Jshapero
Joined: 17 Jul 2006 Location: Louisville, KY, USA
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Posted: Tue Jul 18, 2006 6:58 am Post subject: Contract advice - Wonderland in Yeonju (i know, i know) |
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So I've heard bad things about Wonderland, but i've spoken with two folks who have taught at this particular school and they had no complaints. I just wanted to see if any of the contract experts on this board have any wisdom to share in regard to this contract. I would be extremely grateful and indebted to any one kind enough to share his or her expertise on this subject. Thanks in advance,
Joshua
EMPLOYMENT AGREEMENT FOR TEACHER
FIRST YEAR CONTRACT
This EMPLOYMENT AGREEMENT has been made this of _
2005 between Wonderland English School � Youngju Campus_being represented by Guk Sun Kang and established under the laws of South Korea at Republic of Korea (hereinafter referred to as the "Employer") and
citizen of whose passport number is:
(hereinafter referred to as the "Teacher") under the terms and conditions set forth below.
Both parties agree on the following terms and conditions:
CLAUSE 1 (APPOINTMENT)
a. The employer agrees to employ the teacher during the period stipulated herein.
b. The teacher agrees to accept the employment and will work in his/her full capacity for the school.
CLAUSE 2 ( PERIOD OF EMPLOYMENT )
a. The total Agreement term is approximately one year, commencing from the date of arrival in Korea and to the last teaching day of the teacher's twelfth full teaching session, according to the Wonderland session.
b. The teacher agrees to discontinue his/her residence in Korea under the visa status arranged and sponsored by the employer within one or two days after the completion of this contract. The teacher will be allowed to stay in the housing provided by Wonderland during this time. This condition will not apply if this contract is terminated for any reason before completion, and the employer has no obligation to maintain the visa status for any period of time beyond the termination date.
CLAUSE 3 ( THE EMPLOYER�S RESPONSIBILITIES)
a. The employer and teacher are equal individuals working together to provide quality English instruction under the terms stated in this contract.
b. The employer will honor the terms and conditions of employment for the teacher as stated within this contract.
c. The employer will guarantee the teacher a salary of 1,900,000 Won per teaching session in consideration of the teacher�s teaching hours and proper preparation for the classes etc�
CLAUSE 4 ( THE TEACHER�S RESPONSIBILITIES AND DUTIES )
a. During the terms of this Agreement, the teacher must cooperate and comply with the instructions and disciplines of the school. Assisting the Supervisor he/she must carry out assignments as directed by the employer. The Supervisor will be responsible for establishing and communicating the Standards of Performance as related to the duties stated in this contract.
b. The teacher must be at school at nine-thirty AM on time and have adequately prepared for each class in advance.
c. At all times during the term of this contract, teachers must maintain a clean and neat appearance. While suits and ties are not mandatory, a professional appearance is desirable. A man can�t wear short pants and slippers.
d. After teachers clock in Wonderland, teachers can�t leave Wonderland by clock out. Teachers must stay in Wonderland by clock out. When teachers take a break time, teachers must stay teacher�s room for preparing classes.
e. The teacher�s work will include the following:
①. Teaching the English language (Target students� ages: 4 to adult)
②. Phone Teaching at least once a month per student
③. Development of educational programs and materials
④. Curriculum design and implementation
⑤. Indoor and outdoor classroom activities for/with students
⑥. Indoor and outdoor events for/with students
⑦. Grading, evaluation, and assessment of students
⑧. Providing students with individualized care
⑨. Attending teacher�s meetings and workshops
CLAUSE 5 (WORKING HOURS)
a. During the term of this Agreement, the teacher should work in cooperation with the Supervisor from Monday through Friday.
b. Teachers will be required to attend some special events throughout the year (Workshops, graduation ceremony, field trip, in and out activity, birthday party etc.) which may fall on a Saturday. Teachers will not receive additional compensation for these days.
c. The teacher agrees to teach 30 teaching hours a week and to adequately
Prepare for classes etc.
d. The employer cannot guarantee the teacher�s requested teaching schedule.
e. She/he teacher has to follow Wonderland teaching schedule.
f. 3 minutes will be counted for each phone teaching for a student and total sum of phone teaching time in a month (multiply 3 minutes by total number of students who are through with phone teaching) will be included in regular working hours.
CLAUSE 6 ( SALARY AND OVERTIME RATE)
a. The employer agrees to pay the teacher salary of _1,900,000_ won for 120 teaching hours per session and a proper preparation time a week for classes etc�
b. The payment of the salary is to be made on 10th of the following month.
c. The payment for the overtime will be 15,000 won per sixty minute class.
d. Attendance at scheduled staff meetings and workshops, along with preparation for classes is mandatory and not considered as overtime.
CLAUSE 7 (TAX)
Income tax and retirement taxes will be withheld from the salary in accordance with the Korean tax law.
CLAUSE 8 (TRANSPORTATION)
a. Round trip economy airfare is provided with the one-year contract from the teacher�s nearest airport to the international airport in Korea and transportation from the airport to the teacher�s residence in Korea. Upon completion of this contract, the teacher will be provided with a return ticket.
b. If the teacher leaves the school before his/her contract period ends, the school will not pay for his/her return ticket.
c. If the teacher leaves the school prior to completing twelve months period of this contract for any reason, the teacher must reimburse the school the cost of the ticket paid by the school or the school may deduct the equivalent amount from the teacher�s last month�s pay.
CLAUSE 9 (ORIENTATION PERIOD )
a. The teacher will be guaranteed one or two days for an orientation period, before being expected to begin his/her regular teaching work.
b. The teacher will be on the payroll from the day when she/he is trained by native teacher or Korean teacher in Wonderland, except for weekends and national holidays.
c. During the orientation period the teacher is required to be at the school making lesson plans and learning about the school system. The rate of payment for the orientation period will be 20,000 won per day for the first two days and 15,000 per day thereafter.
d. The payment rate for the orientation period shall not exceed 5 working days. Exceeding the 5 day maximum orientation period will be prorated as follows: teacher�s salary divided by the number of teaching days in that session, multiplied by the number of days worked.
CLAUSE 10 (MEDICAL INSURANCE)
a. The teacher will be covered by medical insurance under AIG General Insurance Company.
b. Half of the insurance premium will be paid by the Employer and the other half by the teacher. The monthly premium is made through deduction from salary. Teachers should be aware that medical coverage does not become effective until you have an E-2 working visa and have been issued an alien registration card from immigration in Korea.
CLAUSE 11 (VACATION & HOLIDAYS)
The teacher will be allowed for national holidays and vacation that are indicated in the Young-Ju Wonderland session. The teacher�s vacation will be granted 5 days during summer vacation (=including Saturday and Sunday) and will be granted 5 days during winter vacation (=including Saturday and Sunday).
CLAUSE 12 (EMERGENCY LEAVE)
a. The employer agrees that the employee is entitled to 5 working days of emergency leave, in the event of death in the employee�s immediate family. The immediate family shall include parents and siblings of the employee. For this emergency leave, no deduction of salary will be taken place.
b. The employer cannot provide the teacher with any additional compensation for airfare in the case of an emergency.
c. The employer has the right to request (upon return to Korea) reasonable proof for having granted emergency leave.
d. In the event that a period longer than 5 working days is required for emergency leave, it is up to the employer�s discretion to permit such a period.
CLAUSE 13 (SICK LEAVE AND TARDINESS)
a. The teacher will be granted one sick day during the agreement of this teaching contract. It is the teacher�s responsibility to notify the supervisor or director directly as early as possible when a sick day must be taken, as a substitute teacher must be scheduled.
b. When a teacher uses the allotted one sick day, the number of classes the teacher is scheduled for on that day will be counted towards the total number of classes taught for that session. In the event the teacher must leave the school during the day due to an illness, it shall count as one allotted sick day. Teachers may be asked to present a doctor�s note when sick day is required.
c. Unused sick leave cannot be taken as vacation days. Unused sick leave is to be not paid to the teacher.
d. In the event that teachers who have used the allotted sick day require further absences from classes for any reason (excluding emergency leave), 15,000 Won per thirty minute class shall be deducted from their salary. Frequent absences from classes will result in a warning letter and/or dismissal.
e. Tardiness: If employee is 10 minutes late without notification, two hours of pay may be deducted. If you 40 minutes late without notification, eight hours of pay may be deducted. Two hours of pay may be deducted per 10 minutes late.
CLAUSE 14 (ACCOMMODATIONS)
a. Housing will be provided in one of the following manners:
1) A private room in an apartment shared with other teacher(s)
2) A private apartment
3) A private officetel shared with other teacher(s)
4) A private officetel
5) A private room in a house shared with other teacher(s)
b. The school will provide the teacher with furnished accommodations. When teachers use either a two or three bedroom apartment (house, officetel etc), which is to be shared by two or three teachers and with a shared kitchen and bathroom. In either case, the teacher is to be allocated with a single separate bedroom.
c. Furnishings being provided by the employer include: television, refrigerator, bed, wardrobe, fan, kitchen table, basic utensils, chairs, two-burner gas hot plate, and telephone. The teacher will be expected to provide his/her own pillow, pillowcase, and sheets.
d. Selection of the apartment will be made by the employer.
e. The cost of monthly service, utilities, and telephone charges for the accommodations will be paid by the teacher. In the case of a shared apartment, the cost will be shared by the housemates.
f. For the first three months, the Employer will withhold a deposit of 200,000 won each month, in order for the employer to pay off utility and telephone charges, received by the employer during the three months after the termination of the contract.
g. Any balance due the teacher after all bills have been paid will be transferred to the teacher�s account back home three months after the termination of the contract.
CLAUSE 15 (SEVERANCE PAYMENT)
After completion of this one-year contract, the teacher will receive one additional basic salary of 1,900,000 won as a severance payment in accordance with Korean Labor Laws. A severance payment has been paid will be transferred to the teacher�s account back home three months after the termination of the contract and income tax will be withheld from this payment.
CLAUSE 16 (DISMISSAL OR VOLUNTARY RESIGNATION)
a. The employer reserves the right to dismiss the teacher from employment for the following causes:
①. Neglect or inability to perform his/her duties stipulated in this agreement
②. Absences or late from work
③. Receiving two warning letters
④. Criminal behavior or misconduct
⑤. Teaching any private classes outside of the Wonderland school
a. The employer agrees to give the employee 50 working days notice in the event of dismissal. However, in the case of a teacher�s criminal behavior or misconduct and a cut absence, he/she will be dismissed from employment immediately with no warning or notice.
b. In the event the teacher resigns from employment, he/she can do so giving 50 working days notice to the employer. If employee (Native teacher) want to quit,
He (She) has to stay here (cover the classes) until new native teacher is coming.
c. In either case of dismissal or resignation before completing twelve months period of the contract term, the teacher must reimburse the employer the cost of the ticket to Korea.
d. In either case of dismissal or resignation before completing the contract term, the teacher will NOT receive any severance payment in accordance with Korean Labor Laws.
e. If the teacher�s resignation or dismissal is determined within 12 months, the teacher will be liable for up to 2.0 million won for the costs in recruiting and placing under contract teacher�s replacement.
CLAUSE 17 (GOVERNING LAW & JURISDICTION)
a. This Agreement is governed by the law of the Republic of Korea.
b. This Agreement is made final and firm unless any material modification or amendment to this Agreement is executed with the full knowledge and consent of the undersigned and incorporated into this Agreement.
C . If there is a dispute between the parties involved in this contract, parties agree to the final Korean civil court or Korean civil law, whatever the final decision may be. If at anytime Employee leaves Institution without giving prior notice and without going through the appropriate procedures, Employer has the right to pursue legal actions, for damages and attorney fees, against Employee. If Employee has left Korea altogether, Employer has the right to pursue legal actions outside of Korea.
In witness thereof, we have affixed our signatures hereon.
___________________________ ____________________________ Employer Teacher
__July. 1st_. 2005 __ __July. 1st_. 2005__
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