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contract review

 
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Eric Cable



Joined: 11 Oct 2006
Location: Winnipeg Canada

PostPosted: Mon Oct 16, 2006 12:49 pm    Post subject: contract review Reply with quote

Hi,

I receieved a contract and was wondering had any opinions or advice on this contract. Thanks so much!!!!!!!!

EMPLOYMENT CONTRACT FOR TEACHER


THIS EMPLOYMENT AGREEMENT has been made on this day ________________ between Reading Town Guri Campus located in Guri City, South Korea (here in after referred to as the � Employer�) and Eric Cable a citizen of Canada passport #
(here in after referred to as the � teacher�). The teacher is hired by the Employer and both parties agree on the following terms and conditions :

1. PERIOD OF EMPLOYMENT
(1) The total agreement term is approximately one year, commencing from the date of arrival in KOREA and finishing on the last teaching day of the teacher�s twelfth teaching month.
(2) The terms of this Agreement includes preparatory period, twelve(12) full and
consecutive teaching sessions and all scheduled vacations and holidays.
(3) The teacher agrees to discontinue residence in Korea under the visa status
sponsored by employer within five days of completion of this employment.

2. TEACHER�S DUTY
(1) The teacher will follow set class schedules and will not dismiss classes, cancel classes or start classes late without the approval of the institute director.
(2) The teacher agrees not to partake in the following activities since they may damage the reputation of the institute.
-. Conducting class while under the influence of alcohol, while smoking or under
the influence of illegal drugs.
-. Making sexual advances towards or entering into relationships with students and
teachers of the institute.
-. Conducting any private classes or accepting any funds without the permission
from the institute.
(3) If the institute needs the teacher to teach outsides, he/she should go outside to teach.
(4) During the terms of this agreement, the teacher is required to prepare for teach,
and carry out all required administrative duties connected with classes assigned
by the employer.(EX, mid & final exam, call to students every month and correct students� book reports and ..)
(5) The teacher should arrive at the institute at least one and half hours earlier than the class starts to prepare class.
(6) The institute can request to serve on Saturday to interview students for level test
without extra paying salary. However, in case of over working hours (term #3)
the institute has to pay overtime salary.
(7) If an emergency happens(sick & ..,), the teacher has to notify director 5 hours
early and submit a doctor�s subscription in 3 days.
(Cool In the event of absence due to illness, the school will deduct the amount of 18,000
Won per class from the teacher�s monthly salary. This money will be used to provide
a substitute teacher.

3. WORKING HOURS
The number of regular teaching hours will be 30, 50-min(37, in case of 40-minute classes) teaching hours per week. Classes will be held from Monday to Friday. Classes and teaching are scheduled at the institute�s sole discretion although reasonable efforts will be made to accommodate the teacher�s requests. If the teacher is absent for any reason, he/she will be required to make up time lost. During the term of this Agreement, the teacher shall be required to work well and closely with the academic supervisor each week from Monday to Friday at the times the academic supervisor shall direct

4. SALARY & OVERTIME
A monthly salary of 2,000,000 won will be guaranteed for 30, 50-min classes (37, in case of 40-minute classes) per workweek. In the event of 60-minute classes during summer special sessions, the Employee will be paid the monthly salary at 2,000,000 won for 25 classes per week. This salary will be paid monthly of the following month. Each teaching hour in excess of 30, 50-min classes per week is considered overtime. The overtime pay will be 18,000 won per working hour. Attendance at scheduled staff meetings and workshop (which is mandatory � no pay) cannot be considered as overtime. Tax for income will be deducted from the salary according to the Korean tax. Failure to pay teacher promptly at the end of each and every month under contract will terminate this contract within 5 days if there is no payment by that time at which time the Institute will provide for return airfare from origination.

5. HOUSING and DEPOSIT
The school shall provide furnished a single living accommodation. Furnishings provided by the Employer, include : blanket, pillow, bed, refrigerator , washing machine,
microwave, VTR, television. Selection of apartments will be made by the Employer. The cost of monthly service, utilities for the accommodation provided will be paid by the teacher. Teacher agrees to a deduction of 200,000 won per month from the first two months of employment.
This deposit will be refunded 5 days after the completion of this contract.

6. RELEASE FROM CONTRACT
Both parties have the right to make the contract null and void if the following occurs :
(1) If the teacher seeks release from the contract for cultural differences, homesickness or personal problems, the teacher agrees to work until the new teacher arrives.
(2) If the teacher fails to conduct him/ her in a professional manner, resulting in the damaged image of the institute, the institute has the right to terminate this contract, only after allowing teacher sufficient time to correct behavior and when problem still exists contract may be terminated and the Institute must provide at least one week notice to the teacher. (Return airfare may not be provided.)
(3) If the teacher fails to improve his or her teaching after receiving two complain letters from parents about class performance (After said complaint letters are received, the school will give the teacher a chance to observe four to six model classes in an attempt to improve his or her own teaching.), the institute has the right to terminate this contract.
(4) Both parties have read the above conditions and agree to the terms in good faith and will attempt to resolve any dispute in a reasonable manner. All decisions that cannot be resolved by the two parties above will be solved in accordance to Korean Civil Law.

7. AIRFARE
The Employer will pay one way trip air ticket. The teacher will be given the return leg airfare on completion of his/her one year contract. If the teacher willfully leaves the school before six(6) months, the teacher must payback the initial airfare. The school may deduct the amount of the airfare from the teacher�s last payment if the teacher fails to pay them.

8. SEVERANCE PAYMENT
Upon completion of this contract, the Teacher will receive one month salary(2,000,000 won) as severance pay in accordance with Korean Labor laws. This payment will be made at the time of completion of the contract period.

9. VACATION & HOLIDAYS & SICK LEAVE
A. There are 2 weeks paid vacation, which is separated one week during summer vacation and the other during winter vacation including Saturday and Sunday. The time of the vacation is to be set according to the agreement of the institute and the teacher 15 days before its starting.
B. Sick Leave:
The Employer grants the Employee paid sick leave for up to 3 days per year.
Paid sick leave is only applicable in cases of actual illness. The Teacher must inform the absence to the academic supervisor 3 hours in advance and provide a doctor�s certificate or a stamp from a pharmacy upon return to work. The There is no paid personal leave. However, if teacher has to take personal leave, teacher must arrange a substitute for his/her classes and will be responsible for the cost of a substitute for his/her classes.

10. Health Insurance
The Institute will pay 50% of the premiums for the teachers health plan.. Coverage will begin from the date of joining Korean medical insurance union, approximately 3 to 4 weeks after the teacher's arrival of Korea.

11. National Pension Plan
In accordance with the Korean Law, all foreign workers employed by Korean businesses shall pay into the Korean National Pension plan at a rate stipulated by the Korean National Pension Law deducted from monthly earnings with the Institute's contribution.
Refund of the National Pension to a teacher who becomes a compulsorily insured Teacher, where the Pension Act of the Teacher's home country provides the benefit corresponding to the lump-sum refund of the National Pension Plan, the lump-sum refund of this plan shall be paid to the foreigner, according to Korean Law.

12. GOVERNING LAW
This agreement will be governed by the law of the Republic of Korea.
Signature of contract employer :

Date (Sign)


--------------------------
Name of Institute : Guri Reading Town


Date (Sign)


--------------------------
Name of Teacher : Eric Cable
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i_teach_esl



Joined: 07 Sep 2006
Location: baebang, asan/cheonan

PostPosted: Mon Oct 16, 2006 6:58 pm    Post subject: Reply with quote

perhaps post here for more feedback:
http://www.eslcafe.com/forums/korea/viewtopic.php?t=59265
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Momentum



Joined: 18 Sep 2006

PostPosted: Mon Oct 16, 2006 7:43 pm    Post subject: Reply with quote

Eric
This is a standard/general contract. Many schools use this as their "blue print". Nothing tricky about it. Some teaching contracts do not include the portion indicating that an airfare refund is or is not possible prior to or after staying for longer than six months. Nothing to fear. If you have any questions at all, kindly approach your director. I recommend you keep a good solid and direct working relationship with your director. Enjoy your time there. Enjoy Korea! You'll do great.
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some waygug-in



Joined: 25 Jan 2003

PostPosted: Mon Oct 16, 2006 8:02 pm    Post subject: Reply with quote

There are 2 things in this contract I would be wary of:

1. They say they can call you in on Saturdays for no extra pay?

Either take this clause out or say no way.


2. The classes can be 50 min or 40 min and the schedule is set at the whim of the director?

No chancie MR. Waylon! The way this is worded, they could have you doing split shifts, Saturday and overtime classes and you have to agree.
I would never sign this contract.
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