee shall indemnify for and keep Employer              harmless from any liability or damages arising from or in relation to any      negligent, intentional or illegal activity of Employee during the Term of          Employment under this Contract.

?21?  (???, ?? ? ??)  ? ? ?? ? ? ???? ?? ??      ? ?? ??? ?????? ??? ???? ??????.
  ? ?? ??? ??? ????, ?? ???? ??? ??? ?? ???.
  ? ????? ?? ??? ???? ??? ??? ???? ???      ????? ??? ?? ????? ??. ?? ??? ????        ??? ??? ?? ???? ??? ? ?? ???? ????        ???? ??? ?? ????? ??? ?? ????.

Article 21  (Governing Law, Language and Venue)  ? The terms of this        Contract and the rights and obligation of the parties hereto shall        be construed, interpreted and determined in accordance with the laws of      the Republic of Korea.
  ? The Governing language of the Contract shall be Korean. This English         translation of this Contract is made for the purpose of convenience.
  ? If a dispute or disagreement should arise in connection with or out of this      Contract, the parties hereto shall first try to resolve it in accordance with      a principle of good faith. However, if the parties fail to mutually resolve        such disputes or disagreements or come to amicable settlements, their          disputes or disagreements shall be finally resolved by arbitration in Seoul,      Korea in accordance with the Commercial Arbitration Rules of the Korean      Commercial Arbitration Board.
?22?  (??)  ???? ????? ? ??? ??? ??? ???      ?? ???? 3? ???? ? 1?? ????, ??? 1??      ?? ????? ????.

Article 22  (Signature)  In witness whereof, the parties hereto sign the             Contract in triplicate on the date entered below with each party retaining       one copy and submitting the third copy for Employee's visa application.






Kind of concerned about the payrate for OT.. I don't quite understand point 14 either.. Gack sorry for the messy copy paste.
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Wrench



Joined: 07 Apr 2005

PostPosted: Wed Jul 05, 2006 6:59 am    Post subject: Reply with quote

Code:
Article 1 (Purpose) This contract is made for the purpose of setting forth the terms and conditions of employment for native English speakers who participate in the English Program in Korea.

제2조 (고용등급) 고용자는 피고용자를 [ 영어 보조 교사 2등급]으로 고용한다.

Article 2 (Status of Employment) Employee shall be hired pursuant to this Contract as a [□ 2nd level English Language Instructor(ELI)].

제3조 (임무) 원어민 영어보조교사로 근무하는 피고용자의 임무는 다음과 같다.
   1. 한국인 교사와 협력 수업을 실시한다.
   2. 영어 수업 관련 자료를 제작한다.
   3. 영어 교육 관련 교육자료의 개발을 보조한다.
   4. 학교 영어 활동 및 기타 특별활동을 지원한다.
   5. 한국인 교사 및 학생에 대한 영어 회화 교육을 실시한다.
   6. 고용자가 지정하는 기타의 업무를 수행한다.

Article 3 (Duties) ELIs shall perform the following duties: 
   1. To assist Korean teachers with their English class(es) and/or jointly conduct English class(es);
   2. To prepare teaching materials for English class(es);
   3. To assist with the development of teaching materials related to English language education;
   4. To assist with activities related to English language education and other extracurricular activities within the place of employment;
   5. To conduct English conversational class(es)/course(s) for Korean teachers and students, and
   6. To perform other duties as designated by Employer.
제4조 (지휘 감독) 피고용자는 고용자가 지정하는 소속기관의 장의 구체적인 지휘 감독을 받아 위 제3조에 정한 임무를 수행한다.

Article 4 (Supervision) Employee shall carry out the duties set forth in the foregoing Article 3 pursuant to and under specific instruction and supervision of the Supervisor of the Work Place designated by Employer.


제5조 (고용기간)① 고용기간은 2006년    월   일부터 2007년    월    일까지로 한다.
    ② 피고용자가 원어민 보조 교사로서 타 시․도에서의 근무 경력이 있더라도, 고용자가 변경되므로 타 시․도에서의 근무 기간이 본 고용 계약 기간에 합산되지 않는다.  따라서, 이 계약은 2006년    월   일을 최초 고용일로 하는 신규 고용이다

Article 5 (Term of Employment) ①The Term of Employment shall commence on     of    , 2006  and end on      of     , 2007.
    ② This employment period is not continuance and should not be considered as continuance of any former employment in other city/province.  Hence, Employer shall hire Employee as a new ELI, commencing on     of      , 2006.


제6조 (사직)  ① 피고용자는 제5조에 규정된 고용 기간 동안 임무를 수행한다.
  ② 그러나 만약 피고용자가 불가피하게 고용기간 중도에 사직할 경우에는 최소한 30일 전에 사직하고자 하는 일자와 사유를 서면으로 고용자에게 통보하여야 한다.
  ③ 피고용자가 사직하는 경우에는 귀국항공료는 피고용자가 부담하며, 피고용자의 비자는 취소된다.

Article 6 (Resignation) ① Employee shall perform the duties set forth under Article 3 hereof during the Term of Employment set forth under Article 5 hereof.
  ② However, if Employee should desire to resign from the English Program In Korea and thereby terminate this Contract, he/she must give Employer a thirty (30) day prior written notice of resignation stating a date of and a reason for resignation.
  ③ In the case of Employee's resignation, the airfare for the return flight shall be borne by Employee, and his/her visa shall be cancelled.

제7조 (근무지) ① 피고용자는 고용자가 지정하는 창원시 소재의 학교, 교육청, 연수기관, 교육기관에서 근무하여야 한다.
  ② 고용자는 피고용자의 근무지를 복수의 기관으로 지정할 수 있다.
  ③ 고용자는 학교 방학 기간 동안 피고용자의 근무지를 교육청, 연수기관 및 교육기관에서 근무하도록 지시할 수 있다. 이 때 피고용자는 추가의 보수를 요구할 수 없다.

Article 7 (Work Place) ① Employee shall work at a Work Place as designated by Employer, and the Work Place may be a school, Provincial Office of Education, training center, or any other educational institute located in Changwon City/Province.
  ② Employer may designate multiple Work Places for Employee.
  ③ Employer may designate Employee to work at a Provincial Office of Education, training center or other educational institute while school is in recess. In this case, Employee shall not claim for any additional pay.


제8조 (근무시간) ① 피고용자는 일일 8시간(점심시간 제외), 주 5일을 근무하며, 토요일과 일요일 및 대한민국 공휴일은 근무하지 않는다.
  ② 피고용자의 근무시간은 대한민국 공무원의 출퇴근 시간을 준용하되, 근무지의 소속기관장이 정하는 바에 의해 조정할 수 있다.
  ③ 피고용자의 주당 실제 수업시간 수는 25시간을 초과하지 않는다. 보충수업으로 주당 실제 수업시간수가 25시간을 초과하는 경우에는 초과하는 시간에 대하여 한국인 교사에게 지급되는 보충수업수당과 동일한 수당을 지급한다.
  ④ 소속기관장은 피고용자에게 위의 근무일 또는 근무시간 이외의 근무를 지시할 수 있다. 이 경우에는 시간외 수당을 지급한다.

Article 8 (Work Hours) ① Employee shall work eight (8) hours per day (excluding lunch hour) for five (5) calendar days per week from Monday to Friday and shall not work on Saturdays, Sundays and any national holidays of the Republic of Korea.
  ② The Work Hours of Employee may follow the normal work schedule of civil servants of the Korean Government; however, such Work Hours may be adjusted by Employer as he/she deems appropriate.
  ③ Actual class instruction hours of Employee shall not exceed twenty five(25) hours per week. If, however, Employee's actual weekly class instruction hours exceed twenty five(25) hours due to supplementary class instruction, Employee shall be entitled to a supplementary class instruction pay at the rate applicable to Korean teachers for the supplementary class instruction hours.
  ④ Employer may require Employee to work overtime in addition to normal Work days and Work Hours.  In this case, overtime pay will be provided.


제9조 (보수) ① 피고용자의 보수는 매월 한화  2,000,000 원이며, 대한 민국 법에 따라 소득세와 국민연금(비상환액)을 원천 징수한다.
  ② 보수는 매월 25일에 지급한다. 만일 이 날이 근무 일이 아닌 경우에는 그 전날에 지급한다.
  ③ 피고용자의 근무 일이 한 달이 되지 않는 경우에는 근무 개시일 또는 종료일에 따라 일할 계산으로 보수를 지급한다.
  ④ 피고용자가 사전 허가 없이 무단결근 하였을 경우에는 결근일수만큼 일할 계산하여 보수에서 공제할 수 있다.
  ⑤ 피고용자는 본 계약에 규정된 보수 이외에는 일체의 다른 보수를 청구할 수 없다.
  ⑥ 피고용자는 첫 월급의 10%를 주거 보증금으로 적립하고, 계약 완료 시 주거지에 심각한 문제가 없는 경우에 돌려준다.

Article 9 (Salary) ① Employee shall be paid the total amount of 2,000,000 Korean Won per month. However, the Korean income tax and the national pension contribution (non refundable payment), as required under Korean law, shall be withheld each month from Employee's salary.
  ② Employee's salary shall be paid on the 25th of each month. If this day falls on a national holiday, Saturday or Sunday, the salary will be paid on the immediately preceding business day.
  ③ When Employee has not worked a full month, salary for that month shall be paid on a pro rata basis either from the first day or until the last day of work.
④ If Employee should be absent from work without having obtained a prior approval, Employee's salary for that month shall be lessened by the amount calculated on a pro rata basis for the number of unauthorized absent days.
  ⑤ Employee shall not claim, against Employer, any compensation and/or payment other than those provided for in this Contract.
  ⑥ Employer shall save up 10% of first payment as house deposit money, and unless there are serious problems with house, he shall return the deposit money at the end of the contract.


제10조 (재계약) ① 제5조에서 정한 고용기간은 피고용자와 고용자간의 합의에 의하여 1년 단위로 재계약 할 수 있다.
  ② 본 조 제1항의 규정에 의해 재계약을 체결하는 경우 피고용자는 고용기간 만료일 2주일 전부터 재계약 고용개시일 직전 일까지 2주간 본국을 방문할 수 있다. 이 본국 방문기간은 고용기간에 포함되며, 따라서 보수가 지급된다.
  ③ 재계약을 체결한 피고용자가 본국을 방문하는 경우에 한하여 고용자는 한국 인천 공항과 피고용자 본국 거주 지역까지의 최단거리 왕복 3등석 항공료를 피고용자에게 재 입국 후 제11조 제1항에 따라 지급한다.

Article 10 (Renewal) ① The Term of Employment stated in Article 5 hereof may be renewed by the mutual written agreement between Employer and Employee, provided that each renewed employment term does not exceed one (1) year.
  ② In the case of renewal of this Contract pursuant to the foregoing ①, Employee shall be given two weeks for a home leave which shall take place 2 calendar weeks prior to the contract end date specified in Article 5 hereof until the day immediately preceding the commencement of the renewed term. This two week home leave will be counted as part of the contract term, and accordingly salary will be paid.
  ③ In the event that the employee travels to his/her home country pursuant to the foregoing ②, Employee's round trip airfare shall be reimbursed by Employer after Employee's return to Korea.  The round trip airfare for Employee's flight shall be based on rate provided for in Article 11 ① hereafter.

제11조 (항공료) ① 피고용자의 입국항공료는, 피고용자의 입국 후 고용자가 피고용자의 거주 지역에서 한국 인천 공항까지의 최단 거리를 기준으로 한 3등석 항공요금을 대여한다. 사유의 여하를 불문하고 고용계약 개시일로부터 6개월 미만에 본 계약이 조기에 종료되는 경우 피고용자 (재계약자 포함)는 계약종료 즉시 위 대여금을 고용자에게 반환한다. 피고용자가 고용기간 개시일로부터 6개월 이상 근무하는 경우 본 항에 의한 대여금의 상환 의무는 면제된다.
  ② 피고용자가 고용기간 만료 시까지 근무하고 고용기간이 만료되는 날로부터 10일 이내에 본국으로 귀국하는 경우 고용자는 제1항에 준하는 귀국항공료를 지급한다.
  ③ 피고용자가 피고용자 거주 지역에서 입국할 경우 왕복 항공료 기준이며, 국내 거주지일 경우와 국내에서 일을 하고 있었을 경우는 귀국 항공료만 지급한다.

Article 11 (Airfare) ① The airfare for Employee's flight, actual purchasing price, to Korea shall be loaned by Employer based on an economy class airfare of the most direct flight available from his/her permanent residence to Incheon Airport. In case of the termination of this Contract within six (6) months, including renewals, regardless of course or ground therefore, Employee shall immediately
pay back Employer the above mentioned loan. If Employee works more than six (6) months during the term of Employment from the date of commencement, Employee's obligation to pay back the loan provided pursuant to this provision shall be waived by Employer.
  ② If Employee works fully until the end of the Term of Employment and returns to his/her home country within 10 days from the expired date of the Term of Employment, Employer shall pay for Employee's return flight based on the rate provided for in the foregoing ①.
  ③ Employer shall pay for a round-trip flight fare to employee who lives overseas, but pay for a one-way flight fare to employee who lives in Korea.

제12조 (주거) ① 고용자는 피고용자에게 고용자가 선정한 주거를 제공한다. 주거 형태는 임대주택, 원룸, 또는 아파트를 포함하나 이에 한정되지 않는다. 주거의 사용에 따른 제세공과금은 피고용자의 부담으로 한다.
  ② 고용자가 고용 기간 동안 주거를 제공하지 못하는 경우 고용자는 피고용자에게 매월 한화 300,000원의 주거비를 지원한다.
  ③ 피고용자의 주거가 선정될 때까지 고용자는 임시주거를 제공할 수 있다.
  ④ 주거를 제공할 것인지 주거비를 지원할 것인지는 피고용자의 의견을 들어 피고용자가 결정하며, 일단 결정한 이후에는 고용 기간 동안 이를 변경할 수 없다.
  ⑤ 고용자가 주거를 제공하는 경우 고용자는 침대, 식탁 및 의자, 옷장, 가스렌지, 냉장고, 세탁기, 전자렌지, 텔레비젼 등의 가전제품 및 가구를 제공할 수 있으며, 피고용자는 고용자가 제공하는 가전제품 및 가구 이외의 물품을 요구할 수 없다.

Article 12 (Housing) ① Employer shall provide Employee with housing selected by Employer. Housing selected by Employer may be, including but not limited to, a leased house, a studio-type room, or an apartment. Any and all fees, charges, costs, taxes, expenses, etc. incurred in using the housing shall be borne by Employee.
  ② If Employer is not able to provide housing for Employee, Employer shall provide Employee with 300,000 Korean Won per month, as a rent subsidy, in lieu of the housing set forth in the foregoing ①.
  ③ Employer may provide temporary housing until the appropriate housing for Employee becomes available.
  ④ Employer shall decide whether to provide Employee with housing or a rent subsidy after discussion with the employee. Once decided, Employer's decision shall not be subsequently changed during the term of Employment.
  ⑤ If Employer provides housing to Employee, Employer may provide, appliances and furniture such as a bed, table and chairs, a closet, a gas range, a refrigerator, a washing machine, a microwave, and a TV set. Employee shall not request or demand any other appliances or furniture than those provided by Employer.

제13조 (기타 혜택) ① 고용자는 피고용자에게 정착금 300,000원을 고용계약 첫해 1회에 한하여 지급한다.  사유의 여하를 불문하고 고용계약 개시일로부터 6개월 미만에 본 계약이 조기에 종료되는 경우 피고용자는 계약종료 즉시 정착금을 고용자에게 반환한다.
  ② 고용자는 피고용자에게 의료보험료(피고용자 1인을 원칙으로 하되, 가족 동반 시에는 가족의료보험료 포함) 50%를 지원한다.
  ③ 서울특별시, 6개 광역시 및 경기도가 아닌 다른 도에 근무하는 피고용자에게는 지방 수당을 매월100,000씩 지급한다
  ④ 캐나다를 제외한 타국적 피고용자는 소정의 서류(피고용자의 거주지국의 권한 있는 당국자가 발급하는
��거주자증명서��와 근로소득에 대하여 조세조약에 따른 ��소득세 면제 신청서��)를 최초의 보수 지급전에 고용주에게 제출하면 최초 2년간 대한민국 소득세를 감면 받을 수 있다. 한국에서 이미 2년 이상 근무한 피고용자는 소득세 감면 혜택을 받을 수 없다.
  ⑤ 고용주는 국민연금보험료의 50%(월보수액의 약4.5%)를 피고용자에게 지원한다. 미국 및 캐나다 국적의 피고용자는 계약종료 후 한국을 떠날 때 소정의 서류를 국민연금관리공단에 제출하면 불입한 국민연금보험료를 환불 받을 수 있다.
  ⑥ 피고용자가 1년 이상의 고용계약을 마치면 약 1개월의 보수에 해당하는 퇴직금을 받을 수 있다.
  ⑦ 피고용자가 1등급으로 동일 시․도 교육청에서 2년간 근무하고 재계약을 하는 경우에는 월 200,000원의 특별 수당을 받을 수 있다 
  ➇ 고용자는 피고용자가 추가 근무지에서 근무를 할 경우 교통비로 매월 10만원을 지급한다.

Article 13 (Other Benefits) ① Employee shall be entitled to one time only settlement allowance of 300,000 Korean Won, when he/she first arrives in Korea.  In case of the termination of this contract within six (6) months, regardless of course or ground therefore, Employee shall immediately pay back Employer the fore mentioned allowance.
  ② Employer shall provide Employee with half of the medical insurance pursuant to the National Medical Insurance Act of Korea. In the event Employee has his/her family living with him or her in Korea, Employer will also provide and pay for medical insurance premium for Employee's family.
  ③ Employee who is working for a province other than Seoul, the 6 Metropolitan Cities, or Gyeonggi Province shall be entitled to be paid provincial allowance of 100,000 Korean won every month.
  ④ Employees with the exception of Canadians, shall be eligible for exemption from paying Korean income tax during the period of the first two years if he/she provides the following documents to the employer before the first payment of salary:
    1)"Residence Certificate" issued by a competent authority of employee's resident country 2) ��an Application for Tax Exemption" on non-resident's Korean source income provided under the Korean Tax Treaty. If employee has already worked more than two years in Korea, he/she shall not be eligible for tax exemption.
  ⑤ The employer shall provide employee with half of the national pension plan deduction(approximately 4.5% of salary) pursuant to the National Pension Corporation Act of Korea. American or Canadian employee is eligible for a pension distribution refund if he/she submits the required documents to the Korean National Pension Corporation when he/she leaves Korea after the completion of his/her contract.
  ⑥ Employee who completes more than a one-year contract shall be entitled to receive severance pay(approximately equivalent to the amount of one month salary)
  ⑦ Employee who renews the contract after two years of service with the same employer as a first level ELI shall be entitled to special allowance of 200,000 Korean won per month. 
  ➇Employer shall pay the transportation fee, 100,000KRW every month to the employee who works two schedules.

제14조 (유급휴가) ① 고용자는 피고용자에게 제5조에 규정한 고용 기간 동안 14근무일(여름 방학 기간 중 7일, 겨울 방학 기간 중 7일, 단 연수기관 근무 시는 한 학기당 7일씩 연수에 지장 없이)의 유급휴가를 주되, 원활한 업무진행을 위해 고용자는 피고용자와 협의하여 휴가시기를 조정할 수 있다.
  ② 이 유급휴가를 받기 위해서는 15일전에 소속기관장에게 휴가를 신청하여 승인을 받아야 한다.

Article 14 (Vacation) ① Employee shall be entitled to a vacation period of total of a fourteen (14)
workdays during the Term of the Employment set forth in Article 5 hereof, provided that employees working in a school system shall take the leave up to seven workdays each during the summer and winter recess and employees working in a training center shall take the leave up to seven workdays each, during each semester, not interfering with the training sessions. If the requested vacation period interferes with smooth work operations, employer/employee alternate vacation dates.
  ② Employee shall apply for and obtain Employer's consent to take a leave at least fifteen (15) days in advance.

제15조 (병가) ① 피고용자는 고용기간 중 출근할 수 없는 정도의 질환이 있을 때 소속기관장의 사전 승인을 받아 유급병가를 받을 수 있다.
  ② 유급병가 기간이 7일을 초과하는 경우(휴일과 비 근무 일을 포함)에는 의사의 진단서를 소속기관장에게 제출하여야 한다.
  ③ 피고용자의 유급병가 기간은 고용 기간 동안 총 15일 이내이며, 15일을 초과하는 경우에는 무급으로 한다.

Article 15 (Sick Leave) ① Employee shall be entitled to a paid sick leave if an illness or injury prevents him/her from performing the duties under this Contract, provided, however, that he/she obtains Employer's prior consent.
  ② When Employee takes a sick leave for more than seven (7) days (inclusive of a national holiday, Saturday and Sunday), Employee shall submit a practicing doctor's medical report to Employer.
  ③ Employee's paid sick leave during the Term of Employment shall not exceed fifteen (15) calendar days. If Employee requires a sick leave for more than fifteen (15) calendar days, Employee may take a further sick leave without pay.

제16조 (특별휴가) ① 피고용자는 다음 각호의 사유가 있을 경우 특별휴가를 받을 수 있다.
   1. 피고용자 본인의 결혼 7일
   2. 피고용자의 부모 또는 배우자 사망 7일, 자녀 사망 5일
   3. 피고용자 본인의 출산 전후를 합하여 90일
   ② 본 조 제1항 각 호는 보수가 지급되나, 제3호는 최초 60일에 한하여 보수가 지급된다.

Article 16 (Special Leave) ① Employee may take a Special Leave for a number of days as set forth below for each of the following events:
   1. Seven (7) calendar days for Employee's marriage.
   2. Seven (7) calendar days for the death of Employee's parent or spouse; five (5) calendar days for the death of Employee's child.
   3. In case of a female Employee, ninety (90) calendar days for a maternity leave.
   ② Special leaves specified in items ① are available with pay. However, maternity leave shall be  available with pay for only the first sixty days.

제17조 (복무) ① 피고용자는 교사의 품위를 손상시키는 행동을 하여서는 아니 된다. 피고용자는 한국인 교사에 적용되는 복무규정을 준수하여야 한다.
  ② 피고용자는 고용자가 지정한 근무지 이외의 다른 기관에서 영업 행위(시간제 근무 포함)를 할 수 없다.
  ③ 피고용자는 학교 및 학생 교육을 해칠 수 있는 활동을 하여서는 아니 된다.
   
Article 17 (Codes of Conduct) ① Employee shall not behave in any manner which may damage or tarnish the reputation of the teaching profession. Employee shall comply with and observe any codes
of conduct applicable to Korean teachers.
  ② Employee shall not engage in any other job (including a part-time job) during the Term of Employment set forth under Article 5 hereof.
  ③ Employee shall not be involved in any activities which may cause harm to the students or be of detriment to the reputation of the school.

제18조 (계약 해지) ① 고용자는 다음과 같은 경우에 본 계약을 해지할 수 있다.
   1. 피고용자가 대한 민국 법을 위반하는 경우
   2. 피고용자가 계약사항을 이행하지 아니하거나, 성실하게 임무를 수행하지 않는 경우
   3. 피고용자가 특별한 이유 없이 1주 이상 연속하여 근무를 하지 않은 경우
   4. 피고용자가 제출한 지원서의 내용이 사실이 아니거나 거짓이 있는 경우
   5. 피고용자가 신체적 또는 정신적 질환이 있어 계속 근무하기 어렵다고 판단되는 경우(피고용자는 고용자가 건강진단을 요구하면 즉시 이에 응하여야 한다)
   6. 본 계약 제15조에서 정한 피고용자의 병가기간(유급 및 무급 포함)이 고용 기간 동안 총 30일을 초과하는 경우
  ② 본 조 제1항 각호의 사유로 인하여 본 계약이 해지되는 경우 고용자는 피고용자에게 보수를 일할 계산하여 지급하며 귀국항공료는 피고용자가 부담한다. 그리고 피고용자의 비자는 취소된다.
  ③ 본 조 제1항 각호의 사유로 인하여 본 계약이 해지되는 경우 피고용자는 제11조 제1항에 따라 대여금을 즉시 상환하여야 한다.

Article 18 (Termination of the Contract) ① Employer may terminate or cancel this Contract upon occurrence of any one of the following events:
   1. If Employee violates the laws of the Republic of Korea.
   2. If Employee fails to perform or unsatisfactorily perform any of the duties stipulated in this contract.
   3. If Employee fails to perform continuously his/her duties for more than a week without any excuse.
   4. If any of the information provided in Employee's application is neither true nor accurate.
   5. If it is determined that Employee is prevented from or incapable of performing his/her duties set forth in Article 3 hereof for a medical reason, whether it is a physical or psychological ailment. (If requested by Employer, Employee must be immediately available for a medical examination.)
   6. If the sick leave used by Employee pursuant to Article 15 hereof exceeds thirty (30) days.
  ② In the event that this Contract is terminated pursuant to the foregoing ①, Employer shall pay Employee a prorated salary based on the number of days actually worked by Employee. In such event, Employee shall be responsible for the return flight to his/her home country. Employee's visa will subsequently be cancelled.
  ③ In the event of termination of this Contract pursuant to any of the provisions set forth in the foregoing ①, Employee shall immediately refund the loan to Employer pursuant to Article 11① .

제19조 (계약 조항 이외의 사항) 기타 본 계약서에 규정되지 아니한 사항은 피고용자의 의견을 수렴하여 고용자가 정한다.

Article 19 (Matters not explicitly stated in the Contract) Matters not explicitly stated in the Contract shall be determined by Employer by taking Employee's concerns into consideration .

제20조 (사전연수 이수) ① 피고용자는 고용개시일 직전 Worldhunt에서 시행하는 1주 동안의 사전연수를 이수하여야 한다.
② 사전연수 기간은 제5조의 고용기간에 포함되지 않으며, 따라서 보수가 지급되지 않는다.
  ③ 만일 피고용자가 사전연수를 이수하지 못하는 경우에는 본 계약이 무효화됨과 동시에 본국으로 귀국   하여야 하고 귀국항공료는 피고용자가 부담하며, 피고용자의 비자는 취소된다. 또한 제11조 제1항에 규정된 입국항공료 상당액의 대여금은 지급하지 아니한다.

Article 20 (Condition of Employment) ① Employee shall complete a 1 week orientation conducted by World Hunt immediately before the commencement of the Term of Employment provided under Article 5 hereof.
  ② The orientation period shall not be included in the Term of Employment as under Article 5. Thus, Employee will not be entitled to any compensation.
  ③ If Employee fails to fully complete the orientation, this Contract shall be subsequently terminated and Employee must return to his/her home country. In that case, the return airfare shall be borne by Employee, and the loan for the flight to Korea provided for in Article 11 ① shall not be available to Employee. Employee's visa shall be cancelled.

제21조 (손해배상) 본건 계약의 이행 과정에서 피고용자의 과실 및 위법 행위 또는 이와 관련하여 발생된 손해는 피고용자가 고용자에게 배상하여야 한다.

Article 21 (Indemnity) Employee shall indemnify for and keep Employer harmless from any liability or damages arising from or in relation to any negligent, intentional or illegal activity of Employee during the Term of Employment under this Contract.
제22조 (준거법, 언어 및 관할) ① 본 계약 및 본 계약상의 권리 의무에 관한 사항은 대한 민국 법에 의하여 해석되고 결정되어진다.
  ② 본건 계약의 언어는 한글이며, 다른 언어로의 번역은 편의를 위한 것이다.
  ③ 당사자들은 본건 계약과 관련하여 발생된 분쟁을 해결하기 위하여 신의성실의 원칙에 따라 노력하여야 한다. 본건 계약과 관련하여 발생된 분쟁을 상호 원만하게 해결할 수 없을 경우에는 대한상사 중재원의 규칙에 따라 최종적으로 중재에 의해 해결된다.

Article 22 (Governing Law, Language and Venue) ① The terms of this Contract and the rights and obligations of the parties hereto shall be construed, interpreted and determined in accordance with the laws of the Republic of Korea.
  ② The Governing language of the Contract shall be Korean. The English translation of this Contract is made for the purpose of convenience.
  ③ If a dispute or disagreement should arise in connection with or out of this Contract, the parties hereto shall first try to resolve it in accordance with a principle of good faith. However, if the parties fail to mutually resolve such disputes or disagreements or come to amicable settlements, their disputes or disagreements shall be finally resolved by arbitration in Seoul, Korea in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board.




This is the other contract. Its a little better.
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Grotto



Joined: 21 Mar 2004

PostPosted: Wed Jul 05, 2006 7:14 am    Post subject: Reply with quote

Article 2 (Status of Employment) Employee shall be hired pursuant to this Contract as a [ ? Foreign Language Teacher(FLT)/ ? Foreign Language Instructor(FLI) ].

Article 3 (Duties) FLT or FLI shall perform the following duties :
1. To work at high schools or middle schools of Changnyeong-gun;
2. To assist Korean teachers with their foreign language class(es) and/or jointly conduct foreign language class(es);
3. To prepare teaching materials for foreign language class(es);
4. To assist with the development of teaching materials related to foreign language education;
5. To assist with activities related to foreign language education and other extracurricular activities within the place of employment;
6. To conduct foreign language conversational class(es)/course(s) for Korean teachers and students;
7. To perform other duties as designated by Employer.

This looks like a typical government contract...I always push for deleting #7....its too vague and has no place in a contract!

Article 4 (Term of Employment) ? The Term of Employment shall commence on July 1st, 2005 and end on June 30th, 2006.
? This employment period is not continuance and should not be considered as continuance of any former employment in other city/province. Hence, Employer shall hire Employee as a new FLT/FLI, commencing on July 1st, 2005.

Article 5 (Resignation) ? Employee shall perform the duties set forth under Article 3 hereof during the Term of Employment set forth under Article 4 hereof.
? However, if Employee should desire to resign from the Foreign Language Program in Changnyeong and thereby terminate this Contract, he/she must give Employer a thirty (30) day prior written notice of resignation stating a date of and a reason for resignation.
? In the case of Employee's resignation, the airfare for the return flight shall be borne by Employee, and his/her visa shall be cancelled.

airfare to Korea should be waived after 6 months!


Article 6 (Work Place) ? Employee shall work at a Work Place as designated by Employer, and the Work Place may (will) be schools located in Changnyeong-gun.

? Employer may designate multiple Work Places for Employee.
? Employer may designate Employee to work at a Office of Education or English Immersion Camp in Changnyeong-gun while school is in recess. In this case, Employee shall not claim for any additional pay.

Article 7 (Wok Hours) ? Employee shall work eight (Cool hours per day (excluding lunch hour) for five (5) calendar days per week from Monday to Friday and shall not work on Saturdays, Sundays and any national holidays of the Republic of Korea.
? The Work Hours of Employee may follow the normal work schedule of civil servants of the Korean Government; however, such Work Hours may be adjusted by Employer as he/she deems appropriate.
? Actual class instruction hours of Employee shall not exceed twenty two(22) hours per week. If, however, Employee's actual weekly class instruction hours exceed twenty two(22) hours due to supplementary class instruction, Employee shall be entitled to a supplementary class instruction pay at the rate applicable to Korean teachers for the supplementary class instruction hours.
? Employer may require (request) Employee to work overtime in addition to normal Work days and Work Hours. In this case, overtime pay will be provided.


Article 8 (Salary) ? Employee shall be paid the total amount of 2,200,000 Korean Won per month. However, the Korean income tax, medical insurance premium and the national pension contribution, as required under Korean law, shall be withheld each month from Employee's salary.
? Employee's salary shall be paid on the 17th day of each month. If this day falls on a national holiday, Saturday or Sunday, the salary will be paid on the immediately preceding business day.
? When Employee has not worked a full month, salary for that month shall be paid on a prorata basis either from the first day or until the last day of work.

you really want them to show how this prorated basis will work. salary/# of working days in month X # of days actually worked.

? If Employee should be absent from work without having obtained a prior approval, Employee's salary for that month shall be lessened by the amount calculated on a prorata basis for the number of unauthorized absent days.

illegal deductions....how do you get prior approval for sickness? Oh by the way next Wednesday I plan on having a fever and vomiting, can I claim that as a sick day? Rolling Eyes

? Employee shall not claim, against Employer, any compensation and/or payment other than those provided for in this Contract.


Article 9 (Renewal) ? The Term of Employment stated in Article 5 hereof may be renewed by the mutual written agreement between Employer and Employee, provided that each renewed employment term does not exceed one (1) year.
? Employer make a notice of renewal in written at least 2 months prior to the expired date of term of Employment. And also, Employee let employer know the intention of the renewal before 2 months of the termination of this contract.
? In the event that the employee travels to his/her home country before the term of the renewal, Employee's round trip airfare shall be reimbursed by Employer after Employee's return to Korea. The round trip airfare for Employee's flight shall be based on rate provided for in Article 10 ? hereafter.

Article 10 (Airfare) ? The airfare for Employee's flight, actual purchasing price, to Korea shall be loaned by Employer based on an economy class airfare of the most direct flight available from his/her permanent residence to Incheon Airport. In case of the termination of this Contract within six (6) months, including renewals, regardless of course or ground therefore, Employee shall immediately pay back Employer the above mentioned loan. If Employee works more than six (6) months during the term of Employment from the date of commencement, Employee's obligation to pay back the loan provided pursuant to this provision shall be waived by Employer.
? If Employee works fully until the end of the Term of Employment and returns to his/her home country within 10 days from the expired date of the Term of Employment, Employer shall pay for Employee's return flight based on the rate provided for in the foregoing ?.

Article 11 (Housing) ? Employer shall provide Employee with housing selected by Employer. Housing selected by Employer may be, including but not limited to, a leased house, a studio-type room, or an apartment. Any and all fees, charges, costs, taxes, expenses, etc. incurred in using the housing shall be borne by Employee.
? If Employer is not able to provide housing for Employee, Employer shall provide Employee with 300,000 Korean Won per month, as a rent subsidy, in lieu of the housing set forth in the foregoing ?.
? Employer may provide temporary housing until the appropriate housing for Employee becomes available.
? Employer shall decide whether to provide Employee with housing or a rent subsidy after discussion with the employee, Once decided, Employer's decision shall not be subsequently changed during the term of Employment.
? If Employer provides housing to Employee, Employer may (will) provide, appliances and furniture such as a bed, table and chairs, a closet, a gas range, a refrigerator, a washing machine, a microwave, and a TV set. Employee shall not request or demand any other appliances or furniture than those provided by Employer.

DEMAND AIR CON.....other people in the public schools have demanded and recieved it!

Article 12 (Other Benefits) ? Employee shall be entitled to one time only settlement allowance of 300,000 Korean Won, when he/she first arrives in Korea. In case of the termination of this contract within six (6) months, regardless of course or ground therefore, Employee shall immediately pay back Employer the fore mentioned allowance.
? Employer shall provide Employee with half of the medical insurance pursuant to the National Medical Insurance Act of Korea. In the event Employee has his/her family living with him or her in Korea, Employer will also provide and pay for medical insurance premium for Employee's family.
? Employees with the exception of Canadians, shall be eligible for exemption from paying Korean income tax during the period of the first two years if he/she provides the following documents to the employer before the first payment of salary:
1) "Residence Certificate" issued by a competent authority of employee's resident country 2) "an Application for Tax Exemption" on non-resident's Korean source income provided under the Korean Tax Treaty. If employee has already worked more than two years in Korea, he/she shall not be eligible for tax exemption.
? The Employer shall provide Employee with half of the National Pension Plan Act of Korea. American or Canadian employee is eligible for a pension distribution Corporation when he/she leaves Korea after the completion of his/her contract.
? Employee who completes more than a one-year contract shall be entitled to receive severance pay(approximately equivalent to the amount of one month salary).

Article 13 (Vacation) ? Employee shall be entitled to a vacation period of total of a twenty eight (2Cool workdays during the Term of the Employment set forth in Article 5 hereof, provided that employees working in a school system shall take the leave up to fourteen(14) workdays each during the summer and winter recess.
? Employee who will take the 4 week training course stated in Article 19 hereof shall be adjusted the first paid vacation period from fourteen (14) workdays into seven(7) workdays..
? Employee shall apply for and obtain Employer's consent to take a leave at least fifteen (15) days in advance.

better than usual vacation time.

Article 14 (Sick Leave) ? Employee shall be entitled to a paid sick leave if an illness or injury prevents him/her from performing the duties under this Contract, provided, however, that he/she obtains Employer's prior consent.
? When Employee takes a sick leave for more than seven (7) days(inclusive of a national holiday, Saturday and Sunday) this should be deleted! What does it matter if you are sick on your days off?, Employee shall submit a practicing doctor's medical report to Employer.
? Employee's paid sick leave during the Term of Employment shall not exceed fifteen (15) calendar days, Employee may take a further sick leave without pay.

Article 15 (Special Leave) ? Employee may take a Special Leave for a number of days as set forth below for each of the following events:
1. seven (7) calendar days for Employee's marriage.
2. seven (7) calendar days for the death of Employee's parent or spouse; five (5) calendar days for the death of Employee's child.

Article 16 (Codes of Conduct) ? Employee shall not behave in any manner which may damage or tarnish the reputation of the teaching profession. Employee shall comply with and observe any codes of conduct applicable to Koran teachers.
? Employee shall not engage in any other job (including a part-time job) during the Term of Employment set forth under Article 5 hereof.
? Employee shall not be involved in any activities which may cause harm to the students or be of detriment to the reputation of the school.

Article 17 (Termination of the Contract) ? Employer may terminate or cancel this Contract upon occurrence of any one of the following events:
1. If Employee violates the laws of the Republic of Korea.
2. If Employee fails to perform or unsatisfactorily perform any of the duties stipulated in this contract.
3. If Employee fails to perform continuously his/her duties for more than a week without any excuse.
4. If any of the information provided in Employee's application is neither true nor accurate.
5. If it is determined that Employee is prevented from or incapable of performing his/her duties set forth in Article 3 hereof for a medical reason, whether it is a physical or psychological ailment. (If requested by Employer, Employee must be immediately available for a medical examination.)
6. If the sick leave used by Employee pursuant to Article 15 hereof exceeds thirty (30) days.
? In the event that this Contract is terminated pursuant to the foregoing ?, Employer shall pay Employee a prorated salary based on the number of days actually worked by Employee. In such event, Employee shall be responsible for the return flight to his/her home country. Employee's visa will subsequently be cancelled.
? In the event of termination of this Contract pursuant to any of the provisions set forth in the foregoing ?, Employee shall immediately refund the loan to Employer pursuant to Article 10?.



Article 18 (Matters not explicitly stated in the Contract) Matters not explicitly stated in the Contract shall be determined by Employer by taking Employee's concerns into consideration.

bullcrap clause!



Article 19 (Condition of Employment) Employee who did not obtain a teacher's license or did but not have a teaching experience more than three(3) years shall complete a 4-week training course conducted at the place where is designated by a superintendent of educational affairs of Gyeongsangnam-do for In-Service education within 6 months of employment period provided under Article 5 hereof.



Article 20 (Indemnity) Employee shall indemnify for and keep Employer harmless from any liability or damages arising from or in relation to any negligent, intentional or illegal activity of Employee during the Term of Employment under this Contract.

Article 21 (Governing Law, Language and Venue) ? The terms of this Contract and the rights and obligation of the parties hereto shall be construed, interpreted and determined in accordance with the laws of the Republic of Korea.
? The Governing language of the Contract shall be Korean. This English translation of this Contract is made for the purpose of convenience.
? If a dispute or disagreement should arise in connection with or out of this Contract, the parties hereto shall first try to resolve it in accordance with a principle of good faith. However, if the parties fail to mutually resolve such disputes or disagreements or come to amicable settlements, their disputes or disagreements shall be finally resolved by arbitration in Seoul, Korea in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board.

Article 22 (Signature) In witness whereof, the parties hereto sign the Contract in triplicate on the date entered below with each party retaining one copy and submitting the third copy for Employee's visa application.

typical GEPIK contract although there have been a few changes to it. Its not a perfect beast but a public school job will always be better than hogwan hell
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Grotto



Joined: 21 Mar 2004

PostPosted: Wed Jul 05, 2006 7:19 am    Post subject: Reply with quote

Quote:
② The Governing language of the Contract shall be Korean. The English translation of this Contract is made for the purpose of convenience.


for the second contract this is totally unacceptable! It needs to be changed to English and the Korean translation is for the purpose of convenience!
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alabamaman



Joined: 25 Apr 2006

PostPosted: Wed Jul 05, 2006 7:48 am    Post subject: Reply with quote

Posted: Wed Jul 05, 2006 7:14 am Post subject:

--------------------------------------------------------------------------------

Article 2 (Status of Employment) Employee shall be hired pursuant to this Contract as a [ ? Foreign Language Teacher(FLT)/ ? Foreign Language Instructor(FLI) ].

Article 3 (Duties) FLT or FLI shall perform the following duties :
1. To work at high schools or middle schools of Changnyeong-gun;
2. To assist Korean teachers with their foreign language class(es) and/or jointly conduct foreign language class(es);
3. To prepare teaching materials for foreign language class(es);
4. To assist with the development of teaching materials related to foreign language education;
5. To assist with activities related to foreign language education and other extracurricular activities within the place of employment;
6. To conduct foreign language conversational class(es)/course(s) for Korean teachers and students;
7. To perform other duties as designated by Employer.

This is why I like to have things specified in contracts. You don't end up cleaning toliets, correcting thirty papers, phone call teaching, and all that wonderful crap.

Article 4 (Term of Employment) ? The Term of Employment shall commence on July 1st, 2005 and end on June 30th, 2006.

Term of employment commences when you get your employment visa, and contractual language should reflect that. Recruiters/schools write crap contractual language leaving out the specifics. Dont work for pay without the E2 Visa unless you have it allready.

This employment period is not continuance and should not be considered as continuance of any former employment in other city/province. Hence, Employer shall hire Employee as a new FLT/FLI, commencing on July 1st, 2005.

Article 5 (Resignation) ? Employee shall perform the duties set forth under Article 3 hereof during the Term of Employment set forth under Article 4 hereof.
? However, if Employee should desire to resign from the Foreign Language Program in Changnyeong and thereby terminate this Contract, he/she must give Employer a thirty (30) day prior written notice of resignation stating a date of and a reason for resignation.
? In the case of Employee's resignation, the airfare for the return flight shall be borne by Employee, and his/her visa shall be cancelled.

Crap Crap Crap. If your employer violates the conditions of employments numerious times, you've tried to work the problem out, then to hell with paying the airfare. airfare to Korea should be waived after 6 months!

Article 6 (Work Place) ? Employee shall work at a Work Place as designated by Employer, and the Work Place may (will) be schools located in Changnyeong-gun.

You can only work at one place unless Immigration has given you permission to work elsewhere. ?

Employer may designate multiple Work Places for Employee.
? Employer may designate Employee to work at a Office of Education or English Immersion Camp in Changnyeong-gun while school is in recess. In this case, Employee shall not claim for any additional pay.

Legally they can't if it wasn't specified on Visa Application papers, and ARC. If they are not willing to comply with law, then that's another issue all together. Working without pay is illegal. Tell them to kiss your ass about the pay issues. They are full of crap. What does your recruiter advise you on this contract? Is he she willing to go to bat for you?

Article 7 (Wok Hours) ? Employee shall work eight ( hours per day (excluding lunch hour) for five (5) calendar days per week from Monday to Friday and shall not work on Saturdays, Sundays and any national holidays of the Republic of Korea.
? The Work Hours of Employee may follow the normal work schedule of civil servants of the Korean Government; however, such Work Hours may be adjusted by Employer as he/she deems appropriate.
? Actual class instruction hours of Employee shall not exceed twenty two(22) hours per week. If, however, Employee's actual weekly class instruction hours exceed twenty two(22) hours due to supplementary class instruction, Employee shall be entitled to a supplementary class instruction pay at the rate applicable to Korean teachers for the supplementary class instruction hours.
? Employer may require (request) Employee to work overtime in addition to normal Work days and Work Hours. In this case, overtime pay will be provided.


Article 8 (Salary) ? Employee shall be paid the total amount of 2,200,000 Korean Won per month. However, the Korean income tax, medical insurance premium and the national pension contribution, as required under Korean law, shall be withheld each month from Employee's salary.
? Employee's salary shall be paid on the 17th day of each month. If this day falls on a national holiday, Saturday or Sunday, the salary will be paid on the immediately preceding business day.
? When Employee has not worked a full month, salary for that month shall be paid on a prorata basis either from the first day or until the last day of work.

you really want them to show how this prorated basis will work. salary/# of working days in month X # of days actually worked.

? If Employee should be absent from work without having obtained a prior approval, Employee's salary for that month shall be lessened by the amount calculated on a prorata basis for the number of unauthorized absent days.

illegal deductions....how do you get prior approval for sickness? Oh by the way next Wednesday I plan on having a fever and vomiting, can I claim that as a sick day?

? Employee shall not claim, against Employer, any compensation and/or payment other than those provided for in this Contract.


Article 9 (Renewal) ? The Term of Employment stated in Article 5 hereof may be renewed by the mutual written agreement between Employer and Employee, provided that each renewed employment term does not exceed one (1) year.
? Employer make a notice of renewal in written at least 2 months prior to the expired date of term of Employment. And also, Employee let employer know the intention of the renewal before 2 months of the termination of this contract.
? In the event that the employee travels to his/her home country before the term of the renewal, Employee's round trip airfare shall be reimbursed by Employer after Employee's return to Korea. The round trip airfare for Employee's flight shall be based on rate provided for in Article 10 ? hereafter.

Article 10 (Airfare) ? The airfare for Employee's flight, actual purchasing price, to Korea shall be loaned by Employer based on an economy class airfare of the most direct flight available from his/her permanent residence to Incheon Airport. In case of the termination of this Contract within six (6) months, including renewals, regardless of course or ground therefore, Employee shall immediately pay back Employer the above mentioned loan. If Employee works more than six (6) months during the term of Employment from the date of commencement, Employee's obligation to pay back the loan provided pursuant to this provision shall be waived by Employer.
? If Employee works fully until the end of the Term of Employment and returns to his/her home country within 10 days from the expired date of the Term of Employment, Employer shall pay for Employee's return flight based on the rate provided for in the foregoing ?.

Article 11 (Housing) ? Employer shall provide Employee with housing selected by Employer. Housing selected by Employer may be, including but not limited to, a leased house, a studio-type room, or an apartment. Any and all fees, charges, costs, taxes, expenses, etc. incurred in using the housing shall be borne by Employee.
? If Employer is not able to provide housing for Employee, Employer shall provide Employee with 300,000 Korean Won per month, as a rent subsidy, in lieu of the housing set forth in the foregoing ?.
? Employer may provide temporary housing until the appropriate housing for Employee becomes available.
? Employer shall decide whether to provide Employee with housing or a rent subsidy after discussion with the employee, Once decided, Employer's decision shall not be subsequently changed during the term of Employment.
? If Employer provides housing to Employee, Employer may (will) provide, appliances and furniture such as a bed, table and chairs, a closet, a gas range, a refrigerator, a washing machine, a microwave, and a TV set. Employee shall not request or demand any other appliances or furniture than those provided by Employer.

DEMAND AIR CON.....other people in the public schools have demanded and recieved it!

Article 12 (Other Benefits) ? Employee shall be entitled to one time only settlement allowance of 300,000 Korean Won, when he/she first arrives in Korea. In case of the termination of this contract within six (6) months, regardless of course or ground therefore, Employee shall immediately pay back Employer the fore mentioned allowance.
? Employer shall provide Employee with half of the medical insurance pursuant to the National Medical Insurance Act of Korea. In the event Employee has his/her family living with him or her in Korea, Employer will also provide and pay for medical insurance premium for Employee's family.
? Employees with the exception of Canadians, shall be eligible for exemption from paying Korean income tax during the period of the first two years if he/she provides the following documents to the employer before the first payment of salary:
1) "Residence Certificate" issued by a competent authority of employee's resident country 2) "an Application for Tax Exemption" on non-resident's Korean source income provided under the Korean Tax Treaty. If employee has already worked more than two years in Korea, he/she shall not be eligible for tax exemption.
? The Employer shall provide Employee with half of the National Pension Plan Act of Korea. American or Canadian employee is eligible for a pension distribution Corporation when he/she leaves Korea after the completion of his/her contract.
? Employee who completes more than a one-year contract shall be entitled to receive severance pay(approximately equivalent to the amount of one month salary).

Article 13 (Vacation) ? Employee shall be entitled to a vacation period of total of a twenty eight (2 workdays during the Term of the Employment set forth in Article 5 hereof, provided that employees working in a school system shall take the leave up to fourteen(14) workdays each during the summer and winter recess.
? Employee who will take the 4 week training course stated in Article 19 hereof shall be adjusted the first paid vacation period from fourteen (14) workdays into seven(7) workdays..
? Employee shall apply for and obtain Employer's consent to take a leave at least fifteen (15) days in advance.

better than usual vacation time.

Article 14 (Sick Leave) ? Employee shall be entitled to a paid sick leave if an illness or injury prevents him/her from performing the duties under this Contract, provided, however, that he/she obtains Employer's prior consent.
? When Employee takes a sick leave for more than seven (7) days(inclusive of a national holiday, Saturday and Sunday) this should be deleted! What does it matter if you are sick on your days off?, Employee shall submit a practicing doctor's medical report to Employer.
? Employee's paid sick leave during the Term of Employment shall not exceed fifteen (15) calendar days, Employee may take a further sick leave without pay.

Article 15 (Special Leave) ? Employee may take a Special Leave for a number of days as set forth below for each of the following events:
1. seven (7) calendar days for Employee's marriage.
2. seven (7) calendar days for the death of Employee's parent or spouse; five (5) calendar days for the death of Employee's child.

Article 16 (Codes of Conduct) ? Employee shall not behave in any manner which may damage or tarnish the reputation of the teaching profession. Employee shall comply with and observe any codes of conduct applicable to Koran teachers.
? Employee shall not engage in any other job (including a part-time job) during the Term of Employment set forth under Article 5 hereof.
? Employee shall not be involved in any activities which may cause harm to the students or be of detriment to the reputation of the school.

Article 17 (Termination of the Contract) ? Employer may terminate or cancel this Contract upon occurrence of any one of the following events:
1. If Employee violates the laws of the Republic of Korea.
2. If Employee fails to perform or unsatisfactorily perform any of the duties stipulated in this contract.
3. If Employee fails to perform continuously his/her duties for more than a week without any excuse.
4. If any of the information provided in Employee's application is neither true nor accurate.
5. If it is determined that Employee is prevented from or incapable of performing his/her duties set forth in Article 3 hereof for a medical reason, whether it is a physical or psychological ailment. (If requested by Employer, Employee must be immediately available for a medical examination.)
6. If the sick leave used by Employee pursuant to Article 15 hereof exceeds thirty (30) days.
? In the event that this Contract is terminated pursuant to the foregoing ?, Employer shall pay Employee a prorated salary based on the number of days actually worked by Employee. In such event, Employee shall be responsible for the return flight to his/her home country. Employee's visa will subsequently be cancelled.
? In the event of termination of this Contract pursuant to any of the provisions set forth in the foregoing ?, Employee shall immediately refund the loan to Employer pursuant to Article 10?.



Article 18 (Matters not explicitly stated in the Contract) Matters not explicitly stated in the Contract shall be determined by Employer by taking Employee's concerns into consideration.

bullcrap clause!


Article 19 (Condition of Employment) Employee who did not obtain a teacher's license or did but not have a teaching experience more than three(3) years shall complete a 4-week training course conducted at the place where is designated by a superintendent of educational affairs of Gyeongsangnam-do for In-Service education within 6 months of employment period provided under Article 5 hereof.



Article 20 (Indemnity) Employee shall indemnify for and keep Employer harmless from any liability or damages arising from or in relation to any negligent, intentional or illegal activity of Employee during the Term of Employment under this Contract.

Article 21 (Governing Law, Language and Venue) ? The terms of this Contract and the rights and obligation of the parties hereto shall be construed, interpreted and determined in accordance with the laws of the Republic of Korea.
? The Governing language of the Contract shall be Korean. This English translation of this Contract is made for the purpose of convenience.
? If a dispute or disagreement should arise in connection with or out of this Contract, the parties hereto shall first try to resolve it in accordance with a principle of good faith. However, if the parties fail to mutually resolve such disputes or disagreements or come to amicable settlements, their disputes or disagreements shall be finally resolved by arbitration in Seoul, Korea in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board.

Article 22 (Signature) In witness whereof, the parties hereto sign the Contract in triplicate on the date entered below with each party retaining one copy and submitting the third copy for Employee's visa application.
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Wrench



Joined: 07 Apr 2005

PostPosted: Thu Jul 06, 2006 3:08 pm    Post subject: Reply with quote

Thanks Guys
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Yu_Bum_suk



Joined: 25 Dec 2004

PostPosted: Thu Jul 06, 2006 4:22 pm    Post subject: Reply with quote

Grotto wrote:
Quote:
② The Governing language of the Contract shall be Korean. The English translation of this Contract is made for the purpose of convenience.


for the second contract this is totally unacceptable! It needs to be changed to English and the Korean translation is for the purpose of convenience!


The problem is that there's not a single person at the district capable of understanding legal English.

I got my Korean friend to put 언어 ; 저희는 영어가 계약 및 접촉 할 때 주 언어가 되었으면 합니다. 한국말 너무 힘들어요. on my list of requests and my school looked at it like as if that were simply inconceibable.
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