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Contract Advice please

 
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gporumbe



Joined: 20 Jun 2006
Location: FLorida

PostPosted: Wed Sep 13, 2006 7:12 pm    Post subject: Contract Advice please Reply with quote

Tried to post it earlier but dont know if i was successful. Plesae let me know what you think, it seems fair. The higher tax of 5% doesnt seem like a big deal considering im a new teacher and will be making 2.1 mil a month. also the lower overtime doesnt worry me much, the foreign teacher i spoke with has worked there 2 and a half years and said they pay fairly. let me know please


EMPLOYMENT CONTRACT
This employment contract has been made between Jungchul Junior, Gyeryong, Daejeon , Employer (hereafter referred to as �Employer�) and new employee (hereafter referred to as �Employee�). Other articles that don�t exist on this contract will be followed by Labor Laws and employment regulations of Jungchul School ..
<New Employee>
Name:
Date of Birth:
Passport No:
� Present Address:

I. Period of Employment
This contract will be valid for a period of 12months beginning of Nov. 2006 and ending of Nov.. 2007

II. Conditions of Employment
1. Employee�s Duties:
During the term of this Agreement the Employee will perform the following duties:
1.1. EFL instruction in any phase of the Institute's program.
1.2. Curriculum design and implementation.
1.3. Development of educational programs and materials.
1.4. Extracurricular activities for/with students when needed.
1.5. Grading, evaluating and counseling of students.
1.6. Attendance at teachers' meetings and workshops.
1.7. Class preparation and lesson plans
1.8. Cooperation with the Vice-President in all aspects of employment.
1.9. Other related activities.

2. Working hours
2.1. Classes will be held from Monday to Friday during regular sessions and intensive summer (July-August) and winter (December-January) sessions.
2.2. The Employee will be required to work at the times the Employer shall direct,( Regular sessions: Mon to Fri(2:00pm � 10:00pm) / Intensive sessions (9:00am � 6:00pm)) the excess of contract hours will be considered as overtime.

3. Salary and Overtime
3.1. The Employee will be guaranteed (2,100,000) Won per month (before taxes) for teaching ( 120 ) hours per month. This is to be considered as the Employee�s contract hours.
3.2. Only the time worked in excess of contract hours will be considered as overtime. The Employee�s overtime pay will be (18,000)Won per (50) minutes. Attendance at scheduled staff meetings, workshops and class preparation (which is mandatory) will not be considered as overtime.
3.3. The salary will be paid on the first day of actual teaching every month.
3.4. Computation of the initial (first month of employment) salary will commence from the first day of actual teaching at the Institute and, therefore, will not include the orientation period necessary for familiarization with the Institute�s curriculum and the Employee�s duties.

4. Severance Pay

Upon successful completion of a full contract period (12 months), the Employee will be given severance pay which is equivalent to his/her monthly salary of (2,100,000)Won.

5. Benefits

5.1. Housing
The employer will provide the employee with a private furnished apartment consisting of, but not limited to, base appliances.( TV, refrigerator, washing machine, bed, linen, kitchen
Utensils, telephone, internet, air conditioner,�) The employee will pay the cost of utilities.( water Gas, telephone bill, TV�). The employer will ensure that the apartment is clean. In return for a furnished apartment, the employee agrees to respect and care for the apartment , with the exception of normal repairs..

5.2. Vacation, Holidays and Emergency Leave
The Employee will have (a) public holidays detailed in a yearly calendar (in total approximately 14 days) (b) 10 days paid vacation( Summer 5days/Winter 5days) But paid vacations have to follow institute schedule, If the Employee wishes to take different dates from institute�s, he/she must get a permission from the Employer at least a two-month notice before taking a vacation; (c) up to 3 days of paid emergency leave in a year in the event of a death or serious illness of an immediate family member, such as grandparent, parent, spouse, children, brother or sister. The emergency leave will be granted and/or extended after a close consultation with the Vice-President. The Employee will bear the cost of transportation.

5.3. Health Insurance
The Employee will be provided with health insurance coverage from the designated public health insurance corporation with 50% of the premium paid by the Employer and 50% by the Employee.

5.4. Transportation
The Employer will provide the Employee a one-way economy class air ticket to Korea from a main international airport in the country/city where the Employee resides and from which he/she was hired. After completing a one-year contract the Employee will be provided with a return economy class air ticket.
The Employee hired in Korea or come to Korea without working visa shall have the visa trip to Japan paid for by the Employer.
.

III. Taxes and Other Deductions

The following taxes and deductions will be withheld from the Employee�s monthly salary:
A. Income tax required by the Korean Tax Law.(Currently 5%)
B. Health Insurance( 50% paid by the Employer, 50% by the Employee)

IV. Employee�s Conduct and Dress Code

1. During the term of this Agreement the Employee is expected to conduct himself/herself in a professional manner that would project a good image of the Institute. Therefore, the following forms of behavior will NOT be permitted:
A. Coming to the Institute and conducting class under the influence of alcohol or illegal drugs and while smoking;
B. Making sexual advances towards or entering into relationships with the students or employees of the Institute;
C. Using bad language in class that would offend or discredit students, the staff and the Institute.
D. Not following scheduled class timetables, canceling, starting classes late without the prior approval of the academic director.

2. The Employee should present himself/herself to students as a professional. Casual attire, provided it is clean and neat, is acceptable. However, NO blue jeans, sneakers and T-shirts will be allowed (unless otherwise instructed).
V. Duty of Confidentiality

A. The Employee shall not disclose information relating to the contents of lectures, teaching material and business operation of the Institute to any third party.
B. The Employee shall not disclose information regarding his/her salary, overtime payment, and contract hours to any third party, including other Employees of the Institute.

VI. Outside Employment and Conflicts of Interest

A. According to Korean Immigration Law, foreign workers are allowed to work legally in Korea ONLY for the Employer/Institute for which they have received a work visa.
B. By signing this Agreement, the Employee agrees to devote his expertise, time and attention to discharge his duties to his legal Employer and not to engage in any other activity that would in any manner whatsoever compete with the Employer and pose any conflict between the interest of the Employer and the other party and/or interfere with the performance of the Employee�s duties.
C. If the Employee wishes to accept any other employment, such as private or part-time teaching, editing and so on, he/she must get the Vice-President�s approval before doing so. Failure to comply with this rule may result in immediate dismissal.


VII. Dismissal, Voluntary Resignation and Liquidating Damages

1. The Employer will have the right to dismiss the Employee if or when:
A. The Employee repeatedly fails to perform his/her duties stated under this Agreement including but not limited to frequent absences from the place of Employment/Institute without approval of the Vice-President.
B. The Employee fails to conduct himself/herself in a professional manner (as described in Employee�s Conduct and Dress Code section of this Agreement) resulting in damaging the image of the Institute.
C. The Employee places any student or a staff person in jeopardy or causes significant material damage to the Employer as a result of his/her negligence or reckless behavior.
D. The Employee commits any criminal act inside or outside the place of employment/Institute. This will result in immediate dismissal with neither warning nor time for remedy being given to the Employee.
E. The Employee has already received three (3) reprimands (warnings) from the Employer of dissatisfaction with the Employee�s performance, and the Employee has not rectified the situation.

2. The Employee may not earlier terminate this Agreement without a good reason. If required, 45 days prior notice must be given to the Employer before termination of the contract.

3. In any case of dismissal or voluntary resignation, the Employer will not provide a return ticket and will not give the severance pay. In addition, if the Employee voluntarily terminates this contract before 6 months of the contract, he/she will have to reimburse to the Employer the initial airfare.

VIII. Understanding

A. Both parties have read the above terms and conditions and agree to fulfill them in good faith and will resolve any dispute in a reasonable manner.
B. All issues that cannot be solved by the two parties above will be solved in accordance with the appropriate laws of the Republic of Korea.

The Employer and the Employee have executed this agreement and appended their signatures on the date below:


Employer Employee


Signature Signature

Date Date
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formerflautist



Joined: 30 May 2006

PostPosted: Wed Sep 13, 2006 7:45 pm    Post subject: Reply with quote

3.2 Overtime is too low.

3.4 How many days is orientation? Anything over one day and I would request to be paid. I'd request to be paid for any amount of orientation. They could throw you in a classroom to teach and label it orientation.

3.2. You have to be at the school for eight hours everyday but meetings and prep work is outside of this? That's crap. Eight hours should include any meetings that might take place and all prep work.

5.1 The employer will ensure the apartment is clean? Clean before you move in or clean while you're living there? This seems to give the boss free reign to check your apartment whenever s/he wants.

5.2 Emergency leave needs to be longer. And what about sick days? You should get at least three paid.

This contract isn't awful but it isn't great. Get clarification on teaching hours. Talk to more than one teacher.

(mod edit: please continue discussion here: http://www.eslcafe.com/forums/korea/viewtopic.php?t=65940 )
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