alabamaman
Joined: 25 Apr 2006
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 Posted: Tue Aug 08, 2006 5:50 am Post subject: How would you rate this contract? |
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Employment Agreement For Instructor
Contract
This Employment Agreement has been made this September. , 2005 by and between *****************; a corporation organized and existing under the laws of the Republic of Korea(hereinafter called "Employer"): and ____________________, a citizen of _________
(hereinafter called "Employee").
Witness
Each English language instructor recruited and approved by Employer under an employment agreement between Employer and each such instructor, Whereas, Employee has been selected and approved by Employer and Employee, in consideration of the mutual promises and covenants contained herein, agree as follows:
1. Employment of Employee
1.1 Employer hereby employs Employee to teach the English language in the form and manner and under the terms and conditions set forth here in this Agreement.
1.2 Employee hereby accepts employment from Employer to teach the English language in the form and manner and under the terms and conditions set forth here in this Agreement.
2. Placement of Employment
2.1 Employee will be employed to teach the English language at ************ located in Daegu, the Republic of Korea(hereinafter referred to as "place of employment".)
3. Duties of the Employee
3.1 During the period of this Agreement, Employee will accept, follow, and strictly
comply with the instructions, supervision, training and discipline of the Director.
These duties will include competent instruction in any and all phases of the
instructional program, administrative, duties related to the Employee's classroom
duties, attendance at scheduled staff meetings and workshops, and any other duties as may be assigned by the Director. The Director is responsible for establishing standards of performance relative to the Employee and is empowered to take all reasonable steps necessary to assure those standards are met.
3.2 During the term of this Agreement, Employee will be normally required to perform work assigned him/her by the Director for 120 hours each month.
What are the Foreign Language Teachers working schedule each day?
How long are the classes?
How is a class hour defined?
What are the operational hours of the institute?
3.3 In addition to the aforesaid 120 hours of classroom assignments each month, the Director will have the authority to require Employee to perform any additional
This "the Director will have the authority to require Employee to perform any additional classroom duties in excess 120 hours per month (herin after called "Overtime")
classroom duties in excess 120 hours per month(herein after called "Overtime") with consent of Employee. Attendance at scheduled staff meetings and workshops are not considered overtime.
Hours worked outside "defined hours" that should be in the contract would be considered overtime! Split shifts, make up an hour hear and an hour there, and a hectic schedule isn't a "teaching schedule!"
Overtime rate for each hour worked over and above 120 times per month is \20,000 per time.
How long are the overtime classes?
3.4 The Employee is not permitted by law to seek or gain employment of any type outside the place of employment without prior written permission of the Employer. The Employer contracts the duties of the Employee and the working visa based solely upon that Agreement.
The employee also needs permission from Korean Immigration Officials.
3.5 The Employee understands and agrees that at all times during the term of this
Agreement, strict adherence to and obedience of all laws, provisions, instructions, and guidance from the government of the Republic of Korea or any local government officials is implied.
3.6. In case of contract default on the part of the employee, the Employee agrees to forfeit all rights specified under the contracted Agreement.
Default: In law, a default is the failure to do something required by law or to appearat a required time in legal proceedings.
3.7 When the Employee didn't complete the class hour that are assigned for the month due to the absence, employee should make up for the class hours that he/she missed.
[i][b]If the institution cannot provide enough working hours, then that's a problem upper management needs to address with themselves. They need to find more ways to get students to enroll.
3.8 According to the circumstances of the school the employee's salary would be deducted by the hour for the deleted classes. (But, it would be decided when the school and the instructors discussed.)
You cannot deduct pay without justifiable reasons in accordance with labor laws, and this doesn't meet that criteria. Remove this penalty clauseb]
3.9 Instructor(Employee) duties will include, but not be limited to the following:
* Advertisement
[b]Adverise is the choice of the instructor, and e-mail is private information.
* Curriculum design and implementation
It's not your job to design curriculum that should allready be set in stone upon arrival in South Korea.
* Evaluation of students' performance
How do you evaluate their performance. This is too vague!
* Student counseling
Leave that up to your supervisor to do!
* Other academically related activities as assigned
4. Compensation and Other Treatment of Employee
4.1 Salary
Employer will pay Employee 2,000,000 for each month of the contract period.
Payment of the aforesaid salaries will be made in (Korean Currency) Won. This
salary will be paid on the 15th of the n
Negotiate for the 3rd and no later than the 5th!
ext month. Korean income taxes will be
withheld according to Korea tax law.
How much taxes will the employer deduct per month throughout the contract period.
4.2 Severance Payment
Employee will be given an additional monthly salary payment for completing the
contract period. This amount will be paid at the time of, and is dependent on,
completion of the full contract term. This amount is also subject to Korean income taxes.
How much will the severance pay be after taxes?
4.3 Holidays / Annual leave
* Holidays : Employee will observe only Korean national holidays as scheduled by Employer and detailed in a yearly calendar provided before the commencement of the year to which the calendar refers.
* Annual leave : Employee is permitted ten(10)days (include the weekend) of paid leave per year. The employee should notice that to the employer at least 1month in advance.
4.4 Housing
Employer agrees to provide housing for Employee. Employee is not responsible for the payment of the rent. Employee is responsible for his/her share of utilities. Housing will be provided a private room in an apartment shared with other teacher.(Single room).
What does the employer provide the employee with here? This is fairly common sense! Bed, dresser, desk, chair, airconditioner, fridge, television, washing machine, forks, knives, spoons, bowls, plates, pots, pans, cups, microwave, and etc.
4.5 Transportation
The Employee purchase the air ticket for Korea. The airfare will be provided to the Employee by the Employer within 10 days after he/she arrives in Korea.
Employee should be reimbursed upon arrival!
The Employer will provide Employee a return air ticket at the time of completion of the subsequent contract period. In the event that Employee completes the full contract period, does not continue employment under a subsequent employment agreement with Employer, and remains in Korea, said amount for return airline ticket will be paid to Employee on the 15th of the following month.
In the event Employee voluntarily resigns prior to the termination of the term of Agreement, Employer will require Employee to reimburse Employer for costs of air fare for the trip to Korea which paid by Employer.
4.6 Voluntary Resignation
In the event Employee voluntarily resigns prior to the termination of the term of this agreement, Employer will not sign the letter of release form currently required by Korean Immigration to allow Employee to work for another organization in Korea.
5. Term and Renewal
5.1 The term of this Agreement shall include one year from ____________ subject to one or more extensions by mutual consent as indicated here in below, however,
that in the event the contract year period would end during a school term, then
and in such event, the Agreement shall continue in full term and effect until the
termination of such school term.
5.2 Not later that thirty(30) days prior to the date of termination of this Agreement, Employer and Employee shall consult together and shall either agree or fail to agree as to an extension hereof. In the event the parties fail to agree upon an extension, this Agreement shall terminate as of the date of termination set forth here in above.
6. Dismissal by
Employer reserves the right to dismiss Employee for clear neglect of duties and
responsibilities under this Agreement. This includes but is not limited to, frequent
and unexcused absences, criminal, disgraceful or unethical conduct inside or outside the place of employment that would, unapproved student lesson as a private enterprise ,and absent more than twice a month without asking or late for the school more than 5 times a month. Upon dismissal from Employer, this contract becomes invalid and the employee's working visa is terminated. Applicable Korean Immigration laws will thus to the individual and he/she will have the reasonability to comply with this laws.
7. General Provisions
7.1 Governing law
This Agreement will be governed and constructed in accordance with the laws of the Republic of Korea as applied to transactions taking place wholly within Korea between contractor.
7.2 Entire Agreement
This Agreement sets forth the entire understanding and agreement of the parties as to the subject matter of this Agreement. It may not be changed orally but only by a writing signed by both parties. The terms of this Agreement will govern all Project Assignments and services. In WITNESS WHERE OF, the Employer and the Employee both agree to be legally and morally indicated below. Signatures and dates appear on the endorsement page.
No pension
No Healthcare
Last edited by alabamaman on Tue Aug 08, 2006 8:32 am; edited 2 times in total |
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