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davage
Joined: 18 Jan 2007
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Posted: Sat Jan 20, 2007 12:14 pm Post subject: New contract |
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hello
Last edited by davage on Sat Jan 20, 2007 5:59 pm; edited 2 times in total |
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alabamaman
Joined: 25 Apr 2006
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Posted: Sat Jan 20, 2007 2:31 pm Post subject: |
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International Language School Ansan
Terms and Conditions of Employment Agreement for Full-Time Instructors
This Employment Agreement is effective by and between International Language School Ansan (hereinafter referred to as �Employer�) and __XXXXX ___ a citizen of __America__ whose permanent address is ____________________________________________
_______________________________________ (hereinafter referred to as �Employee�).
The Employee has been selected and approved by the Employer to teach at International Language School Ansan , the Employer and the Employee, in consideration of the mutual promises and covenants contained herein, agree as follows;
1. TERM OF AGREEMENT
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1.1. This agreement will commence _February 2007 __ and end ____February 2008 ___. |
Make sure dates of contract term are clearly defined. February _____, 2007 until February _____, 2008.
1.2. The working visa issued by the exclusive agreement between the Employer and the Employee becomes invalid right after termination of agreement.
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1.3. This agreement may be renewed by mutual consent two months prior to its expiration. Without new agreement between the Employer and the Employee two months before the expiration, the Employee shall be automatically dismissed from employment when the contract expires. |
You no longer work for your employer when you've worked the full contract term. Does that mean your fired (dismissed)? No, it doesn't.
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1.4. If the Employee wishes to terminate the employment contract prior to the agreed date of expiration, the Employee has to pay a fine of the equivalent of the round trip airfare which the Employer has provided as compensation for the inconvenience which early termination causes both the students and the school. |
If you terminate your labor contract before 6 full months of employment have been worked, then you should reimburse the employer for airfare costs from the point of hire (your residence) to Korea.
If you terminate your labor contract after 6 full months of employment have been worked, then you should reimburse the employer for airfare from Korea to point of hire.
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2. PLACE OF EMPLOYMENT
Determination of working place will follow the Employer�s decision. |
Never settle for this contractual language in a labor contract. You always want the freedom to choose were you can work.
3. DUTIES OF THE EMPLOYEE
3.1. During the term of this agreement, the Employee will accept, obey and comply with the instructions, supervision, training and discipline of the Director of the Language Institute. These duties will include instruction for regular classes, administrative duties related to the Employee�s classes, student placement testing, attendance at scheduled instructors� meetings and workshops and extra curricular duties
(such as Bus classes, Lunch-time table classes, Field trip, School promotion events, etc. would be included) as may be assigned by the Director. The Director is to set standards of performance for the Employee and is empowered to take reasonable steps necessary for assuring that those standards are met.
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3.2. During the term of this agreement, the Employee is required to perform the work assigned to him/her by the Director for 120 teaching hours and 180 hours including teaching hours for each four- week session. |
Work elsewhere because the workload (180 hours) is beyond excessive.
What are your working hours? (6 hours per day is the ideal labor contract)
How many hours do you have to prepare for? (1 is ideal & 2 is excessive)
Many employers don't pay you for preparation hours.
How long is your break " recess period" going to be?
Article 53 (Recess Hours)
(1) An employer shall allow a recess period of more than 30 minutes for every 4 working hours and more than 1 hour for every 8 working hours during the working hours.
(2) A recess period may be freely used by workers.
How is a working hour defined?
What days of the week are you going to work? (Monday-Friday)
3.3 The Employee must not cancel classes arbitrarily. If cancellation of classes is unavoidable, the Employee must consult with the Director in advance. In case of sickness, unexpected accidents, and bereavement, the Employee has to take steps stated in 4.5. and 4.6. of this agreement.
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3.4 The Employee is not allowed to work for any other organization during the term of employment. |
You can work outside the place of employment if you recieve permission from Korean Immigration Officials. Omit 3.4 because you should have the freedom to make extra money.
3.5 At all times during the term of this agreement, the Employee is to perform his/her work according to the curriculum and the teaching methods that have been established by the Employer.
3.6 The Employee understands and agrees that at all times during the term of this agreement, the Employee is to follow all the provisions of laws and regulations of the Government of Korea and any local government authorities thereof.
4 SALARY AND OTHER BENEFITS FOR THE EMPLOYEE
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4.1 Salary
The Employee will be paid the total of 2,100,000 Korea won per month. |
Low salary for the hours that are written in the labor contract. I wouldn't settle for less than 2,300,000 Korean Won at 180 hours per month.
There should be also be a clause for a pay receipt. They come in handy when you file taxes in Korea.
"The employer agrees to provide the employee an accurate summary (pay receipt) each month on payday clearly stating the nature and amount of all deductions, taxes, and salary. Pay receipts should bear the name, address, and phone number of your employer. All pay receipts should be established as an official record of pay received and deductions withheld."
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However, the Korean income tax and national contribution as required under Korean law will be withheld each month from the Employee�s salary. |
National contribution: This should be omitted from the labor contract and replaced with a clause for the Korean Pension Fund. Your employer is required by Korean Law to deduct 4.5% of your monthly salary to be paid into the Korean Pension Fund. Furthermore, you employer has to contribute an equal amount.
The (%) your employer will deduct from your monthly salary for income taxes should be clearly defined. There are many Korean Employers who believe they should deduct 3.3% as "required under Korean Law."
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The Employee�s salary will be paid on the 10th of the each month. |
You should never agree to a payday on the 10th because your employer has to pay the District Tax Office deductions from your monthly salary for income taxes by the 10th of the month. Ask for the 3rd of the month, but settle for no later than the 5th of the month.
If this day falls on a national holiday, Saturday, or Sunday, the salary will be paid on the previous business day.
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However, in the last month of the contract term, the monthly salary is to be paid on the last business day of the month. |
You should be paid on the last day of the contract term. If your contract ends on February 16, 2008 then you should be paid your full monthly salary on that day and not the last business day of the month.
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4.2. Security Deposit
The Employee agrees that the Employer may withhold from the Employee�s Salary a security deposit to cover unpaid monthly utility and phone charges or penalty payment for Employee�s default on contract agreement. 100,000 won will be deducted from the Employee�s monthly salary during the first 3 calendar months of employment with the employer. Employee will be paid the security deposit after reimbursing unpaid utility, phone charges, and etc when he or she leaves Korea after completes the contract. |
Contractual language such as "penalty payment for Employee�s default on contract agreement" establishes clause 4.2 as a penalty clause that your employer shall not enter into your contract as stated in Article 27 of the Labor Standards Act below.
Article 27 (Prohibition of Predetermination of Nonobservance)
An employer shall not enter into any contract by which a penalty or indemnity for possible damages incurred from nonobservance of a labor contract is predetermined.
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4.3 . Severance Payment
On the condition that this contract is completely satisfied and that employment lasts for one year, a special allowance of a month salary will be paid to the Employee by the Employer. |
This is a poorly written clause. Severance pay should be calculated as the average of the last three working months salary. There should also be contractual language that implies: "The employer shall not reduce the employee's working hours for the purpose of reducing severance pay."
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4.4. Overtime Payment
Teaching hours exceeding the required amount as described in 3.2. will be considered overtime. Overtime pay will be calculated on a hourly basis and will be 18,000Won. |
Overtime: Hourly Salary x 1.5
4.5. Sick Leave
Provided that the Employee submits medical certification from the hospital designated by the Employer, the Employee is allowed a maximum of 5 paid sick days per year.
In the event of a serious illness or accident, the Employee is allowed another 5 day unpaid leave. If the Employee is still incapable of fulfilling duties after that period, the Employee�s contract will be regarded as terminated.
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4.6. Bereavement Leave
If any of the employee�s immediate family dies during the term of the contract, the Employee may request 7days of Bereavement Leave to attend the funeral. |
Bereavement leave is usually unpaid, but it should be clarified in the labor contract.
Somewhere between 4.5 & 4.7 there should be a clause for paid vacation (annual leave). Accept nothing less than 10 days. Paid vacation days should exclude Saturdays, Sundays, and Korean National Holidays.
Somewhere between 4.5 & 4.7 there should be a clause for public holidays (Korean National Holidays). Your entitled to ovserve all of them, and these are paid holidays. No deductions in pay occur from your monthly salary on/during. Korean National Holidays exclude paid vacation (annual leave).
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4.7. Medical Insurance
The Employee is to be covered by the medical insurance. 50% of the insurance premium will be paid by monthly deduction from the Employee�s salary. |
Change "The Employee is to be covered by the medical insurance" to "The Employee shall be convered under benefits of the National Healthcare Insurance Plan."
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4.8. Housing
The Employee will be provided with furnished housing by the employer. Any and all fees, charges, costs, taxes, expenses, etc. incurred in using the housing will be borne by the employee. In case the Employee would not like housing provided, he/she may request a monthly allowance of 200,000 won instead. |
The Employee will be provided with furnished single housing
A list of furnishings should also be written in the contract. Furnishings should include a bed, television, air-conditioner, wardrobe, microwave, telephone, eating utensils, cooking utensils, and clean linen.
4.9. Airfare
The Employer will provide a round trip ticket to and from Korea and the Employee should submit the ticket to the Employer and the Employer will return it to the Employee when he or she completes the contract and leaves Korea. However, According to the article 1.4, the round trip ticket is provided only when the Employee completes the contract successfully.
Therefore, he/she has to pay a fine of the equivalent of the round trip airfare that the Employer has provided as compensation for the inconvenience which early termination causes both the students and the school.
5. DISMISSAL
5.1 The Employer has the right to dismiss the Employee for negligence of duties, misconduct, or unwillingness or inability to meet conditions of employment as set forth in this agreement. Prior to such dismissal, the Employee will be given 30 days notice. However, illegal activities or other misconduct which has jeopardized any students or staff members of the Employer, or which damages the reputation of the Employer, will be the cause for immediate dismissal without warning or time for remedy.
5.2 The Employer has the right to dismiss the Employee for providing false information in related application documents.
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6 TERMINATION OF CONTRACT
If the Employee�s resignation is determined to be voluntary, it should be noticed 45 days before. |
30 days is plenty of time for any employer to find a replacement.
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If the Employee fails to notice his/her resignation before 45 days, 100,000 won per month left will be deducted from the monthly salary to compensate the recruiting fee and inconveniences. |
Another penalty clause that should be omitted from the labor contract.
The Employee will forfeit any accumulated but unpaid salary.
Employer shall receive its reimbursement for the above cost by keeping the portion of unpaid but earned salary necessary to cover these costs (and any other personal costs and debts, any unpaid utilities and phone bills, and any damages to Institute Teacher leaves behind--) and will give the balance to the Employee either in person or by mailing.[/quote]
Give either in person or by mailing Your boss will pocket the money and buy something for his kids. The chances of your boss mailing the balance to you is 1 in 1,000,000.
7. GUARANTEES
The Employee guarantees that all facts provided by him/her in the Employee�s resume, diplomas, certificates, or any other documents are true and correct.
8. INDEMNIFICATION CLAUSE
The Employer shall not be responsible for any damages caused by the misconduct or negligence of the Employee.
9. GOVERNING LANGUAGE & COURT OF LAW
This agreement was drawn up and will be executed in the Korean language, and the Korean version of this agreement will govern and prevail over translations thereof. This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. The court of the Republic of Korea will have jurisdiction in regard to any disputes or claims arising out of, or in connection with this agreement.
The undersigned agree to observe the terms stated above. In case the above terms are violated, the contract may be dissolved.
This contract is signed in duplicate in English for each party�s perusal and keeping.
Employee�s full name (print):
Employee�s signature: __________________________________________
Employer�s full name (print):
Employer�s signature:
This is a (S)tandard (C)rap (C)ontract and you should look elsewhere for employment. If you choose to accept this contract, then you'll become "burned out" working 180 hours per month.
Last edited by alabamaman on Sat Jan 20, 2007 3:18 pm; edited 6 times in total |
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Satin
Joined: 26 Oct 2006 Location: Texas
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Posted: Sat Jan 20, 2007 2:48 pm Post subject: |
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1.4. If the Employee wishes to terminate the employment contract prior to the agreed date of expiration, the Employee has to pay a fine of the equivalent of the round trip airfare which the Employer has provided as compensation for the inconvenience which early termination causes both the students and the school. |
Agree to pay one way only if you leave before six months.
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3. DUTIES OF THE EMPLOYEE
3.1. During the term of this agreement, the Employee will accept, obey and comply with the instructions, supervision, training and discipline of the Director of the Language Institute. These duties will include instruction for regular classes, administrative duties related to the Employee�s classes, student placement testing, attendance at scheduled instructors� meetings and workshops and extra curricular duties (such as Bus classes, Lunch-time table classes, Field trip, School promotion events, etc. would be included) as may be assigned by the Director. The Director is to set standards of performance for the Employee and is empowered to take reasonable steps necessary for assuring that those standards are met.
3.2. During the term of this agreement, the Employee is required to perform the work assigned to him/her by the Director for 120 teaching hours and 180 hours including teaching hours for each four- week session. |
Here's a good reason to run the other way! 180 hours a month for 2.1? No way!
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The Employee�s salary will be paid on the 10th of the each month. If this day falls on a national holiday, Saturday, or Sunday, the salary will be paid on the previous business day. However, in the last month of the contract term, the monthly salary is to be paid on the last business day of the month.
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Ask for no later than the fifth. Red flag on the last month. If you finish your contract before the last business day, then what? Could lose last pay and severance.
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4.3 . Severance Payment
On the condition that this contract is completely satisfied and that employment lasts for one year, a special allowance of a month salary will be paid to the Employee by the Employer.. |
If you last? Law says an average of the last three months pay.
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Overtime pay will be calculated on a hourly basis and will be 18,000Won. |
Should be 1.5 times your normal salary. However, 21,000 Won is okay.
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4.7. Medical Insurance
The Employee is to be covered by the medical insurance. 50% of the insurance premium will be paid by monthly deduction from the Employee�s salary. |
Specify the national insurance and the percentage you pay.
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6 TERMINATION OF CONTRACT
If the Employee�s resignation is determined to be voluntary, it should be noticed 45 days before. If the Employee fails to notice his/her resignation before 45 days, 100,000 won per month left will be deducted from the monthly salary to compensate the recruiting fee and inconveniences. |
Only required to give 30 days. Say NO to penalty!
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4.8. Housing
The Employee will be provided with furnished housing by the employer. Any and all fees, charges, costs, taxes, expenses, etc. incurred in using the housing will be borne by the employee. In case the Employee would not like housing provided, he/she may request a monthly allowance of 200,000 won instead. |
No way! Should list the kind of housing and what is provided. You might be able to rent a goshiwon for 200,000. A real jewel this person! Also, haven't quoted this, but it's up to you as to whether you accept paying a deposit.
I hope you aren't considering this contract seriously. Also missing is any mention of holidays and vacation.
The airfare was mentioned again later in the contract. Must have had some runners.
Talk to other foreign teachers there. Got a feeling this place could be a nightmare.
Keep looking and set your sights higher.
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RachaelRoo

Joined: 15 Jul 2005 Location: Anywhere but Ulsan!
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Posted: Sat Jan 20, 2007 4:03 pm Post subject: |
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Some major red flags:
1) If you quit you have to pay the school the cost of a ROUND TRIP airfare: not only is this ridiculous but it indicates that the school likes to shift risk and blame onto it�s foreign teachers.
2) Overtime pay is low � should be 25,000 per hour
3) You could get a higher salary
4) 300,000w housing deposit? NO WAY.
5) �6 TERMINATION OF CONTRACT
If the Employee�s resignation is determined to be voluntary, it should be noticed 45 days before. If the Employee fails to notice his/her resignation before 45 days, 100,000 won per month left will be deducted from the monthly salary to compensate the recruiting fee and inconveniences. The Employee will forfeit any accumulated but unpaid salary. Employer shall receive its reimbursement for the above cost by keeping the portion of unpaid but earned salary necessary to cover these costs (and any other personal costs and debts, any unpaid utilities and phone bills, and any damages to Institute Teacher leaves behind--) and will give the balance to the Employee either in person or by mailing."
RUN! RUN NOW AND DON�T LOOK BACK! |
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zappadelta

Joined: 31 Aug 2004
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Posted: Sat Jan 20, 2007 4:14 pm Post subject: |
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Hello my name is ...... and I am planning to teach in Korea. |
Don't post your name unless you have to.
Last edited by zappadelta on Sat Jan 20, 2007 6:39 pm; edited 1 time in total |
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davage
Joined: 18 Jan 2007
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Posted: Sat Jan 20, 2007 5:08 pm Post subject: Reply new contract |
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I guess I should have posted this in the contract posting thread, sorry. I really appreciate the input from everyone on this crazy contract. I definitely won't be signing it, but am still looking. I guess I'm wondering if there are any reputable schools to go through. Maybe names or experiences other teachers have had. Anything would be helpful, thanks again. |
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babtangee
Joined: 18 Dec 2004 Location: OMG! Charlie has me surrounded!
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Posted: Sat Jan 20, 2007 5:46 pm Post subject: |
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zappadelta wrote: |
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Hello my name is **** ****, my wife **** and I are planning to teach in Korea. |
Don't post your name unless you have to. |
Edit your name out, dude. [A mod should do this for him, since Zappa went and quoted it - haha.] |
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davage
Joined: 18 Jan 2007
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Posted: Sat Jan 20, 2007 5:57 pm Post subject: Re: New contract |
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davage wrote: |
Hello my name is >>> my wife ::: and I are planning to teach in Korea. I have read through a lot of these contract postings and we have received a job contract from International Language School in Ansan. I know that there are multiple red flags on this contract, I guess I just need to know which ones I should really fight for and which can slide so as not to sound disinterested. Any help would be greatly appreciated, thanks.
International Language School Ansan
Terms and Conditions of Employment Agreement for Full-Time Instructors
This Employment Agreement is effective by and between International Language School Ansan (hereinafter referred to as �Employer�) and __XXXXX ___ a citizen of __America__ whose permanent address is ____________________________________________
_______________________________________ (hereinafter referred to as �Employee�).
The Employee has been selected and approved by the Employer to teach at International Language School Ansan , the Employer and the Employee, in consideration of the mutual promises and covenants contained herein, agree as follows;
1. TERM OF AGREEMENT
1.1. This agreement will commence _February 2007 __ and end ____February 2008 ___.
1.2. The working visa issued by the exclusive agreement between the Employer and the Employee becomes invalid right after termination of agreement.
1.3. This agreement may be renewed by mutual consent two months prior to its expiration. Without new agreement between the Employer and the Employee two months before the expiration, the Employee shall be automatically dismissed from employment when the contract expires.
1.4. If the Employee wishes to terminate the employment contract prior to the agreed date of expiration, the Employee has to pay a fine of the equivalent of the round trip airfare which the Employer has provided as compensation for the inconvenience which early termination causes both the students and the school.
2. PLACE OF EMPLOYMENT
Determination of working place will follow the Employer�s decision.
3. DUTIES OF THE EMPLOYEE
3.1. During the term of this agreement, the Employee will accept, obey and comply with the instructions, supervision, training and discipline of the Director of the Language Institute. These duties will include instruction for regular classes, administrative duties related to the Employee�s classes, student placement testing, attendance at scheduled instructors� meetings and workshops and extra curricular duties (such as Bus classes, Lunch-time table classes, Field trip, School promotion events, etc. would be included) as may be assigned by the Director. The Director is to set standards of performance for the Employee and is empowered to take reasonable steps necessary for assuring that those standards are met.
3.2. During the term of this agreement, the Employee is required to perform the work assigned to him/her by the Director for 120 teaching hours and 180 hours including teaching hours for each four- week session.
3.3 The Employee must not cancel classes arbitrarily. If cancellation of classes is unavoidable, the Employee must consult with the Director in advance. In case of sickness, unexpected accidents, and bereavement, the Employee has to take steps stated in 4.5. and 4.6. of this agreement.
3.4 The Employee is not allowed to work for any other organization during the term of
employment.
3.5 At all times during the term of this agreement, the Employee is to perform his/her work according to the curriculum and the teaching methods that have been established by the Employer.
3.6 The Employee understands and agrees that at all times during the term of this agreement, the Employee is to follow all the provisions of laws and regulations of the Government of Korea and any local government authorities thereof.
4 SALARY AND OTHER BENEFITS FOR THE EMPLOYEE
4.1 Salary
The Employee will be paid the total of 2,100,000 Korea won per month. However, the Korean income tax and national contribution as required under Korean law will be withheld each month from the Employee�s salary. The Employee�s salary will be paid on the 10th of the each month. If this day falls on a national holiday, Saturday, or Sunday, the salary will be paid on the previous business day. However, in the last month of the contract term, the monthly salary is to be paid on the last business day of the month.
4.2. Security Deposit
The Employee agrees that the Employer may withhold from the Employee�s Salary a security deposit to cover unpaid monthly utility and phone charges or penalty payment for Employee�s default on contract agreement. 100,000 won will be deducted from the Employee�s monthly salary during the first 3 calendar months of employment with the employer. Employee will be paid the security deposit after reimbursing unpaid utility, phone charges, and etc when he or she leaves Korea after completes the contract.
4.3 . Severance Payment
On the condition that this contract is completely satisfied and that employment lasts for one year, a special allowance of a month salary will be paid to the Employee by the Employer..
4.4. Overtime Payment
Teaching hours exceeding the required amount as described in 3.2. will be considered overtime. Overtime pay will be calculated on a hourly basis and will be 18,000Won.
4.5. Sick Leave
Provided that the Employee submits medical certification from the hospital designated by the Employer, the Employee is allowed a maximum of 5 paid sick days per year. In the event of a serious illness or accident, the Employee is allowed another 5 day unpaid leave. If the Employee is still incapable of fulfilling duties after that period, the Employee�s contract will be regarded as terminated.
4.6. Bereavement Leave
If any of the employee�s immediate family dies during the term of the contract, the Employee may request 7days of Bereavement Leave to attend the funeral.
4.7. Medical Insurance
The Employee is to be covered by the medical insurance. 50% of the insurance premium will be paid by monthly deduction from the Employee�s salary.
4.8. Housing
The Employee will be provided with furnished housing by the employer. Any and all fees, charges, costs, taxes, expenses, etc. incurred in using the housing will be borne by the employee. In case the Employee would not like housing provided, he/she may request a monthly allowance of 200,000 won instead.
4.9. Airfare
The Employer will provide a round trip ticket to and from Korea and the Employee should submit the ticket to the Employer and the Employer will return it to the Employee when he or she completes the contract and leaves Korea. However, According to the article 1.4, the round trip ticket is provided only when the Employee completes the contract successfully. Therefore, he/she has to pay a fine of the equivalent of the round trip airfare that the Employer has provided as compensation for the inconvenience which early termination causes both the students and the school.
5. DISMISSAL
5.1 The Employer has the right to dismiss the Employee for negligence of duties, misconduct, or unwillingness or inability to meet conditions of employment as set forth in this agreement. Prior to such dismissal, the Employee will be given 30 days notice. However, illegal activities or other misconduct which has jeopardized any students or staff members of the Employer, or which damages the reputation of the Employer, will be the cause for immediate dismissal without warning or time for remedy.
5.2 The Employer has the right to dismiss the Employee for providing false information in related application documents.
6 TERMINATION OF CONTRACT
If the Employee�s resignation is determined to be voluntary, it should be noticed 45 days before. If the Employee fails to notice his/her resignation before 45 days, 100,000 won per month left will be deducted from the monthly salary to compensate the recruiting fee and inconveniences. The Employee will forfeit any accumulated but unpaid salary. Employer shall receive its reimbursement for the above cost by keeping the portion of unpaid but earned salary necessary to cover these costs (and any other personal costs and debts, any unpaid utilities and phone bills, and any damages to Institute Teacher leaves behind--) and will give the balance to the Employee either in person or by mailing.
7. GUARANTEES
The Employee guarantees that all facts provided by him/her in the Employee�s resume, diplomas, certificates, or any other documents are true and correct.
8. INDEMNIFICATION CLAUSE
The Employer shall not be responsible for any damages caused by the misconduct or negligence of the Employee.
9. GOVERNING LANGUAGE & COURT OF LAW
This agreement was drawn up and will be executed in the Korean language, and the Korean version of this agreement will govern and prevail over translations thereof. This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. The court of the Republic of Korea will have jurisdiction in regard to any disputes or claims arising out of, or in connection with this agreement.
The undersigned agree to observe the terms stated above. In case the above terms are violated, the contract may be dissolved.
This contract is signed in duplicate in English for each party�s perusal and keeping.
Employee�s full name (print):
Employee�s signature: __________________________________________
Employer�s full name (print):
Employer�s signature: __________________________________________ |
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