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How Does this Contract Sound?

 
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aristotle84



Joined: 04 Sep 2006

PostPosted: Thu Sep 28, 2006 7:31 pm    Post subject: How Does this Contract Sound? Reply with quote

Hello all, I was wondering if this contract looks legitimate and if it is on par with what others get. I will appreciate your input. Here it is:


* Contract Duration: From to

This EMPLOYMENT AGREEMENT has been made this day , 2006 between the above mentioned Employer and the above mentioned 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 employment and will work in his/her full capacity for the school.

CLAUSE 2 (PERIOD OF EMPLOYMENT)

- The total Agreement term is for one year, commencing from the first teaching day, ending on the last teaching day of the teacher's twelfth full teaching session, according to the xxxxxx session calendar.

CLAUSE 3 (THE EMPLOYER�S RESPONSIBILITIES)

a. The employer is required to provide support to the teacher in his/her full capacity, 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, as stated within this contract.

c. The employer will guarantee the teacher a salary of 2,000,000 Korean Won per teaching session in consideration of the teacher�s teaching hours and proper preparation for the classes.

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� or �Director� he/she must carry out assignments as directed by the employer. The �Supervisor� or �Director� 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 adequately prepared for the classes in advance, preparing a detailed lesson plan for every class, every day.

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. (no t-shirts, shorts, holes in clothing, visible piercing(s), etc.)

d. The teacher�s work will include the following:

-Teaching the English to students (Target students� ages: 7 to Adult)
-Develop educational programs and materials, expanding off of what is already provided in the xxxxxxx curriculum
-Curriculum design and implementation
- Indoor/outdoor classroom activities for/with students
- Level testing, grading, evaluation, and assessment of students
- Providing students with individualized care
- Attending teacher�s meetings, training, and workshops
- Other related xxxxxx activities and requirements (please refer to the �Teachers Manual�

CLAUSE 5 (WORKING HOURS)

a. During the term of this Agreement, the teacher should work in cooperation with the Supervisor or Director from Monday through Friday, and during special events.

b. Teachers will be required to attend some special events throughout the year (Workshops, graduation ceremony, etc.), which may fall on a Saturday. Teachers do not receive additional compensation for these days.

c. The teacher agrees to teach 100 teaching hours a session, while adequately preparing for each class. The said workload is equal to 150 forty-minute classes per session. (Each session is approximately one month in duration)

CLAUSE 6 (SALARY AND OVERTIME RATE)

a. The employer agrees to pay the teacher salary of 2,000,000 Korean Won for 100 teaching hours per session and preparation for classes.

b. The payment of the teachers� salary is to be made on day of each month, after the required work is completed.

c. Each forty-minute class exceeding the 150 classes/session will be considered as overtime. The payment for the overtime will be 15,000 Korean Won per forty-minute class. 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 inhabitants� taxes will be withheld from the salary in accordance with the Korean laws.

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. Transportation from the airport to the xxxxx school in where the teacher will be teaching, will be provided.

b. If the teacher leaves the school prior to completing 12 months for any reason as agreed to in this contract, the teacher must reimburse the school the cost of the airfare 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. Upon arrival in Korea, the teacher will be guaranteed three days for orientation, training, and general time to settle down, before being expected to begin his/her regular teaching work.

b. During the orientation period the teacher is required to attend the official xxxxxx training at the head office, learning about the school system. Upon completion, the teacher will receive a certificate, becoming a certified xxxxxx teacher.

CLAUSE 10 (MEDICAL INSURANCE)

a. Medical insurance is to be provided by Korean Medical Insurance Union or a different private health insurance company/organization.

b. Half of the insurance premium is to be paid by the employer, while the other half is to be covered by the teacher.

CLAUSE 11 (VACATION & HOLIDAYS)

The teacher will be allowed holidays during national holidays, while vacation days are allowed only during the days allowed/stated in the session calendar.

CLAUSE 12 (ACCOMMODATIONS)

a. The school will provide the teacher with furnished accommodation.

b. Furnishings being provided by the employer include: television, refrigerator, washing machine, bed, wardrobe, fan, kitchen table, basic utensils, chairs, two-burner gas hot plate, and a telephone. The teacher will be expected to provide his/her own pillow, pillowcase, and sheets, etc.

c. Selection of the apartment and its location is to be made by the employer, and will be made without consulting with the teacher.

d. The deposit and monthly rent is the full responsibility of the employer.

e. Any and all other living costs are to be the full responsibility of the teacher. (All utilities: gas, electricity, telephone, cable, internet, etc.)

f. For the first three months, the Employer will withhold a safety deposit of 100,000 Korean Won each month, for a total deposit of 300,000 Korean Won. This deposit is used to pay off utility and telephone charges unpaid at the resident, if any. After the employer clears all utilities and miscellaneous bills and conformation is received, the deposit (minus any remaining dues) is to be returned to the teacher. However, if the total remaining dues exceed the 300,000, the teacher is entirely responsible, and is to satisfy all debts with the employer and/or utility companies.

g. Any and all unpaid balances of services utilized while residing at the furnished apartment is the responsibility of the teacher.bills have been paid will be transferred to the teacher�s account back home two months after the termination of the contract.

CLAUSE 13 (SEVERANCE PAYMENT)

Upon completion of this one-year contract, the teacher will receive a severance payment of 2,000,000 Korean Won, equal to one month�s salaries, in accordance with Korean Laws. This payment will be made at the time of completion of the contract period and any and all income taxes are to be withheld.

CLAUSE 14 (DISMISSAL OR VOLUNTARY RESIGNATION)

a. The employer reserves the right to dismiss the teacher from employment for the following causes:

Neglect or inability to perform his/her duties stipulated in this agreement

Frequent absences from work

Receiving two warning letters

Criminal behavior or misconduct

b. The employer agrees to give the employee the courtesy of 20 working days notice in the event of dismissal. However, in the case of a teacher�s criminal behavior, misconduct, or with any discretion thereof, he/she will be dismissed from employment immediately, without warning or notice. Overall, the employer reserves to right to dismiss an employee at anytime.

c. In the event the teacher resigns from employment, he/she can do so giving 30 working days notice to the employer.

CLAUSE 15 (GOVERNING LAW & JURISDICTION)

a. This Agreement is governed under the laws of the Republic of Korea and any breach of this contract, of any form, may result in prosecution through the legal system in 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.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Sep 28, 2006 7:46 pm    Post subject: Re: How Does this Contract Sound? Reply with quote

aristotle84 wrote:
Hello all, I was wondering if this contract looks legitimate and if it is on par with what others get. I will appreciate your input. Here it is:

(Edited for brevity)

CLAUSE 3 (THE EMPLOYER�S RESPONSIBILITIES)

a. The employer is required to provide support to the teacher in his/her full capacity, 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, as stated within this contract.

c. The employer will guarantee the teacher a salary of 2,000,000 Korean Won per teaching session in consideration of the teacher�s teaching hours and proper preparation for the classes.

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� or �Director� he/she must carry out assignments as directed by the employer. The �Supervisor� or �Director� 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 adequately prepared for the classes in advance, preparing a detailed lesson plan for every class, every day.

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. (no t-shirts, shorts, holes in clothing, visible piercing(s), etc.)

d. The teacher�s work will include the following:

-Teaching the English to students (Target students� ages: 7 to Adult)
-Develop educational programs and materials, expanding off of what is already provided in the xxxxxxx curriculum
-Curriculum design and implementation
- Indoor/outdoor classroom activities for/with students
- Level testing, grading, evaluation, and assessment of students
- Providing students with individualized care
- Attending teacher�s meetings, training, and workshops
- Other related xxxxxx activities and requirements (please refer to the �Teachers Manual�


CLAUSE 5 (WORKING HOURS)

a. During the term of this Agreement, the teacher should work in cooperation with the Supervisor or Director from Monday through Friday, and during special events.

b. Teachers will be required to attend some special events throughout the year (Workshops, graduation ceremony, etc.), which may fall on a Saturday. Teachers do not receive additional compensation for these days.

c. The teacher agrees to teach 100 teaching hours a session, while adequately preparing for each class. The said workload is equal to 150 forty-minute classes per session. (Each session is approximately one month in duration)

CLAUSE 6 (SALARY AND OVERTIME RATE)

a. The employer agrees to pay the teacher salary of 2,000,000 Korean Won for 100 teaching hours per session and preparation for classes.

b. The payment of the teachers� salary is to be made on day of each month, after the required work is completed.

c. Each forty-minute class exceeding the 150 classes/session will be considered as overtime. The payment for the overtime will be 15,000 Korean Won per forty-minute class. Attendance at scheduled staff meetings and workshops, along with preparation for classes is mandatory and not considered as overtime.


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. Transportation from the airport to the xxxxx school in where the teacher will be teaching, will be provided.

b. If the teacher leaves the school prior to completing 12 months for any reason as agreed to in this contract, the teacher must reimburse the school the cost of the airfare paid by the school or the school may deduct the equivalent amount from the teacher�s last month�s pay.

(Edited for brevity)


The rest wasn't even worth taking the time to read. These few clauses are deal breakers.

You work 150 classes for the same money as someone working 120 in a hakwon and 88 - 94 (40 minute classes) in a public school. Double the workload for the same money.

You perform extra work for free. ((Workshops, graduation ceremony, etc.), which may fall on a Saturday.) If it sounds like work you should be paid for it.

You are responsible for the airfare if you quit or get fired early (even after 11.5 months?)

Walk quickly to the next offer.
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