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cdog151



Joined: 07 Aug 2006
Location: Hopefully Seoul

PostPosted: Thu Nov 02, 2006 6:55 am    Post subject: Contract Help Reply with quote

Looking for your expertise once again. It helped with the last one. Thanks!


Hereafter referred to as the "employer" as an English instructor.
The duties of the "employee" will be as follows;

1. Job Description:

This "employee" will work for the "employer" as an English Instructor.
The duties of the "employee" will be as follows;

a. Curriculum design and implementation
b. Development of educational programs and materials
c. Grading and evaluation of students
d. Attendance at teacher's meetings and workshops
e. Other activities directly related to teaching

2. Place of Employment:

The "employee" will work for the "employer" at the following address:



The "employee" will not be expected to work outside the place of employment
except with
a) Written approval from a Korean Immigration Official and
b) Work out side the place of employment meets with the approval of the "employee"

3. Period of employment:

Pending the issuance of an E2 visa from Korean Immigration,
the "employee" will work for the "employer" for a period not exceeding
one year in accordance with the E2 visa.

The period of employment will begin on ___/___/ 2006 and end on
____/____/ 2007.

4. Regular Hours of employment

Each class will consist of approximately 45 to 50 minutes in Length and will cover of all duties mentioned in Section 1 above. The "employee" will work from Monday to Friday (excluding every third Saturday) for a total of 30 hours per week. All classes exceeding 30 classes per week will be considered as overtime classes. Employee must work every third Saturday as part of their workweek.

5. Overtime Hours of employment

The "employee" may choose to work over time classes at the following rate of 20,000 won per class.

6. Salary

The base salary paid for regular hours of employment will be 1.9 million per month worked, payable at the end of each month worked by the "employee".
The salary will be paid to the "employee" once per month without delay for a period of 12 months. Overtime classes will be calculated and paid per month at a rate of 20,000 won per class.
In the event that the "employer" is unable to provide the "employee" with the regular 30 classes per week, the employee" will still be paid a base salary of 1.9 million won per month.

7. Income Tax
Income tax will be deducted from the base salary at a rate of 5 % or less per month in accordance with Korean Tax laws.

8. Health insurance

The "employer" will provide adequate health insurance for the "employee" during the duration of this contract. The "employer and "employee" will each share 50% of the total cost of health insurance.
9. Housing

The "employer" will furnish the "employee" with a furnished apartment consisting of basic appliances. The apartment will be provided at no cost to the "employee" with the exception of utilities and telephone. If the apartment is shared utilities and telephone will split by the teachers living in apartment. The "employer" will also ensure that the apartment is a clean, quiet, and a safe environment in which the "employee" can live comfortably while in Korea.

In return for a furnished apartment, the "employee" agrees to respect and care for the apartment in a respectful manner, with the exception of normal repairs. Any outstanding bills belonging to the "employee" will be the sole responsibility of the employee. In the event that the apartment is shared, the outstanding bills will be split evenly between all residents of the apartment.

10. Airfare

The "employee" will be provided with free round trip airfare to South Korea.
If hired out of country the airfare will be provided to the "employee" before departure to South Korea. The employee must finish a 1yr. contract to receive the return ticket. If the employee already resides in Korea, the employer will provide free round trip airfare to Japan, and the fee for the employee's E2 visa. The employee will receive one of the two benefits listed above.

11. Holidays

The "employee" will be paid for all national holidays and not be expected to work during these days.

12. Vacation Pay

The "employee" will receive 10 paid vacation days per year. Days in which the "employee" does not regularly work; Saturday and Sunday are not to be considered as part of the vacation period. Also, not to include Korean National Holidays.

13. Severance Pay

Upon completion of this contract, the "employee" will receive one month's salary as severance pay in accordance with Korean Labor Laws. Under no circumstance will this severance pay be withheld from the "employee." Social Security is the full responsibility of the employee to pay into his/her own account. It will not be paid by the employer. The employer will assist the �employee� to receive this benefit when he/she returns home.

14. Rights and Responsibilities

Both the "employer" and the "employee" are to be considered professionals and as such will treat each other with mutual respect and dignity. However, since the "employee" is working under contract for the "employer", the "employee" will make every reasonable effort to follow the direction. training and supervision of the "employer". The "employee" will also carry out the teaching assignments given by the "employer" in a professional manner.

15 Dismissal

The "employer" may dismiss the "employee" from employment under the following conditions.

a) Violation of the laws of the Republic of South Korea.
b) Teaching classes while under the influence of drugs or alcohol.
c) The teacher has caused irreparable damage to the reputation of
the school or themselves.
d) Constantly late for work.
e) Inability or unwillingness to teach.

With the exception of Section 15,a and 15,b above, the "employer" must first bring the problem to the attention of the "employee" in writing and make every attempt to resolve the situation. The "employee" will then follow the direction of the "employer" also make every attempt to correct the problem. However, circumstances beyond the control of the "employee" are exempt from Section 15. Circumstances may include, but not limited to accident, death and illness or unpredicted events.

16. Termination of Contract

With the exception of Section 15 of this contract, the 'employer' or "employee" may cancel this contract with 14 days written notice. In the event that the "employee" seeks release from this contract, the employer must issue a letter of release to the "employee" upon request.

17. Resolving Disputes

While both parties enter into this agreement with total honesty and integrity, disputes may sometimes occur. Both parties will be bound by all terms and conditions of this contract and will try to resolve the difference in a civil manner that is fair to both parties. In the event that no solution can be found for a problem and either party decides to terminate this contract, both parties will agree to remain civil and to speak honestly and fairly about their experiences and not in a disrespectful manner.

18. Transfer of Contract

Under no circumstances can the "employer" exchange, give, sell, or transfer this contract of the services of the "employee" to another party or institute without the written consent of the "employee".

19. Changes to Contract

There will be no changes or additions to this contract without the written consent and approval of both parties. Any changes made must be in writing and signed by both parties to be included in this contract. Any changes made to this contract, whether verbal or other, without the knowledge and written consent of both parties are to be considered invalid, and as such is not part of this contract.

20. Release from Contract

With the exception of Section 16, both the "employer" and the "employee" are released from this contract in the case of:

a) Death, war, accident, or unforeseen events.
b) Failure to obtain an E2 visa from the Korean Immigration.
c) Failure to meet any or all of the terms and conditions of this contract.

21. Benefits not listed in the contract.

If there is a dispute of this contract that according to government law you are entitled to different benefits that are not within this contract, this contract does take precedent over the new law. The new law also cannot take away from this contract. If it is not found within this contract it doesn�t exist.

22. Language of Contract

The language of this contract is written in English. For the convenience of the employer this contract may be translated into Korean upon request and prior to the signing of this document. In event of a dispute, the English version of this contract will prevail.

Both the employer and the employee have read and understood all the terms and conditions of this contract and do hereby enter into contract which will be binding upon all parties, their and successors.

Dated this day of 2006.

Employee's Full Name:
Employee's Signature:
Witness for employee
Witness Signature

Employer's Full Name:
Employer's Signature:
Witness for employer
Witness Signature
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Nov 02, 2006 7:19 am    Post subject: Re: Contract Help Reply with quote

cdog151 wrote:
Looking for your expertise once again. It helped with the last one. Thanks!


Hereafter referred to as the "employer" as an English instructor.
The duties of the "employee" will be as follows;

1. Job Description:

This "employee" will work for the "employer" as an English Instructor.
The duties of the "employee" will be as follows;

a. Curriculum design and implementation
b. Development of educational programs and materials
c. Grading and evaluation of students
d. Attendance at teacher's meetings and workshops
e. Other activities directly related to teaching

2. Place of Employment:

The "employee" will work for the "employer" at the following address:



The "employee" will not be expected to work outside the place of employment
except with
a) Written approval from a Korean Immigration Official and
b) Work out side the place of employment meets with the approval of the "employee"

3. Period of employment:

Pending the issuance of an E2 visa from Korean Immigration,
the "employee" will work for the "employer" for a period not exceeding
one year in accordance with the E2 visa.

The period of employment will begin on ___/___/ 2006 and end on
____/____/ 2007.

4. Regular Hours of employment

Each class will consist of approximately 45 to 50 minutes in Length and will cover of all duties mentioned in Section 1 above. The "employee" will work from Monday to Friday (excluding every third Saturday) for a total of 30 hours per week. All classes exceeding 30 classes per week will be considered as overtime classes. Employee must work every third Saturday as part of their workweek.

5. Overtime Hours of employment

The "employee" may choose to work over time classes at the following rate of 20,000 won per class.

6. Salary

The base salary paid for regular hours of employment will be 1.9 million per month worked, payable at the end of each month worked by the "employee".
The salary will be paid to the "employee" once per month without delay for a period of 12 months. Overtime classes will be calculated and paid per month at a rate of 20,000 won per class.
In the event that the "employer" is unable to provide the "employee" with the regular 30 classes per week, the employee" will still be paid a base salary of 1.9 million won per month.

7. Income Tax
Income tax will be deducted from the base salary at a rate of 5 % or less per month in accordance with Korean Tax laws.

8. Health insurance

The "employer" will provide adequate health insurance for the "employee" during the duration of this contract. The "employer and "employee" will each share 50% of the total cost of health insurance.

9. Housing

The "employer" will furnish the "employee" with a furnished apartment consisting of basic appliances. The apartment will be provided at no cost to the "employee" with the exception of utilities and telephone. If the apartment is shared utilities and telephone will split by the teachers living in apartment. The "employer" will also ensure that the apartment is a clean, quiet, and a safe environment in which the "employee" can live comfortably while in Korea.

In return for a furnished apartment, the "employee" agrees to respect and care for the apartment in a respectful manner, with the exception of normal repairs. Any outstanding bills belonging to the "employee" will be the sole responsibility of the employee. In the event that the apartment is shared, the outstanding bills will be split evenly between all residents of the apartment.

10. Airfare

The "employee" will be provided with free round trip airfare to South Korea.
If hired out of country the airfare will be provided to the "employee" before departure to South Korea. The employee must finish a 1yr. contract to receive the return ticket. If the employee already resides in Korea, the employer will provide free round trip airfare to Japan, and the fee for the employee's E2 visa. The employee will receive one of the two benefits listed above.

11. Holidays

The "employee" will be paid for all national holidays and not be expected to work during these days.

12. Vacation Pay

The "employee" will receive 10 paid vacation days per year. Days in which the "employee" does not regularly work; Saturday and Sunday are not to be considered as part of the vacation period. Also, not to include Korean National Holidays.

13. Severance Pay

Upon completion of this contract, the "employee" will receive one month's salary as severance pay in accordance with Korean Labor Laws. Under no circumstance will this severance pay be withheld from the "employee." Social Security is the full responsibility of the employee to pay into his/her own account. It will not be paid by the employer. The employer will assist the �employee� to receive this benefit when he/she returns home.

This is national pension and this part of the clause is illegal.

14. Rights and Responsibilities

Both the "employer" and the "employee" are to be considered professionals and as such will treat each other with mutual respect and dignity. However, since the "employee" is working under contract for the "employer", the "employee" will make every reasonable effort to follow the direction. training and supervision of the "employer". The "employee" will also carry out the teaching assignments given by the "employer" in a professional manner.

15 Dismissal

The "employer" may dismiss the "employee" from employment under the following conditions.

a) Violation of the laws of the Republic of South Korea.
b) Teaching classes while under the influence of drugs or alcohol.
c) The teacher has caused irreparable damage to the reputation of
the school or themselves.
d) Constantly late for work.
e) Inability or unwillingness to teach.

With the exception of Section 15,a and 15,b above, the "employer" must first bring the problem to the attention of the "employee" in writing and make every attempt to resolve the situation. The "employee" will then follow the direction of the "employer" also make every attempt to correct the problem. However, circumstances beyond the control of the "employee" are exempt from Section 15. Circumstances may include, but not limited to accident, death and illness or unpredicted events.

16. Termination of Contract

With the exception of Section 15 of this contract, the 'employer' or "employee" may cancel this contract with 14 days written notice. In the event that the "employee" seeks release from this contract, the employer must issue a letter of release to the "employee" upon request.

17. Resolving Disputes

While both parties enter into this agreement with total honesty and integrity, disputes may sometimes occur. Both parties will be bound by all terms and conditions of this contract and will try to resolve the difference in a civil manner that is fair to both parties. In the event that no solution can be found for a problem and either party decides to terminate this contract, both parties will agree to remain civil and to speak honestly and fairly about their experiences and not in a disrespectful manner.

18. Transfer of Contract

Under no circumstances can the "employer" exchange, give, sell, or transfer this contract of the services of the "employee" to another party or institute without the written consent of the "employee".

19. Changes to Contract

There will be no changes or additions to this contract without the written consent and approval of both parties. Any changes made must be in writing and signed by both parties to be included in this contract. Any changes made to this contract, whether verbal or other, without the knowledge and written consent of both parties are to be considered invalid, and as such is not part of this contract.

20. Release from Contract

With the exception of Section 16, both the "employer" and the "employee" are released from this contract in the case of:

a) Death, war, accident, or unforeseen events.
b) Failure to obtain an E2 visa from the Korean Immigration.
c) Failure to meet any or all of the terms and conditions of this contract.

21. Benefits not listed in the contract.

If there is a dispute of this contract that according to government law you are entitled to different benefits that are not within this contract, this contract does take precedent over the new law. The new law also cannot take away from this contract. If it is not found within this contract it doesn�t exist.

22. Language of Contract

The language of this contract is written in English. For the convenience of the employer this contract may be translated into Korean upon request and prior to the signing of this document. In event of a dispute, the English version of this contract will prevail.

Both the employer and the employee have read and understood all the terms and conditions of this contract and do hereby enter into contract which will be binding upon all parties, their and successors.

Dated this day of 2006.

Employee's Full Name:
Employee's Signature:
Witness for employee
Witness Signature

Employer's Full Name:
Employer's Signature:
Witness for employer
Witness Signature


=Pay is LOW.
=Saturday shifts suck.
=It says you work 30 hours and each class is 40-50 minutes but it does NOT say how a class hour is defined. 1 class = 1 hour? 60 contact minutes = 1 class hour? Lots of room for misunderstanding here.
=Section 21 is ILLEGAL and should be deleted. You cannot contract to break the law and law always takes precidence over a contract.
=Section 7 should read something like ,"Income tax will be deducted from the base salary at a rate in accordance with Korean Tax laws." It should be about 1.5% on a salary of 1.9 mil.
Section 8 - NATIONAL HEALTH INSURANCE as required by law. AlSO GET NATIONAL PENSION as required by law.
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