|
Korean Job Discussion Forums "The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
|
| View previous topic :: View next topic |
| Author |
Message |
Oreovictim
Joined: 23 Aug 2006
|
Posted: Fri Sep 22, 2006 8:40 am Post subject: Could Someone Check out This Contract? |
|
|
I have a phone interview today with this school. Could someone let me know if this contract is pretty standard? Thanks
EMPLOYMENT AGREEMENT FOR INSTRUCTOR
This EMPLOYMENT AGREEMENT has been made between XXXXXXX (herein after called �Employer�), and a citizen of whose domicile is at (hereinafter referred to as �Employee�).
Employee has been selected and approved by Employer, to teach the English language; therefore, Employer and Employee, in consideration of the mutual promised and covenants contained herein, agree as follows:
1. EMPLOYMENT OF EMPLOYEE
Employer hereby employs Employee to teach the English language in form and manner and under the terms and conditions set forth in this Agreement. Employee hereby accepts employment from Employer to teach the English language in the form and manner and under the terms and conditions set forth in this Agreement.
2. PLACE OF EMPLOYEMNT
Employee will be employed to teach the English language at the address of the principal office as above (hereinafter referred to as �Institute�). As further provided herein below, Employee may be required or requested to teach the English language outside and apart from Institute. In such case, Employee shall be paid for travel expenses incurred beyond those expenses normally incurred in travel from the Employee�s home to the point of teaching.
3. TERM OF RENEWAL
3.1 The term of this Agreement shall be twelve(12) full and consecutive months from the next day of arrival at the Institute in Korea, specified in Section 2 of this contract.
3.2 No later than four(4) full months before the date of termination of this Agreement Employer and Employee shall consult together and shall agree either to an extension or termination of it. In the event the parties agree upon a termination, this Agreement shall end as of the date of termination set forth herein above.
4. DUTIES OF EMPLOYEE
4.1 During the term of this Agreement the Employee shall accept, obey, and strictly comply with the directions for teaching standards, supervision, training, and discipline of the Academic Director and shall carry out such assignments as directed by the Academic Director(for our Institute, the Employer usually has the position concuttently). These duties shall include ESL in all phases of the program, administrative duties related to the Employee, classroom duties, administrative at scheduled staff meetings, workshops, and school sponsored outings, and any other duties as may be assigned by the Academic Director. The teacher is also expected to do suitable professionally organized preparation, prior to any classes, and may be requested to evaluate and report students progress. The Academic Director is empowered to take necessary steps to assure that those standards are met. When the Employee attends the workshops or school-sponsored outings held at outside of the Institute, Employer shall cover the carfares, food expense, and the registration fee for it. The hours for attending workshops or outings will not be included in the calculation of the teaching hours.
4.2 During the term of this Agreement, the Employee will be required to teach classes assigned to him/her by Employer for average 30actual teaching hours(minute based) each week for a month..
4.3 The Academic Director can request the Employee to work overtime ever though the Employee has 30 classroom hours a week. If requested, the Employee shall accept the request within35 hours a week. The Academic Director shall not have the power or authority to require Employee to work more than 40 teaching hours in total in a week, without the consent of the Employee. Employer will count the teaching time in minute base every month. The overtime more than 30 hours a week will be paid in addition to the salary set forth herein below
(I overtime hour, 18,000 won).
� In order to maintain the quality of lessons, one hour of preparation time at Institute prior to classes each day is required from Employee. After finishing the classes of the day, 30minutes is required to report what he/she did that day. These are not included in the calculation of the teaching hours, which Employee may be required to work.
4.4 Employee shall not be permitted and shall not have the right to work personal teaching outside of the Institute. Since Employee is full-time employee, it will normally be prohibited, furthermore he/she shall be accused of illegal teaching.
4.5 Employee understands and agrees that at all times during the term of this Agreement, Employee shall strictly obey all laws, regulations, provisions, instructions, and guidance from the Government of Korea or any local government or officials thereof.
5. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE
5.1 Salary
The Institute shall pay Employee as compensation for all services rendered the total aggregate monthly salary of 2,100,000 won for each month of the contract period with Institute. Payment of the salary shall be made in won. This salary will be paid monthly, 10 days after the completion of each working month. Korean income and resident taxes will be withheld. (5%;Not paid back)
5.2 Severance Payment
Employee will be given an additional one month salary for completing the contract period. This amount will be paid at the time of, and is dependent on, completion on, completion of the full contract term. This amount is also subject to Korean income and resident taxes. Should an Employee renew for another term, payment of the additional one month salary shall be carried over until the Employee severs ties with Institute.
5.3 Paid Vacation
Employee will receive ten(10) paid vacation days(summer vacation and the days which a director will set according to the academic curriculum) during the contract year in addition of Korean national holidays. The national holiday contained in the vacation days can be counted as the total paid vacation days The date of the vacation shall be designated by Academic Director.
5.4 Housing
Institute shall select and provide an apartment, or a house, with a private bedroom for each employee. Institute shall provide furnishings for the selected location. Institute shall make selection of an apartment in consultation with the Academic Director.
5.5 Transportation
A one-way ticket will be provided to the instructor in advance by the institute. If the teacher leaves wilfully or in case the employment contract was terminated due to the cause before 6 months from start of work, the employee must repay the airfare which was paid by the employer.
5.6 Maintenance
The cost of monthly service, utility charges for accommodation will be deducted from Employee�s monthly salary. Employee agrees to the withholding from salary payment of a security deposit to cover unpaid monthly service, utility, and telephone charges, or cover penalty payments for Employee�s default on contract agreements. Such deposit amounting to 500,000 won and being deductible from Employee�s salary during the first two(2) months of employment with Employer. Employer will hold the full amount of the security deposit until all outstanding monthly service, utility, and telephone charges have been paid. In the event that Employer makes payments covering monthly service, utility, and telephone charges on behalf of Employee, the amount of such payments will be deducted from the security deposit and the remainder of security deposit returned to Employer agrees that payment of remaining amounts of security deposit will be made to Employee within ten(10) days after all outstanding monthly service, utility, and telephone charges have been paid.
5.7 Medical Insurance
Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organisation. The cost of this coverage will be borne half by Employer and half by Employee. Payment will be made by monthly deduction from Employee�s salary, at present 1.9%, and a like amount contributed by Employer.
6. DRESS CODE
Teachers at all institutes are expected to dress somewhat formally while teaching and while on the Institute premises. Men are required to wear a tie and women to wear a dress or pantsuits. Blue jeans, T-shirts, shorts, sandals and sneakers are not considered appropriate dress. All clothes worn are to be clean and neatly pressed. Koreans generally ask teachers to dress conservatively.
7. DISMISSAL BY INSTITUTE
7.1 Institute shall have the right at its sole discretion to dismiss Employee for clear and frequent neglect of duties under this Agreement. Including, but not limited to frequent absences from Institute without approval of the Academic Director, or good reason thereof, or for manifest inability to perform duties under this Agreement. Provided, however, before any such dismissal, Employee shall be warned of dissatisfaction with performance and shall be afforded at least twenty(20) working days in which to remedy the situation. Criminal or other conduct that would in the opinion of the Academic Director and owner seriously jeopardise any person or the reputation of the Institute, its students, or its staff, will be cause for immediate dismissal and no warning or time for remedy will be allotted. Especially, the Employee is absolutely prohibited from the harsh conduct like hitting or threatening the students, so that he can be dismissed without warning or time for remedy.
7.2 In the event Employee is dismissed for any of the reasons set forth in 7.1 herein above or for any of the reasons set forth herein below, Institute shall have no duty and shall not be obligated to pay the cost of return transportation to the point of hire for Employee. Also in the event Employee is dismissed within 3 months of starting date of the employment; Institute may require Employee to reimburse the employer for costs of airfare from Employee�s point of origin to Korea.
8. COVENANTS
8.1 Employee here by agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organisation other than Employer without prior written approval from Employer of the specific employment contemplated by employee. Failure to comply with this article is cause for immediate dismissal.
8.2 Employee here by agrees, covenants and undertakes that he/she will not disclose teaching materials, syllabus details, or any other information relating to the academic program, whether verbally or in written form, to individuals or corporate entities not employed by Employer.
9. MERGER CLAUSE
This Agreement constitutes the entire understanding between the parties hereto with respect to the subject matter here of, and supersedes all previous negotiations, commitments, and writings with respect here to. No modification of this Agreement will be binding or have any legal effect unless set forth in a written agreement amending this agreement and signed by both parties here to. Furthermore, this contract nullifies and voids any previous contract between the two parties.
Employer and Employee have executed this Agreement on the date indicated below. Intending to be legally bound here to, and Employer and Employee have appended their signature.
POINT OF HIRE:
Employee Signature Employer Signature
Employee Name Employer Name
Date Date
Last edited by Oreovictim on Fri Sep 22, 2006 10:16 am; edited 1 time in total |
|
| Back to top |
|
 |
Grotto

Joined: 21 Mar 2004
|
Posted: Fri Sep 22, 2006 10:05 am Post subject: |
|
|
EMPLOYMENT AGREEMENT FOR INSTRUCTOR
This EMPLOYMENT AGREEMENT has been made between Ohsungsik English Club, Cheoug-Ju, Korea(herein after called “Employer”), and a citizen of whose domicile is at (hereinafter referred to as “Employee”).
Employee has been selected and approved by Employer, to teach the English language; therefore, Employer and Employee, in consideration of the mutual promised and covenants contained herein, agree as follows:
You should blank out the name of the school when you post a contract.
The full address of the school needs to be listed in there as well.
1. EMPLOYMENT OF EMPLOYEE
Employer hereby employs Employee to teach the English language in form and manner and under the terms and conditions set forth in this Agreement. Employee hereby accepts employment from Employer to teach the English language in the form and manner and under the terms and conditions set forth in this Agreement.
2. PLACE OF EMPLOYEMNT
Employee will be employed to teach the English language at the address of the principal office as above (hereinafter referred to as “Institute”). As further provided herein below, Employee may be required or requested to teach the English language outside and apart from Institute. In such case, Employee shall be paid for travel expenses incurred beyond those expenses normally incurred in travel from the Employee’s home to the point of teaching.
you need immigrations approval for each and every seperate location apart from the institute as well.
3. TERM OF RENEWAL
3.1 The term of this Agreement shall be twelve(12) full and consecutive months from the next day of arrival at the Institute in Korea, specified in Section 2 of this contract.
3.2 No later than four(4) full months before the date of termination of this Agreement Employer and Employee shall consult together and shall agree either to an extension or termination of it. In the event the parties agree upon a termination, this Agreement shall end as of the date of termination set forth herein above.
renewal 4 months in advance? 2 months is the norm
4. DUTIES OF EMPLOYEE
4.1 During the term of this Agreement the Employee shall accept, obey, and strictly comply with the directions for teaching standards, supervision, training, and discipline of the Academic Director and shall carry out such assignments as directed by the Academic Director(for our Institute, the Employer usually has the position concuttently). These duties shall include ESL in all phases of the program, administrative duties related to the Employee,
you want a list of these duties
classroom duties, administrative at scheduled staff meetings, workshops, and school sponsored outings, and any other duties as may be assigned by the Academic Director.
delete bolded....its way too general for a contract!
The teacher is also expected to do suitable professionally organized preparation, prior to any classes, and may be requested to evaluate and report students progress. The Academic Director is empowered to take necessary steps to assure that those standards are met. When the Employee attends the workshops or school-sponsored outings held at outside of the Institute, Employer shall cover the carfares, food expense, and the registration fee for it. The hours for attending workshops or outings will not be included in the calculation of the teaching hours.
get stuffed!
4.2 During the term of this Agreement, the Employee will be required to teach classes assigned to him/her by Employer for average 30actual teaching hours(minute based) each week for a month..
bad already.....they look like they are talking about only crediting you with time spent in class(1800 minutes) so if you are teaching 50 minute classes that adds up to 36 classes a week + prep + duties + breaktime which will come out to way over 40 hours a week of actual work!
4.3 The Academic Director can request the Employee to work overtime ever though the Employee has 30 classroom hours a week. If requested, the Employee shall accept the request within35 hours a week.
forced overtime is illegal in any way shape or form
The Academic Director shall not have the power or authority to require Employee to work more than 40 teaching hours in total in a week, without the consent of the Employee. Employer will count the teaching time in minute base every month. The overtime more than 30 hours a week will be paid in addition to the salary set forth herein below
(I overtime hour, 18,000 won).
low OT rate...dont settle for less than 25,000 won per hour!
� In order to maintain the quality of lessons, one hour of preparation time at Institute prior to classes each day is required from Employee. After finishing the classes of the day, 30minutes is required to report what he/she did that day. These are not included in the calculation of the teaching hours, which Employee may be required to work.
so they are adding on 1.5 hours per day....its a crap contract!
4.4 Employee shall not be permitted and shall not have the right to work personal teaching outside of the Institute. Since Employee is full-time employee, it will normally be prohibited, furthermore he/she shall be accused of illegal teaching.
they would have to prove it.....its beginning to sound a lot like slavery!
4.5 Employee understands and agrees that at all times during the term of this Agreement, Employee shall strictly obey all laws, regulations, provisions, instructions, and guidance from the Government of Korea or any local government or officials thereof.
its too bad the school isnt doing the same!
5. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE
5.1 Salary
The Institute shall pay Employee as compensation for all services rendered the total aggregate monthly salary of 2,100,000 won for each month of the contract period with Institute. Payment of the salary shall be made in won. This salary will be paid monthly, 10 days after the completion of each working month. Korean income and resident taxes will be withheld. (5%;Not paid back)
Tax rate is way too high...it should be about 1.5%
5.2 Severance Payment
Employee will be given an additional one month salary for completing the contract period. This amount will be paid at the time of, and is dependent on, completion on, completion of the full contract term. This amount is also subject to Korean income and resident taxes. Should an Employee renew for another term, payment of the additional one month salary shall be carried over until the Employee severs ties with Institute.
I would get the severance payment at the end of the contract
5.3 Paid Vacation
Employee will receive ten(10) paid vacation days(summer vacation and the days which a director will set according to the academic curriculum) during the contract year in addition of Korean national holidays. The national holiday contained in the vacation days can be counted as the total paid vacation days The date of the vacation shall be designated by Academic Director.
total crap!
5.4 Housing
Institute shall select and provide an apartment, or a house, with a private bedroom for each employee. Institute shall provide furnishings for the selected location. Institute shall make selection of an apartment in consultation with the Academic Director.
you want a list of furnishings and make sure they include air con
5.5 Transportation
A one-way ticket will be provided to the instructor in advance by the institute. If the teacher leaves wilfully or in case the employment contract was terminated due to the cause before 6 months from start of work, the employee must repay the airfare which was paid by the employer.
5.6 Maintenance
The cost of monthly service, utility charges for accommodation will be deducted from Employee’s monthly salary. Employee agrees to the withholding from salary payment of a security deposit to cover unpaid monthly service, utility, and telephone charges, or cover penalty payments for Employee’s default on contract agreements. Such deposit amounting to 500,000 won and being deductible from Employee’s salary during the first two(2) months of employment with Employer. Employer will hold the full amount of the security deposit until all outstanding monthly service, utility, and telephone charges have been paid. In the event that Employer makes payments covering monthly service, utility, and telephone charges on behalf of Employee, the amount of such payments will be deducted from the security deposit and the remainder of security deposit returned to Employer agrees that payment of remaining amounts of security deposit will be made to Employee within ten(10) days after all outstanding monthly service, utility, and telephone charges have been paid.
deposits are illegal....500,000 is also excessive....just say no!
5.7 Medical Insurance
Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organisation. The cost of this coverage will be borne half by Employer and half by Employee. Payment will be made by monthly deduction from Employee’s salary, at present 1.9%, and a like amount contributed by Employer.
6. DRESS CODE
Teachers at all institutes are expected to dress somewhat formally while teaching and while on the Institute premises. Men are required to wear a tie and women to wear a dress or pantsuits. Blue jeans, T-shirts, shorts, sandals and sneakers are not considered appropriate dress. All clothes worn are to be clean and neatly pressed. Koreans generally ask teachers to dress conservatively.
7. DISMISSAL BY INSTITUTE
7.1 Institute shall have the right at its sole discretion to dismiss Employee for clear and frequent neglect of duties under this Agreement. Including, but not limited to frequent absences from Institute without approval of the Academic Director, or good reason thereof, or for manifest inability to perform duties under this Agreement. Provided, however, before any such dismissal, Employee shall be warned of dissatisfaction with performance and shall be afforded at least twenty(20) working days in which to remedy the situation.
30 days by law!
Criminal or other conduct that would in the opinion of the Academic Director and owner seriously jeopardise any person or the reputation of the Institute, its students, or its staff, will be cause for immediate dismissal and no warning or time for remedy will be allotted. Especially, the Employee is absolutely prohibited from the harsh conduct like hitting or threatening the students, so that he can be dismissed without warning or time for remedy.
7.2 In the event Employee is dismissed for any of the reasons set forth in 7.1 herein above or for any of the reasons set forth herein below, Institute shall have no duty and shall not be obligated to pay the cost of return transportation to the point of hire for Employee. Also in the event Employee is dismissed within 3 months of starting date of the employment; Institute may require Employee to reimburse the employer for costs of airfare from Employee’s point of origin to Korea.
8. COVENANTS
8.1 Employee here by agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organisation other than Employer without prior written approval from Employer of the specific employment contemplated by employee. Failure to comply with this article is cause for immediate dismissal.
8.2 Employee here by agrees, covenants and undertakes that he/she will not disclose teaching materials, syllabus details, or any other information relating to the academic program, whether verbally or in written form, to individuals or corporate entities not employed by Employer.
9. MERGER CLAUSE
This Agreement constitutes the entire understanding between the parties hereto with respect to the subject matter here of, and supersedes all previous negotiations, commitments, and writings with respect here to. No modification of this Agreement will be binding or have any legal effect unless set forth in a written agreement amending this agreement and signed by both parties here to. Furthermore, this contract nullifies and voids any previous contract between the two parties.
Employer and Employee have executed this Agreement on the date indicated below. Intending to be legally bound here to, and Employer and Employee have appended their signature.
POINT OF HIRE:
Employee Signature Employer Signature
Employee Name Employer Name
Date Date
crap contract! No set hours....too many duties....totally one sided....this isnt a school contract its a slave contract! |
|
| Back to top |
|
 |
Oreovictim
Joined: 23 Aug 2006
|
Posted: Fri Sep 22, 2006 10:17 am Post subject: |
|
|
Hey, thanks for the information.
Yeah, it was my first contract, so I'm still new to all of this.
- Later |
|
| Back to top |
|
 |
|
|
You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You cannot vote in polls in this forum
|
|