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Please Give me some feedback on this contract my friend was

 
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K-in-C



Joined: 27 Mar 2003
Location: Heading somewhere

PostPosted: Thu Dec 21, 2006 5:36 am    Post subject: Please Give me some feedback on this contract my friend was Reply with quote

Please Give me some feedback on this contract my friend was offered. Thanks!


Employment Contract


This Employment Contract (hereinafter this �Contract�) is made by and entered into between the Sponsor of
Article 1 (Purpose)
This Contract is made for the purpose of setting forth the terms and conditions of employment for native English teachers who work in the
Article 2 (Status of Employment)
Employee shall be hired pursuant to this Contract as an English Language Instructor (ELI).

Article 3 (Duties)
The ELI shall perform the following duties:
1. Plan and conduct English classes in levels assigned by Employer, using texts and course syllabi approved by Employer;
2. Assist with and participate in activities related to the instructional programs of xxx, including, but not limited to, departmental planning meetings, general faculty meetings, and special presentations;
3. Assist with projects related to the activities concerning international cooperation carried out by Assist with the development of teaching materials, supplementary materials, tests, evaluations, and other programs related to English language teaching;
4. To assist or conduct teacher training for new ELIs under the direction of Employer;
5. To assist, monitor, and supervise ELIs in their teaching methodology and implementation, and classroom conduct under the direction of Employer;
6. All materials developed by Employee while working will become the property of and Employee shall not seek compensation and/or payment beyond what is stated in this Contract.


Signature: Employer Employee ____________________


Article 4 (Supervision)
Employee shall carry out the duties set forth in the foregoing Article 3 pursuant to and under specific instruction with supervision of the Employer during the Period of Employment.

Article 5 (Period of Employment)
The Period of Employment shall commence on January 2007 and end on December 2007 beginning and ending within the Republic of Korea.

Article 6 (Work Hours)

From Monday to Friday →11:00am ~07:00pm
* Over time pay after contract hours. (KRW 25,000 per hour)

National holidays shall not include any provisional holidays such as cultural, festival or election days, set up temporarily. Employer shall decide whether to close the school or conduct classes for these days.


Article 7 (Salary)
1. According to Article 6-1 to 6-3, inclusive, Employee shall be paid the total amount of 2.3 Million Korean Won per month.
2. According to pertinent laws of the Republic of Korea, all applicable taxes, including, but not limited to, the Korean income tax, and pension contributions shall be withheld each month from Employee�s salary.
3. Employee�s salary shall be paid on a pro rata basis the first (1st) day of each month. If this day falls on a national holiday, Saturday, or Sunday, the salary will be paid on the immediately following business day.
4. When Employee has not worked a full month, salary for that month shall be paid on a pro rata basis either from the first day or until the last day of work.
5. If Employee should be absent from work without having obtained a prior approval, Employee�s salary for that month shall be deducted by the amount calculated on a pro rata basis for the number of unauthorized absent days.
6. If Employee works fully until the end of the Period of Employment, Employer shall pay Employee severance pay, equivalent to the amount stated in Article 7-1.
7. Employee shall not claim against Employer any compensation and/or payment other than those provided for in this Contract.


Signature: Employer _________________ Employee ____________________


Article 8 (Housing)
1. The employer shall provide the employee with a housing or housing allowance (rent subsidy).

Article 9 (Other benefits and penalties)
1. The employer will pay the half of the employee's monthly Korean national health insurance and the employee will receive the same insurance coverage as a Korean national.
2. The employee will be eligible to petition for his/her pension refund from the Korean Pension Board before departing Korea.
3. The employee shall be entitled to a paid leave for a total of 10 days during the Period of Employment set forth under Article 5, and the employer shall decide the period of paid leave according schedule.
4. The employee will be entitled to 3 paid sick days a year. These sick days have to be provided with an official document form a doctor.
5. In case of emergency, including death of families, sickness of his or her own, the employee can take the emergency leaves in an approval of the employer. Emergency leaves are unpaid.
6. The employer will have the right to dismiss the employee for unacceptable behavior after 3 official written warnings.


Signature: Employer ___________________ Employee ____________________


Article 10 (Codes of Conduct)
1. Employee shall not behave in any manner that may damage or tarnish the reputation of the teaching profession. Employee shall comply with and observe any codes of conduct applicable to Korean teachers.
2. Under Korean immigration law, Employee shall not receive pay from any other job, including a part-time job, outside of the duties of during the Period of Employment set forth under Article 5.
3. Employee shall not be involved in any activities, which may cause harm to the students or be of detriment to the reputation of
Article 11 (Termination of Contract)
1. Resignation
If Employee wishes to resign from xxx and terminate this Contract, he/she must give Employer sixty (60)-days prior, written notice of resignation stating a date of and a reason for resignation. If Employee chooses to resign, the visa costs shall be paid by the employee and his/her visa shall be cancelled.
2. Termination by Employer
Employer may terminate this Contract for any one of the following reasons:
 If Employee violates the laws of the Republic of Korea.
 If Employee fails to perform or unsatisfactorily performs any of the duties stipulated in this Contract for any reason.
 If Employee is absent from work for more than three (3) days without Employer�s authorization.
 If it is determined that Employee is prevented from or incapable of performing his/her duties set forth under Article 3 hereof for a medical reason, whether it is a physical or psychological ailment. (If requested by Employer, Employee must be immediately available for a medical examination.)

In the event that this Contract is terminated pursuant to the foregoing Article 13, Employer shall pay Employee a pro rated, monthly salary based on the number of days actually worked by Employee during his/her last month of employment. The Employee shall immediately refund the airfare loan according to the terms under Article 9.


Signature: Employer________________ Employee ____________________


Article 12 (Confidentiality Agreement)
This Contract, and all of its contents, is entered into on the basis of a strict, confidential agreement between Employee and Employer. Employee shall not disclose any information, and/or contents of this Contract to any third parties without having received prior approval from Employer. Unauthorized disclosure of this Contract, in whole or in part, whether intentional or unintentional, shall result in immediate termination of Contract. In such a case, it shall be considered a termination of Contract on Employee�s part and the terms of Article 13 shall be applied.

Article 13 (Miscellaneous)
Matters not explicitly stated in the Contract shall be determined by Employer by taking Employee�s concerns into consideration.

Article 14 (Indemnity)
Employee shall indemnify for and keep Employer harmless from any liability or damages arising from, or in relation to any negligent or illegal activity of Employee, whether intentional or unintentional, during the Period of Employment under this Contract.


Article 15 (Governing Law and Venue)
The terms of this Contract and the rights and obligations of the parties named herein shall be interpreted solely according to the laws of the Republic of Korea. If a dispute or disagreement arises in connection with this Contract, the parties shall first try to resolve it in good faith. However, if the parties fail to resolve such disputes to their mutual satisfaction, their disputes shall be resolved by arbitration in Seoul, Republic of Korea, according to Commercial Arbitration Rules of the Korean Commercial Arbitration Board.

Article 16 (Signature)
In witness whereof, the parties hereto sign Contract in triplicate on the date entered below with each party retaining one copy and submitting the third copy for Employee�s visa application.








Dated: 21st December 2006 Dated: ____________________


Employer�s Signature Employee�s Signature

__________________________ __________________________

Name: Name: ____________________
Position: President of Passport #
English Institute Address:


Name:
Position: Director of
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Dec 21, 2006 7:25 am    Post subject: Re: Please Give me some feedback on this contract my friend Reply with quote

Did I miss something here?

It is for a 40 hour work week but how many classes / contact hours are there per week?

If they don't list how mamy classes then what constitutes a contact/class hour?

Is there suplimental pay for extra classes or just if you are there for more than 40 hours per week?

40 classes for 2.3 would really suck. A public school teacher can make that or more (much more if level 1) for less than 30 x40 minutes classes per week.

K-in-C wrote:
Please Give me some feedback on this contract my friend was offered. Thanks!


Employment Contract


This Employment Contract (hereinafter this �Contract�) is made by and entered into between the Sponsor of
Article 1 (Purpose)
This Contract is made for the purpose of setting forth the terms and conditions of employment for native English teachers who work in the
Article 2 (Status of Employment)
Employee shall be hired pursuant to this Contract as an English Language Instructor (ELI).

Article 3 (Duties)
The ELI shall perform the following duties:
1. Plan and conduct English classes in levels assigned by Employer, using texts and course syllabi approved by Employer;
2. Assist with and participate in activities related to the instructional programs of xxx, including, but not limited to, departmental planning meetings, general faculty meetings, and special presentations;
3. Assist with projects related to the activities concerning international cooperation carried out by Assist with the development of teaching materials, supplementary materials, tests, evaluations, and other programs related to English language teaching;
4. To assist or conduct teacher training for new ELIs under the direction of Employer;
5. To assist, monitor, and supervise ELIs in their teaching methodology and implementation, and classroom conduct under the direction of Employer;
6. All materials developed by Employee while working will become the property of and Employee shall not seek compensation and/or payment beyond what is stated in this Contract.


Signature: Employer Employee ____________________


Article 4 (Supervision)
Employee shall carry out the duties set forth in the foregoing Article 3 pursuant to and under specific instruction with supervision of the Employer during the Period of Employment.

Article 5 (Period of Employment)
The Period of Employment shall commence on January 2007 and end on December 2007 beginning and ending within the Republic of Korea.

Article 6 (Work Hours)

From Monday to Friday →11:00am ~07:00pm
* Over time pay after contract hours. (KRW 25,000 per hour)

National holidays shall not include any provisional holidays such as cultural, festival or election days, set up temporarily. Employer shall decide whether to close the school or conduct classes for these days.


Article 7 (Salary)
1. According to Article 6-1 to 6-3, inclusive, Employee shall be paid the total amount of 2.3 Million Korean Won per month.
2. According to pertinent laws of the Republic of Korea, all applicable taxes, including, but not limited to, the Korean income tax, and pension contributions shall be withheld each month from Employee�s salary.
3. Employee�s salary shall be paid on a pro rata basis the first (1st) day of each month. If this day falls on a national holiday, Saturday, or Sunday, the salary will be paid on the immediately following business day.
4. When Employee has not worked a full month, salary for that month shall be paid on a pro rata basis either from the first day or until the last day of work.
5. If Employee should be absent from work without having obtained a prior approval, Employee�s salary for that month shall be deducted by the amount calculated on a pro rata basis for the number of unauthorized absent days.
6. If Employee works fully until the end of the Period of Employment, Employer shall pay Employee severance pay, equivalent to the amount stated in Article 7-1.
7. Employee shall not claim against Employer any compensation and/or payment other than those provided for in this Contract.


Signature: Employer _________________ Employee ____________________


Article 8 (Housing)
1. The employer shall provide the employee with a housing or housing allowance (rent subsidy).

Article 9 (Other benefits and penalties)
1. The employer will pay the half of the employee's monthly Korean national health insurance and the employee will receive the same insurance coverage as a Korean national.
2. The employee will be eligible to petition for his/her pension refund from the Korean Pension Board before departing Korea.
3. The employee shall be entitled to a paid leave for a total of 10 days during the Period of Employment set forth under Article 5, and the employer shall decide the period of paid leave according schedule.
4. The employee will be entitled to 3 paid sick days a year. These sick days have to be provided with an official document form a doctor.
5. In case of emergency, including death of families, sickness of his or her own, the employee can take the emergency leaves in an approval of the employer. Emergency leaves are unpaid.
6. The employer will have the right to dismiss the employee for unacceptable behavior after 3 official written warnings.


Signature: Employer ___________________ Employee ____________________


Article 10 (Codes of Conduct)
1. Employee shall not behave in any manner that may damage or tarnish the reputation of the teaching profession. Employee shall comply with and observe any codes of conduct applicable to Korean teachers.
2. Under Korean immigration law, Employee shall not receive pay from any other job, including a part-time job, outside of the duties of during the Period of Employment set forth under Article 5.
3. Employee shall not be involved in any activities, which may cause harm to the students or be of detriment to the reputation of
Article 11 (Termination of Contract)
1. Resignation
If Employee wishes to resign from xxx and terminate this Contract, he/she must give Employer sixty (60)-days prior, written notice of resignation stating a date of and a reason for resignation. If Employee chooses to resign, the visa costs shall be paid by the employee and his/her visa shall be cancelled.
2. Termination by Employer
Employer may terminate this Contract for any one of the following reasons:
 If Employee violates the laws of the Republic of Korea.
 If Employee fails to perform or unsatisfactorily performs any of the duties stipulated in this Contract for any reason.
 If Employee is absent from work for more than three (3) days without Employer�s authorization.
 If it is determined that Employee is prevented from or incapable of performing his/her duties set forth under Article 3 hereof for a medical reason, whether it is a physical or psychological ailment. (If requested by Employer, Employee must be immediately available for a medical examination.)

In the event that this Contract is terminated pursuant to the foregoing Article 13, Employer shall pay Employee a pro rated, monthly salary based on the number of days actually worked by Employee during his/her last month of employment. The Employee shall immediately refund the airfare loan according to the terms under Article 9.


Signature: Employer________________ Employee ____________________


Article 12 (Confidentiality Agreement)
This Contract, and all of its contents, is entered into on the basis of a strict, confidential agreement between Employee and Employer. Employee shall not disclose any information, and/or contents of this Contract to any third parties without having received prior approval from Employer. Unauthorized disclosure of this Contract, in whole or in part, whether intentional or unintentional, shall result in immediate termination of Contract. In such a case, it shall be considered a termination of Contract on Employee�s part and the terms of Article 13 shall be applied.

Article 13 (Miscellaneous)
Matters not explicitly stated in the Contract shall be determined by Employer by taking Employee�s concerns into consideration.

Article 14 (Indemnity)
Employee shall indemnify for and keep Employer harmless from any liability or damages arising from, or in relation to any negligent or illegal activity of Employee, whether intentional or unintentional, during the Period of Employment under this Contract.


Article 15 (Governing Law and Venue)
The terms of this Contract and the rights and obligations of the parties named herein shall be interpreted solely according to the laws of the Republic of Korea. If a dispute or disagreement arises in connection with this Contract, the parties shall first try to resolve it in good faith. However, if the parties fail to resolve such disputes to their mutual satisfaction, their disputes shall be resolved by arbitration in Seoul, Republic of Korea, according to Commercial Arbitration Rules of the Korean Commercial Arbitration Board.

Article 16 (Signature)
In witness whereof, the parties hereto sign Contract in triplicate on the date entered below with each party retaining one copy and submitting the third copy for Employee�s visa application.








Dated: 21st December 2006 Dated: ____________________


Employer�s Signature Employee�s Signature

__________________________ __________________________

Name: Name: ____________________
Position: President of Passport #
English Institute Address:


Name:
Position: Director of
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willneverteachagain



Joined: 17 Dec 2006

PostPosted: Thu Dec 21, 2006 9:41 am    Post subject: Reply with quote

horrible hours and why are u making teaching materials? sounds like they left out the number of classes on purpose
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Thu Dec 21, 2006 3:28 pm    Post subject: Reply with quote

8 hours a day is too long if you don't get overtime until then

Your friend should be paid on the preceeding day not the following. What happens if his payday falls on the first day of Chusok? Then he might have to wait up to five additional days for pay.

Housing should be offered. The subsidy will probably be too low.

As for the sick days only 2 consecutive sick days should require a doctor's note.


And as for Article 12...well too late now. Laughing

I'd get those things fixed and contact hours put in...no more than 30 or find a different place. There are places with much better hours out there.
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venus



Joined: 25 Oct 2006
Location: Near Seoul

PostPosted: Thu Dec 21, 2006 4:26 pm    Post subject: Reply with quote

Don't like that part about teaching the new teachers (ELI's) either. that could be a real pain in the arse.

An 8 hour day is not too bad. Public schoolers are at school for 8 hours. But we get a one hour lunch break and only teach around 20 - 30, 50 minute classes a week.

At a hakwan I wouldn't accept anything that was more than 30 classes a week or 120 a month. And that's 1 hr classes.

Ask them to specify how many actual teaching hours they expect per month. If it's only 120, then that cantract is not too bad for 2.3 mil.

Just don't like the training the ELI's part though... could consitute a lot of overtime.... but I don't know.

And make sure you tell them that you want them to make sure the apt you end up with is FULLY FURNISHED. Meaning they must buy you washing machine, bed, sofa, fridge, cooker etc...

If they say no, I would NEVER sign this contract. That would be insane, as the extra 200,000 you'd be making over most jobs will be spent on funrnishings. Also make sure the housing allowance is on top of the 2.3 mill, not included in it.

Cool
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