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PLEASE REVIEW CONTRACT FOR ME...THANKS

 
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mamaille



Joined: 14 Jun 2006
Location: seoul- close to olympic park

PostPosted: Fri Jul 14, 2006 6:52 am    Post subject: PLEASE REVIEW CONTRACT FOR ME...THANKS Reply with quote

TEACHER EMPLOYMENT AGREEMENT



3. Compensation. Employee shall receive a Base Salary for teaching approximately 30 classes per week or, in any event, no more than 120 hours of teaching per month. Teaching hours in excess of 120 hours per calendar month will be considered and compensated as Overtime.
(a) Base Salary. : 2,100,000 won per month

(b) Overtime. Compensated at 20,000 won per hour.

Housing : Employer will provide furnished single apartment or Housing Allowance compensated at 300,000 won per month.

All compensation shall be paid in Korean Won and is subject to:
(i) withholding and other applicable taxes (typically 3-5%) to be borne by Employee; and (ii) deduction for Employee�s share of the cost of his Medical Insurance as set forth below.

4. Duties. In consideration of the above-stated compensation, Employee shall provide teaching services and fulfill the responsibilities ancillary thereto, along with such other general educational services which may from time to time be requested by the branch management. Such services and responsibilities shall include:

(i) English language and SAT instruction in both classroom and tutorial settings;
(ii) Daily class planning;
(iii) Grades, attendance, deportment and other record keeping;
(iii) Grading and preparation of homework and exams;
(iv) Preparation of regular written student evaluations;
(v) Curriculum design and consultation;
(vi) Attendance at faculty meetings and workshops.

5. Hours. Employee shall be available for work during regular school hours, Monday through Friday. Class hours will be scheduled after 2:30 pm in school hours. During Summer and Winter vacation session, class will be started from 9:00 am.

6. Vacation and Holidays. Employee shall receive 10 days paid vacation. The Employee must notify to Employer at least one month in advance. Paid holidays must coincide with the school�s summer, winter and semester breaks. The vacations will be administered through the Academic Director. Employee shall also be paid for, and unless both parties agree otherwise, shall not be required to work on any of the Korean national holidays.

6-1. Sick Days. .
a. The teacher will be allowed the equivalent of 3 full sick days - which is 18 hrs paid sick leave during the contract period. Any additional time off will be deducted from your pay.
b. After using three sick days, if employee fails to notify his/her absence at least a half an hour prior to the commencement of the class, 200.000 Won will be deducted per day from the salary.
c. After using three sick days, if employee is absent from school with proper notification, 120,000 Won will be deducted per day from the salary.
d. A doctor's invoice with the diagnosis and prognosis is required to be paid for sick days and is also required for any sick days that are beyond the allocated 3 paid sick days.
e. If the Employee finishes this contract, unused sick leave will be paid out at the end of the contract


7. Severance Pay. Upon successful completion of this 1-year Contract, Employee shall be entitled to receive as severance pay 100% of the one month Base Salary.(2,100,000 won) and airfare in item 10.

8. Professionalism. Employee shall at all times dress, behave and deal with others, including students, parents, and staff, in a respectful, professional manner. Employee is expected show up for work punctually and prepared, having previously devoted a sufficient amount of time to curriculum planning and class preparation. Employee shall make every effort to attend faculty meetings and workshops, and to be available for new and substitute teaching duties. Employee shall carry out all responsibilities in a fashion satisfactory to supervisors, and will truthfully and accurately maintain and promptly turn in required records and reports.

9. Exclusivity. Employee understands that Employee�s teaching responsibilities require, and part of the salary is compensation for out-of-class time spent grading work and preparing for class; participation in faculty meetings and teaching workshops; and scheduling availability and flexibility. Employee further understands that part of XXX reputation and competitive advantage is predicated on the superiority of its faculty. Thus, Employee�s assumption of other professional commitments will necessarily compete with and be in derogation of Employee�s principal teaching responsibilities to XXX. Employee, therefore, agrees to devote his time, attention, and energies exclusively to XXX, and shall not, during the term of this Contract, engage in any other business activity, irrespective of whether such other business activity is pursued for gain or profit.

10. Airfare. XXX shall provide a single economy class airline ticket to major city in North America upon successful completion of this contract.

11. Medical Insurance. XXX shall pay half the cost of Employee�s medical insurance under the Korean Medical Insurance Union or some comparable program (the �Plan�). Employee�s one-half contribution to the Plan shall be made by monthly deductions from Employee�s salary. Employee understands and agrees that the benefits under the Plan do not include dental care or treatment for pre-existing medical conditions, and that these and all other health care expenses, including those excluded by or arising under the Plan, shall be the sole responsibility of Employee.


12. Housing. The Employer will provide the Employee a furnished apartment which would be a single bedroom. The apartment will be provided at no cost to the Employee with the exception of maintenance, phone, water, gas, and electricity bills. (In case the apartment has a �Gwanlee� bill, the Employee must pay it. The �Gwanlee� bill is charged monthly by the landlord for cleaning, guarding or maintaining the apartment.)

13. Disclosure of Information. During the course of his employment with XXX, Employee will have access to and become acquainted with privileged matter(s) related to XXX business including, by way of example and without limitation: curriculum content, teaching techniques and materials, business strategy, forms, methods and practices, and employee and client data (�Confidential Information�). Employee agrees that he shall not, during or after the term of his employment, publish, reproduce, divulge, or use for any purpose outside of his XXX teaching responsibilities any Confidential Information without the written consent of XXX. All Confidential Information shall be deemed the sole property of XXX and Employee shall promptly return it upon termination or earlier request. Unless specifically prohibited by statutory law, Employee agrees that in the event of a breach or threatened breach by Employee of the provisions of this paragraph, XXX shall be entitled to a temporary restraining order and a preliminary injunction enjoining Employee from disclosing or otherwise using any Confidential Information, in whole or in part, and from rendering any services to any person, firm, corporation, association or other entity to whom such Confidential Information has been or has been threatened to be disclosed. Nothing herein shall be construed as prohibiting XXX from pursuing any other remedies available to it for such breach or threatened breach, including recovery of damages and attorneys fees.

14. Dismissal. The following shall be grounds for immediate dismissal of Employee
and termination of this Contract:
a) Felony violation of the laws of the Republic of South Korea;
b) Reporting to work under the influence of drugs or alcohol;
c) Repeated tardiness or absence;
d) Offensive, irresponsible or otherwise unprofessional speech, dress or behavior;
e) Failure to comply with the reasonable, work related request(s) of management
including requests to desist from conduct in breach of this Contract;
f) Failure of Employee to be issued a valid E2 visa within ninety (90) days of his
arrival in South Korea;
g) Any act or conduct which would reasonably be deemed detrimental to or likely to
bring disrepute upon XXX.

15. No Implied Waiver. Delay, omission or failure of a party to notify the other of, or to exercise its right of termination for a breach of any of the terms of this Contract, shall not preclude the party from subsequently exercising such right, nor operate or be construed as a waiver of any subsequent breach. No waiver shall be valid unless documented in a writing signed by the parties.

16. Assignment. Employee acknowledges that the services to be rendered by him are unique and personal. Accordingly, Employee may not assign any of his rights or delegate any of his duties or obligations. Neither shall XXX assign this Contract or any of the services due hereunder without the written consent of Employee.

17. Use of Image. Employee agrees that XXX may use Employee�s name and/or likeness for advertising or promotional purposes, and that the benefits provided him under this Contract shall constitute good and sufficient consideration for same.

18. Additions/Modifications. No change or addition to this Contract shall be valid unless documented in a writing signed by both parties.

19. Language of Contract. The language of this Contract is English. In the event the Contract shall be translated into Korean for convenience of one of the parties, the English version shall govern in any contest or dispute.

20. Applicable Law. This Contract, and all terms thereof, shall be governed by and construed in accordance with the laws of the Republic of Korea.

21. Visa. In the event time does not permit the obtaining of an E2 work visa prior to Employee�s departure to Korea, Employee agrees, after arriving, to cooperate with XXX and take whatever steps are necessary to obtain same. XXX shall pay all costs associated with obtaining the E2 visa.


By their signatures below, the parties acknowledge that they have read and understood this Contract, and agree to and intend to be bound by all of its terms and conditions.




EMPLOYEE:

Signed ___________________________________ Dated: ______________________

Name ___________________________________



ELITE:

Signed ___________________________________ Dated: ________________________

Title: ___________________________________
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Grotto



Joined: 21 Mar 2004

PostPosted: Fri Jul 14, 2006 8:14 am    Post subject: Reply with quote

TEACHER EMPLOYMENT AGREEMENT

Teacher labour contract



3. Compensation. Employee shall receive a Base Salary for teaching approximately 30 classes per week or, in any event, no more than 120 hours of teaching per month. Teaching hours in excess of 120 hours per calendar month will be considered and compensated as Overtime.

never let them use the word 'approximately' in a contract it will come back to haunt you!

How long is a class? How many classes per day? From ? to ? 2-8? A teaching hour will be definded as 40-50 minutes also choose 30 classes per week and delete the 120 hours a month...you want your overtime based on a weekly scheduel, not monthly!

(a) Base Salary. : 2,100,000 won per month

(b) Overtime. Compensated at 20,000 won per hour.

Housing : Employer will provide furnished single apartment or Housing Allowance compensated at 300,000 won per month.

You want a list of furnishings

All compensation shall be paid in Korean Won and is subject to:
(i) withholding and other applicable taxes (typically 3-5%) to be borne by Employee; and (ii) deduction for Employee�s share of the cost of his Medical Insurance as set forth below.

Tax is not 3-5 its about 1.5% on 2.1 mil....taxes will be taken off in accordance to the monthly withholding tax persuant to the Korean tax website

4. Duties. In consideration of the above-stated compensation, Employee shall provide teaching services and fulfill the responsibilities ancillary thereto, along with such other general educational services which may from time to time be requested by the branch management. Such services and responsibilities shall include:

(i) English language and SAT instruction in both classroom and tutorial settings;
(ii) Daily class planning;
(iii) Grades, attendance, deportment and other record keeping;
(iii) Grading and preparation of homework and exams;
(iv) Preparation of regular written student evaluations;
(v) Curriculum design and consultation;
(vi) Attendance at faculty meetings and workshops.

Typical nonsense.....you might want to ask them how often exams are given and how often meetings and workshops are scheduled

5. Hours. Employee shall be available for work during regular school hours, Monday through Friday. Class hours will be scheduled after 2:30 pm in school hours. During Summer and Winter vacation session, class will be started from 9:00 am.

thats cute....starting at 2:30 and ending when>? starting at 9:00 and ending at when? these are things I would want to know!

6. Vacation and Holidays. Employee shall receive 10 days paid vacation. The Employee must notify to Employer at least one month in advance. Paid holidays must coincide with the school�s summer, winter and semester breaks. The vacations will be administered through the Academic Director. Employee shall also be paid for, and unless both parties agree otherwise, shall not be required to work on any of the Korean national holidays.

so they will be asking you to work national holidays?...hmmmm

6-1. Sick Days. .
a. The teacher will be allowed the equivalent of 3 full sick days - which is 18 hrs paid sick leave during the contract period. Any additional time off will be deducted from your pay.

delete the 18 hours crap...you either have 3 full sick days or you dont!


b. After using three sick days, if employee fails to notify his/her absence at least a half an hour prior to the commencement of the class, 200.000 Won will be deducted per day from the salary.

deductions should be at regular salary rate...not overtime rate!

c. After using three sick days, if employee is absent from school with proper notification, 120,000 Won will be deducted per day from the salary.

illegal penalty clause

d. A doctor's invoice with the diagnosis and prognosis is required to be paid for sick days and is also required for any sick days that are beyond the allocated 3 paid sick days.
e. If the Employee finishes this contract, unused sick leave will be paid out at the end of the contract

at what rate? 120,000 won a day?

7. Severance Pay. Upon successful completion of this 1-year Contract, Employee shall be entitled to receive as severance pay 100% of the one month Base Salary.(2,100,000 won) and airfare in item 10.

8. Professionalism. Employee shall at all times dress, behave and deal with others, including students, parents, and staff, in a respectful, professional manner. Employee is expected show up for work punctually and prepared, having previously devoted a sufficient amount of time to curriculum planning and class preparation. Employee shall make every effort to attend faculty meetings and workshops, and to be available for new and substitute teaching duties. Employee shall carry out all responsibilities in a fashion satisfactory to supervisors, and will truthfully and accurately maintain and promptly turn in required records and reports.

you really want a sample of these records and whatnot.....know what you are getting into

9. Exclusivity. Employee understands that Employee�s teaching responsibilities require, and part of the salary is compensation for out-of-class time spent grading work and preparing for class; participation in faculty meetings and teaching workshops; and scheduling availability and flexibility. Employee further understands that part of XXX reputation and competitive advantage is predicated on the superiority of its faculty. Thus, Employee�s assumption of other professional commitments will necessarily compete with and be in derogation of Employee�s principal teaching responsibilities to XXX. Employee, therefore, agrees to devote his time, attention, and energies exclusively to XXX, and shall not, during the term of this Contract, engage in any other business activity, irrespective of whether such other business activity is pursued for gain or profit.

little two pronged attack hidden in there....so they are saying all these marking, prep, workshops are unpaid as well as they will screw around with your schedule

10. Airfare. XXX shall provide a single economy class airline ticket to major city in North America upon successful completion of this contract.

no mention of getting to Korea?

11. Medical Insurance. XXX shall pay half the cost of Employee�s medical insurance under the Korean Medical Insurance Union or some comparable program (the �Plan�). Employee�s one-half contribution to the Plan shall be made by monthly deductions from Employee�s salary. Employee understands and agrees that the benefits under the Plan do not include dental care or treatment for pre-existing medical conditions, and that these and all other health care expenses, including those excluded by or arising under the Plan, shall be the sole responsibility of Employee.

its mandatory to have governmen health coverage...currently 2.24% each


12. Housing. The Employer will provide the Employee a furnished apartment which would be a single bedroom. The apartment will be provided at no cost to the Employee with the exception of maintenance, phone, water, gas, and electricity bills. (In case the apartment has a �Gwanlee� bill, the Employee must pay it. The �Gwanlee� bill is charged monthly by the landlord for cleaning, guarding or maintaining the apartment.)

what furnishings are provided? demand air con

13. Disclosure of Information. During the course of his employment with XXX, Employee will have access to and become acquainted with privileged matter(s) related to XXX business including, by way of example and without limitation: curriculum content, teaching techniques and materials, business strategy, forms, methods and practices, and employee and client data (�Confidential Information�). Employee agrees that he shall not, during or after the term of his employment, publish, reproduce, divulge, or use for any purpose outside of his XXX teaching responsibilities any Confidential Information without the written consent of XXX. All Confidential Information shall be deemed the sole property of XXX and Employee shall promptly return it upon termination or earlier request. Unless specifically prohibited by statutory law, Employee agrees that in the event of a breach or threatened breach by Employee of the provisions of this paragraph, XXX shall be entitled to seeking a temporary restraining order and a preliminary injunction enjoining Employee from disclosing or otherwise using any Confidential Information, in whole or in part, and from rendering any services to any person, firm, corporation, association or other entity to whom such Confidential Information has been or has been threatened to be disclosed. Nothing herein shall be construed as prohibiting XXX from pursuing any other remedies available to it for such breach or threatened breach, including recovery of damages and attorneys fees.

14. Dismissal. The following shall be grounds for immediate dismissal of Employee
and termination of this Contract:
a) Felony violation of the laws of the Republic of South Korea;
b) Reporting to work under the influence of drugs or alcohol;
c) Repeated tardiness or absence;
d) Offensive, irresponsible or otherwise unprofessional speech, dress or behavior;
e) Failure to comply with the reasonable, work related request(s) of management
including requests to desist from conduct in breach of this Contract;
f) Failure of Employee to be issued a valid E2 visa within ninety (90) days of his
arrival in South Korea;
g) Any act or conduct which would reasonably be deemed detrimental to or likely to
bring disrepute upon XXX.


g needs to be deleted....who decides that the conduct brings disrepute? Oh thats right they do....if they dont like your conduct they can give you 30 days notice or pay in lue of notice and send you on your way

15. No Implied Waiver. Delay, omission or failure of a party to notify the other of, or to exercise its right of termination for a breach of any of the terms of this Contract, shall not preclude the party from subsequently exercising such right, nor operate or be construed as a waiver of any subsequent breach. No waiver shall be valid unless documented in a writing signed by the parties.

16. Assignment. Employee acknowledges that the services to be rendered by him are unique and personal. Accordingly, Employee may not assign any of his rights or delegate any of his duties or obligations. Neither shall XXX assign this Contract or any of the services due hereunder without the written consent of Employee.

17. Use of Image. Employee agrees that XXX may use Employee�s name and/or likeness for advertising or promotional purposes, and that the benefits provided him under this Contract shall constitute good and sufficient consideration for same.

I would not agree to this....if they want to use your mug to promote their schooll they can pay extra for the privilege

18. Additions/Modifications. No change or addition to this Contract shall be valid unless documented in a writing signed by both parties.

19. Language of Contract. The language of this Contract is English. In the event the Contract shall be translated into Korean for convenience of one of the parties, the English version shall govern in any contest or dispute.

20. Applicable Law. This Contract, and all terms thereof, shall be governed by and construed in accordance with the laws of the Republic of Korea.

21. Visa. In the event time does not permit the obtaining of an E2 work visa prior to Employee�s departure to Korea, Employee agrees, after arriving, to cooperate with XXX and take whatever steps are necessary to obtain same. XXX shall pay all costs associated with obtaining the E2 visa.

XXX will not request the teacher to work until they have obtained their E2 visa.


By their signatures below, the parties acknowledge that they have read and understood this Contract, and agree to and intend to be bound by all of its terms and conditions.

Pension? Did I miss it in there?
Teaching hours in excess of 30 hours per calendar week will be considered and compensated as Overtime.
airfare needs to be fixed
furnishings need to be listed
health coverage fixed
taxes changed
sick leave needs to be fixed
illegal penalty clauses need to be removed
clarification on amount of prep, meetings etc expected
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Fri Jul 14, 2006 8:20 am    Post subject: Reply with quote

Talk to other teachers.

Taxes should be according to the Korean tax law. Check the NTS website for standard withholding rates. The NTS rates may not be completely accurate, but it's better than 3 to 5%.

Find out how overtime is computed. I don't like monthly computation. It should be weekly for hours in excess of 30 and vacation days and holidays should be counted as time "worked" when computing overtime. If your overtime is computed on the basis of "hours taught" or "teaching hours" you will be paying for your own holidays.
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