Korean Job Discussion Forums

[starshine]

AGREEMENT FOR TEACHING SERVICES

AGREEMENT (�Agreement�) made as of this ____ day of _______________, 20____ by and between the employer, _____________________(�Company�), having its office __________________________________ ___________________________ Korea, and an individual ___________(�Instructor), having his/her residence at_________________________________________________________________.

WHEREAS, the Company desires to enlist the services of the Instructor and the Instructor desires to render such services on the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:

1) Work Period and Compensation
1.1 Subject to the terms and provisions of this Agreement, the Company hereby pay for the services of the Instructor and the Instructor hereby agrees to offer services to the Company for the period commencing on ________________, 2006, (the "Commencement Date") and ending on ________________, 2007 (the "End Date") unless terminated sooner as provided in Section 2 hereof (the "Employment Term"). This Agreement shall be valid only upon the Instructor having successfully completed the CDI training program (the �Training�) and in possession of a teaching certificate (the �Certificate�) issued from CDI. Refusal of Training or deliberate poor performance as determined by Company will null and void the terms and conditions of this Agreement.
1.2 During the term of this Agreement, the Instructor is required to prepare, teach, and perform all required administrative duties relating to the classes assigned by the Company. The teaching requirement is one hundred twenty (120) actual teaching hours per month.

1.3 The monthly compensation for this employment shall initially be set at _______2.3__________________ (____million_) Korean won, which shall be paid monthly only upon full completion of all duties and obligations arising from the applicable month of employment. Salary will commence from the first day of teaching and shall be pro-rated for the first month in the event that the Instructor does not work for the full month during the first pay period. When an employee is absent from scheduled teaching duties, salary will be deducted according to the substitute instructor�s overtime rate. The Instructor shall be entitled to the payment of one (1) month salary of _________________2.3________________ (________million_) Korean Won as severance pay upon the successful completion of the full term of this Agreement minus any applicable taxes and other withholdings as required by law. Severance pay shall be paid along with the salary for the twelfth (12th) month of employment.

1.4 The monthly compensation, minus any applicable taxes or other withholdings required by law, will be paid out on the ______ day of each month with the exception of holidays and other days that banks are normally closed (including weekend days) in which case the monthly wages will be paid on the next following business day.

1.5 The Company will assist in procuring adequate health insurance for the Instructor and make applicable pension payments on behalf of the Instructor during the duration of this contract. The Company and the Instructor will each bear fifty (50) percent of the total cost of health insurance and applicable pension payments. The Instructor is required to return the health insurance card upon completion or termination of this Agreement and to report to the appropriate organizations and agencies, the Instructor�s change in employment status.

1.6 The Company shall provide housing for the Instructor during the term of this Agreement. In the event that this agreement is terminated by either party, subject to Article 2 below, the Instructor must vacate the premises within seven (7) days of notice of termination. Any costs associated with Instructor�s failure to vacate the premises, including but not limited to rent payments, legal expenses, and attorney fees shall be paid by the Instructor.

1.7 The Company will provide a relocation fee of Two hundred thousand (200,000) Korean Won to the Instructor arriving from outside Korea. The relocation fee will be paid to the instructor upon the end of Training and acquirement of the CDI teaching Certificate.

1.8 The Instructor will be required to undertake orientation and training before commencing teaching as stated in 1.1. The period of training and orientation will usually take several days. In case where the Instructor is arriving from outside Korea for the sole purpose of acquiring employment with the Company, the Company shall provide, if needed, accommodation and meals for the duration of the Training at a cost of Two hundred thousand (200,000) Korean Won to the Instructor.

1.9 The employer will provide the employee with a one way ticket departing from employee�s the nearest international airport. If the Employee is hired within Korea, the Employer must cover the expenses for Japan visa run. If the employee leaves the school before 6 months, they must reimburse the school for the airfare or Japan visa run expenses.
When the Employee completes his/her contract, the Employer must buy a one-way ticket for the employee�s nearest international airport or pay equal amount money to the employee. If the Employee does not complete the contract then the Employer will not pay airfare.

1.10 The Instructor may be required to teach classes on at least one of the Weekend days (Saturday or Sundays) should the schedule designated by the Company call for such classes to be taught on the part of the Instructor. The Instructor is also required to attend periodic training sessions held by the Company in order to improve instruction quality. The hours spent in relation to these periodic training sessions shall not be construed as teaching hours and the Instructor shall not be compensated for preparing for, traveling to, or attending such training sessions.

1.11 The Instructor is required to teach additional Special Classes during regular school vacation periods (Spring, Summer and Winter Vacations) as the Company requires of the Instructor.

1.12 Company shall pay Twenty five thousand (25,000) won for each hour taught by the Instructor in excess of the one hundred twenty (120) teaching hours per month as overtime pay.

1.13 The Company may, at its sole discretion, provide the Instructor with bonuses, stipends or other additional remuneration provided that such bonuses, stipends or other additional remuneration shall neither be expected nor required by either party.

1.14 The Instructor shall be entitled to seven (7) days of authorized leave per year to be taken during regular Korean school examination periods, subject to Article 3 below and the Instructor complying with the proper Company notification procedures and obtaining prior written approval from the Company for such leave. Instructor may not apply for authorized leave until the completion of six (6) full months of providing services under this Agreement, and may not apply for authorized leave more than once in any consecutive nine (9) months.

1.15 The company may request the Instructor to substitute for another instructor in another class, provided that the teaching hours do not exceed one hundred twenty (120) hours per month. Hours in excess of one hundred twenty (120) will be construed as overtime as stated in 1.12.

2) Termination

2.1 The Instructor or the Company may terminate this Agreement by providing forty five (45) days advance notice in writing. In order to protect the continuity of education for the Company�s students, both parties will faithfully fulfill all of their duties under this Agreement until its actual termination. In the event that Instructor terminates this Agreement prior to the End Date, a sum of One Million (1,000,000) Korean Won will be withheld from Instructor�s salary to subsidize the recruiting cost for a replacement instructor on the part of Company.


2.2 The Company may terminate this Agreement without prior notice to the Instructor under Article 2.1 for any of the following reasons: (i) violations of the laws of the Republic of Korea; ii) being under the influence of alcohol or drugs while teaching class or attending scheduled meetings; (iii) tardiness to class on a continuous basis�two (2) or more times per three (3) month period; iv) endangerment or contributing to the delinquency of a student (v) failure to keep regularly scheduled class hours on a continuous basis; (vi) absence from classes without prior approval from the Company; and vii) breach of any covenants contained in Article 3 below.

2.3 In the event that the Instructor refuses the teaching class schedule as provided in Article 1.2 prior to the Commencement Date or anytime thereafter up to the end of the term of the Agreement, the Company may terminate this Agreement without prior notice under Article 2.1.

2.4 In the event this agreement is terminated prior to the End Date, instructors wishing to apply to other CDI schools will be required to produce a signed letter of release or recommendation from the Company. In the absence of such document, Instructor shall not be hired at other CDI schools until the expiration of this agreement at the End Date unless Company provides adequate reasons for the Instructor to terminate this agreement for breach of terms within.

3) Covenants

3.1 The Instructor will do his/her utmost to deliver the highest quality of education in line with the Company�s policies and programs.

(a) The Instructor must observe all the required Student Management Procedures and Policies set forth by the Company. The Instructor shall work in good faith to accommodate the Company administration staff�s requests.
(b) The Instructor must adhere to the proper check-in procedures and arrive at his/her classroom at least thirty (30) minutes prior to the beginning of classes each working day.
(c) The Instructor will refrain from requesting time off or excuse of performance of the obligations hereunder for any reason until after the completion of six (6) consecutive months of providing services [without tardiness or absence] and the Instructor is prohibited from requesting leave time more than once in any consecutive nine (9) months of employment.
(d) The Instructor must refrain from directly or indirectly causing any harm to the operations, management or corporate image of the Company. The Company may terminate this Agreement without prior notice to the Instructor should the Company determine that the Instructor has failed to observe and abide by these provisions and the Company reserves the right to pursue any and all remedies at law or in equity, including legal expenses and attorneys fees, to rectify or seek compensation for any breach or damages caused by the Instructor.

3.2 Work Product. All original material produced by the Instructor in the performance of his/her obligations hereunder during the term of this Agreement shall become and remain the sole property of the Company.
3.3 Unauthorized Disclosure. The Instructor agrees and understands that in the Instructor's position with the Company, the Instructor has been and will be exposed to and receive information relating to the affairs of the Company, including but not limited to technical information, customer information, product information, intellectual property, computer systems, and other information concerning the Company's products, development, business policies and practices, and other forms of information considered by the Company to be confidential and in the nature of trade secrets. The Instructor agrees that during the term of this Agreement and thereafter, the Instructor will keep such information confidential and not disclose such information, either directly or indirectly, to any third person or entity without the prior written consent of the Company (unless such information is otherwise in the public domain through no fault of the Instructor); provided, however, that nothing in this Article 3 shall prevent the Instructor with or without the Company's consent, from disclosing documents or information in connection with any judicial or administrative investigation, inquiry or proceeding, provided the Instructor is compelled to do so by court order or subpoena and notifies the Company as soon as practicable after the receipt of such court order or subpoena. This confidentiality covenant has no temporal, geographical or territorial restriction. Upon termination of this Agreement, the Instructor will promptly surrender possession to the Company and refrain from using all property, keys, notes, pass codes, memoranda, writings, e-mail accounts, lists, files, reports, customer lists, correspondence, tapes, disks, cards, logs, machines, technical data or any other tangible products or documents in the actual or constructive possession of the Instructor.
3.4 Non-solicitation and Non-disparagement. The Instructor agrees that the Instructor shall not during the term of this Agreement and for a period of six (6) months thereafter (the "Restriction Period"), intentionally or knowingly, directly or indirectly, (i) interfere with the relationships of the Company and Its Affiliates, or endeavor to entice away from the Company and Its Affiliates, any individual, person, firm, corporation or other business entity who at any time during the term of this Agreement was an employee or customer of the Company and Its Affiliates or otherwise had a material business relationship with the Company and Its Affiliates, or (ii) discourage, or attempt to discourage, any individual, person, firm, corporation or business entity from doing business with the Company and Its Affiliates. The Instructor agrees that during the term of this Agreement and thereafter, he/she will not intentionally or knowingly, directly or indirectly, make or publish any negative or disparaging statements, comments or remarks regarding the Company and its Affiliates, instructors, employees, directors, or officers during the Restriction Period.
3.5 The provisions of this entire Article 3 shall survive any termination of this Agreement, and the existence of any claim or cause of action by the Instructor against the Company, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Company of the covenants and agreements of this Article 3.
4. Non-Waiver of Rights. The failure to enforce at any time the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement or any part hereof, or the right of either party to enforce each and every provision in accordance with its terms.

5. Entire Agreement. This Agreement sets forth the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and plans, written or oral between them as to such subject matter. No party has been induced to enter into this Agreement by, nor is any party relying on any representation or warranty outside those expressly set forth herein.
6. Severability. If any provision of this Agreement, or any application thereof to any circumstances, is deemed invalid, in whole or in part, by a court of law or other governmental authority, such provision or application shall to that extent be severable and shall not affect other provisions or applications of this Agreement.
7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea, without reference to the principles of conflict of laws. Any and all conflicts may be resolved
in a competent court in the Republic of Korea or through arbitration if both parties agree.

8. Modifications and Waivers. No provision of this Agreement may be modified, altered or amended except by an instrument in writing executed by the parties hereto. No waiver by either party hereto of any breach by the other party hereto of any provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions at the time or at any prior or subsequent time.

9. Impracticability of Performance. In the event of calamity, including but not limited to riot, insurrection, war, or other emergency conditions, as well as significant changes in the law occurring in the Republic of Korea and caused by acts of nature or of man, which may hinder or alter the normal operations of the Company, this Agreement shall be deemed null and void and all obligations arising herein shall be immediately terminated.
10. Headings. The headings contained herein are solely for the purposes of reference, are not part of this Agreement, and shall in no way affect the meaning or interpretation of this Agreement.
11. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument.
12. Confidentiality of agreement. The remuneration and all terms of this agreement are strictly confidential. Any dissemination or divulgence of its content by Instructor to other party or parties not included in this agreement may result in the immediate termination of this agreement and null and void all terms herein.
13. Instructor Representations. The Instructor represents and warrants to the Company that the Instructor is not subject to any agreement, written or oral, any law, regulation or similar enactment, or any decree, order or similar action by any tribunal or government authority, which could, in any way, restrict Instructor�s ability to negotiate, enter into or fully perform any obligations hereunder.

IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date set forth below.

COMPANY ( ) INSTRUCTOR
By:
_____________________________ Date_______ _____________________________ Date_______
Name: Name:
Title: ID#

[b]

[Grotto]

Labour contract for teaching services

AGREEMENT FOR TEACHING SERVICES

AGREEMENT (�Agreement�) made as of this ____ day of _______________, 20____ by and between the employer, _____________________(�Company�), having its office __________________________________ ___________________________ Korea, and an individual ___________(�Instructor), having his/her residence at_________________________________________________________________.

WHEREAS, the Company desires to enlist the services of the Instructor and the Instructor desires to render such services on the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:

1) Work Period and Compensation
1.1 Subject to the terms and provisions of this Agreement, the Company hereby pay for the services of the Instructor and the Instructor hereby agrees to offer services to the Company for the period commencing on ________________, 2006, (the "Commencement Date") and ending on ________________, 2007 (the "End Date") unless terminated sooner as provided in Section 2 hereof (the "Employment Term"). This Agreement shall be valid only upon the Instructor having successfully completed the CDI training program (the �Training�) and in possession of a teaching certificate (the �Certificate�) issued from CDI. Refusal of Training or deliberate poor performance as determined by Company will null and void the terms and conditions of this Agreement.

1.2 During the term of this Agreement, the Instructor is required to prepare, teach, and perform all required administrative duties relating to the classes assigned by the Company. The teaching requirement is one hundred twenty (120) actual teaching hours per month.

how many classes a day? a week? How long are the classes? When are they? You want a set schedule or you will end up working splits! OR they will jerk you around schedule wise to their convenience!

1.3 The monthly compensation for this employment shall initially be set at _______2.3__________________ (____million_) Korean won, which shall be paid monthly only upon full completion of all duties and obligations arising from the applicable month of employment. Salary will commence from the first day of teaching and shall be pro-rated for the first month in the event that the Instructor does not work for the full month during the first pay period. When an employee is absent from scheduled teaching duties, salary will be deducted according to the substitute instructor�s overtime rate.

unacceptable....you should not have overtime deducted from your salary for missing a class....illegal penalty clause!

The Instructor shall be entitled to the payment of one (1) month salary of _________________2.3________________ (________million_) Korean Won as severance pay upon the successful completion of the full term of this Agreement minus any applicable taxes and other withholdings as required by law. Severance pay shall be paid along with the salary for the twelfth (12th) month of employment.

1.4 The monthly compensation, minus any applicable taxes or other withholdings required by law, will be paid out on the ______ day of each month with the exception of holidays and other days that banks are normally closed (including weekend days) in which case the monthly wages will be paid on the next following business day.

no later than the 5'th and change the bolded to 'the preceding business day'...late pay is a violation of the contract dumba*s

1.5 The Company will assist in procuring adequate health insurance for the Instructor and make applicable pension payments on behalf of the Instructor during the duration of this contract. The Company and the Instructor will each bear fifty (50) percent of the total cost of health insurance and applicable pension payments. The Instructor is required to return the health insurance card upon completion or termination of this Agreement and to report to the appropriate organizations and agencies, the Instructor�s change in employment status.

currently pension is 4.5% each and health care is 2.24% each...taxes on 2.3 is about 2%

1.6 The Company shall provide housing for the Instructor during the term of this Agreement. In the event that this agreement is terminated by either party, subject to Article 2 below, the Instructor must vacate the premises within seven (7) days of notice of termination. Any costs associated with Instructor�s failure to vacate the premises, including but not limited to rent payments, legal expenses, and attorney fees shall be paid by the Instructor.

Thats up to a judge to decide....not you guys!

1.7 The Company will provide a relocation fee of Two hundred thousand (200,000) Korean Won to the Instructor arriving from outside Korea. The relocation fee will be paid to the instructor upon the end of Training and acquirement of the CDI teaching Certificate.

This payment is seperate from your salary.

1.8 The Instructor will be required to undertake orientation and training before commencing teaching as stated in 1.1. The period of training and orientation will usually take several days. In case where the Instructor is arriving from outside Korea for the sole purpose of acquiring employment with the Company, the Company shall provide, if needed, accommodation and meals for the duration of the Training at a cost of Two hundred thousand (200,000) Korean Won to the Instructor.

unacceptable....the school should cover these costs...it is for their benefit....notice how they give you 300k with one hand and steal 200k back with the other and make you work for a week for free crooks

1.9 The employer will provide the employee with a one way ticket departing from employee�s the nearest international airport. If the Employee is hired within Korea, the Employer must cover the expenses for Japan visa run. If the employee leaves the school before 6 months, they must reimburse the school for the airfare or Japan visa run expenses.
When the Employee completes his/her contract, the Employer must buy a one-way ticket for the employee�s nearest international airport or pay equal amount money to the employee. If the Employee does not complete the contract then the Employer will not pay airfare.

1.10 The Instructor may be required to teach classes on at least one of the Weekend days (Saturday or Sundays) should the schedule designated by the Company call for such classes to be taught on the part of the Instructor. The Instructor is also required to attend periodic training sessions held by the Company in order to improve instruction quality. The hours spent in relation to these periodic training sessions shall not be construed as teaching hours and the Instructor shall not be compensated for preparing for, traveling to, or attending such training sessions.

IF they are not paid then they are not required....you cannot demand work from and employee without compensation....such clauses are illegal and a violation of Korean labour laws!

1.11 The Instructor is required to teach additional Special Classes during regular school vacation periods (Spring, Summer and Winter Vacations) as the Company requires of the Instructor.

forced overtime is also illegal....they should change this to "the instructor will be offered an opportunity to teach overtime classes during intensives.

1.12 Company shall pay Twenty five thousand (25,000) won for each hour taught by the Instructor in excess of the one hundred twenty (120) teaching hours per month as overtime pay.

find out what a teaching hour is defined as.......it should be for each 45- 50 minute class

1.13 The Company may, at its sole discretion, provide the Instructor with bonuses, stipends or other additional remuneration provided that such bonuses, stipends or other additional remuneration shall neither be expected nor required by either party.

1.14 The Instructor shall be entitled to seven (7) days of authorized leave per year to be taken during regular Korean school examination periods, subject to Article 3 below and the Instructor complying with the proper Company notification procedures and obtaining prior written approval from the Company for such leave. Instructor may not apply for authorized leave until the completion of six (6) full months of providing services under this Agreement, and may not apply for authorized leave more than once in any consecutive nine (9) months.

10 days is the minimum required by law....dont settle for anything less.....otherwise you are letting them steal from you. There is also no mention of national holidays in this contract which you are entitled to by law....if you work on a national holiday you should be paid OT over and above your salary

1.15 The company may request the Instructor to substitute for another instructor in another class, provided that the teaching hours do not exceed one hundred twenty (120) hours per month. Hours in excess of one hundred twenty (120) will be construed as overtime as stated in 1.12.

2) Termination

2.1 The Instructor or the Company may terminate this Agreement by providing forty five (45) days advance notice in writing. In order to protect the continuity of education for the Company�s students, both parties will faithfully fulfill all of their duties under this Agreement until its actual termination. In the event that Instructor terminates this Agreement prior to the End Date, a sum of One Million (1,000,000) Korean Won will be withheld from Instructor�s salary to subsidize the recruiting cost for a replacement instructor on the part of Company.

Illegal penalty clause once again. Such clauses are illegal and unenforcable under Korean law!


2.2 The Company may terminate this Agreement without prior notice to the Instructor under Article 2.1 for any of the following reasons: (i) violations of the laws of the Republic of Korea; ii) being under the influence of alcohol or drugs while teaching class or attending scheduled meetings; (iii) tardiness to class on a continuous basis�two (2) or more times per three (3) month period; iv) endangerment or contributing to the delinquency of a student (v) failure to keep regularly scheduled class hours on a continuous basis; (vi) absence from classes without prior approval from the Company; and vii) breach of any covenants contained in Article 3 below.

as per v) you dont have any regularly scheduled classes otherwise they would be written down clearly in this contract!

2.3 In the event that the Instructor refuses the teaching class schedule as provided in Article 1.2 prior to the Commencement Date or anytime thereafter up to the end of the term of the Agreement, the Company may terminate this Agreement without prior notice under Article 2.1.

again...there is no class schedule provided....this clause is crap!

[starshine]

thanks for your time grotto; i really appreciate it. so, what is a person to do from here? can i ask cdi to make corrections to the contract? would they actually oblige me this? where do i go to find these korean labour laws? i'm so confused; i thought i heard good things about cdi. what exactly do you mean by "exploit their teachers?" are they really that bad or different compared to others? good pay (2.3 for a newbie), a good location (haeundae), good schedule (4-10), no kinder; do you really feel that i should turn this down? i'm overwhelmed; thanks for your help:)

[ttompatz]

[Grotto]

CDI also doesnt allow national holidays....you work straight through and only get 9 days off throughout the year. You should be getting 13-15 national holidays and a minimum of 10 days paid vacation.

sure they tell you 4-10 but they wont put it in the contract....if they did and agreed to anything outside of it being overtime I would say sign.....but chances are they wont budge and once you get there your schedule will change....and change....and change.

I know of 3 people with CDI...two did midnight runs(late payment of salary, excessive hours, no breaks etc) only 1 stuck it out the entire year and swore never again!