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DannyOKC
Joined: 08 Jun 2006 Location: Busan
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Posted: Fri Feb 23, 2007 4:59 pm Post subject: Thoughts before I sign? |
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(all beginning info and info on housing edited out by me. All else is complete contract.)
1. Length of Employment
The employment period under this contract shall be 12 months starting from March 12, 2007 and ending March 11, 2008 . In the case that the beginning date of the contract falls before the legal entry date (as recognized by the Office of Immigration of the Republic of Korea) the 12 months will begin on the day of your first workday.
2. Work Place
The Employer shall, at his or her discretion, designate the work place. The Employee shall not engage in other jobs, including part time work or private tutoring during their employment period without the Employer�s agreement.
3. Work Hours and Over-time work
1) The workdays of the Employee are Monday through Friday, ( 2pm �9pm ), it will not exceed 30hrs per week . Working schedule will be changed during the summer and winter vacation.
2) If the Employee does not want to work overtime, the Employer shall not force the employee to do so. When the Employee and the Employer reach a mutual agreement about working overtime, and the Employee does so, the Employer must pay the Employee for working overtime, according to Article 6 Clause 2.
3) Even though the Employee could not work less than 120 hours per month due to lack of classes, the Employee shall be paid with the mentioned salary in this contract.
4) The Employee shall attend no more than 4 staff meetings per month which are not held during working hours however this will not be considered as working overtime.
4. Employee's duties
1) The Employee shall comply with the Employer's regulations and rules under the guide of the Director or Supervisor of the work place in order to perform their duties.
2) The Employee must to try to act with dignity as an English teacher acting in this manner during the whole time that the Employee works for the employer. The Employee shall comply with the laws, regulations and rules of Republic of Korea and shall not be involved in any illegal activities that might damage their visa status and the reputation of the Employer.
3) The Employee must observe her/his class schedules. Furthermore, the Employee shall attend staff meetings and workshops and prepare their classes as required.
4) In the case that the Employee will be absent due to unexpected sickness or accident, the Employee is required to give prompt notice. If the Employee will be absent twice a month without the Employer�s permission, then 20,000 won per hour shall be deducted from the salary.
5) The Employee shall use only teaching materials provided by or recommended by the Employer. The use of supplemental materials is encouraged, but only after the Employer gives prior approval. The Employee shall submit the next month�s teaching plan at the end of every month.
6) The Employee shall not reveal information regarding her/his class to other person or to other institutes. In the events that the Employment was damaged by the Employee�s revealing to others, the Employee shall have the responsibility for compensating the Employment�s damage.
7) In the event that a dispute arises, both parties shall try to resolve it amicably with understanding of different cultures and customs.
5. Employer's Duties
1) The Employer shall provide the Employee with full support, shall respect the Employee's dignity and try to keep their relationship harmonious with the Employee.
2) The Employer shall pay the salary, as stated in this contract, and in case the Employee requests teaching materials, the Employer shall support these with utmost efforts.
3) The Employer acknowledges the differences of cultures and customs between the two parties. The Employer shall help the Employee to settle into their new residential and working circumstance. In the case of the Employee having trouble such as sickness and/or accident, the Employer is responsible for assisting the Employee.
4) The Employer shall not infringe on the Employee's privacy. In case the Employee brings disgrace on the Employer, the Employer shall have the right to ask the Employee to correct the situation.
5) In the event that a dispute arises, both parties shall try to their best to resolve it.
6. Compensation
1) The Employee shall be paid 2.1 million won per month for the regular working hours on, or before, at the end of each month for that month. The first salary shall be paid according to the workdays the Employee worked. The last utility fee shall be deducted from the last salary.
2) Overtime shall be paid at the rate of 18,000 won per hour (60 minutes) and paid with salary on the payment day.
3) When the Employee completes the contract without breaking the contract, the Employer must pay a severance payment equal to one month�s salary. If the Employee does not complete the contract then this payment would not given.
4) The tax for severance payment and salary must be paid as described the Korean Tax laws. All wages are to be paid in Korean Won to the Employee�s designated Korean bank account.
8. Air Fare
Upon the completion of one year contract, employer will purchase for the Employee an economy class ticket back to employee�s home country. In the event that the Employee continues employment under a subsequent employment with Employer, the return air ticket shall be provided at the time of completion of the subsequent contract period(s). If Employee were fired from the institute before the completion of twelfth months teaching session, employee will not be given a ticket.
9. Paid Vacation and Paid Leave
1) The Employee can get 10 days in total for a paid vacation while the Employee is under the contract. The Employee will get 5 days in the summer and another 5 days will be in the winter . The paid vacation will be according to the Employer�s schedule, during the period of the contract. National Holidays, Saturdays and Sundays shall not be included in a paid vacation.
2) Paid sick leave shall be 3 days during the period of the contract. A doctor's medical certificate for such absences shall be submitted to the Employer. However, if the period of leave from illness exceeds 3 days, those hours shall not be considered as paid sick leave.
3) With the exception of entitled paid vacation and sick leave, in the case that the Employee is absent, 90,000 won per day shall be deducted from the salary.
10. Medical Insurance
1) The employee shall be covered by medical benefits under the Korean Medical Insurance Union, Government Health Organization. Half of the premium shall be paid by the employer with the other half paid by the employer.
11. National Pension
The Employee pays National pension contribution according to regulation, the Employer and the Employee will pay 50% each. When the Employee leaves Korea, those contributions will be fully reimbursed to the Employee if those two countries has made a pension agreement. At present Korean government has made an pension agreement with U.S., Canada.
12. Cancellation
The Employer may cancel the contract due to the circumstances specified below:
1) In such a case as the Employee, or any the Employee's dependents, violates any laws of Republic of Korea.
2) In such a case as the Employee uses drugs, excluding those supplied by prescription, or alcohol during their work hours.
3) In such a case as the Employee makes sexual abuse or as regarding overly abusive language and violence that you relate with students or employees of the institute.
4) In such a case as continuation of working is determined impossible due to the Employee's mental and/or physical impairment.
5) In such a case as there is continued failure to keep regularly scheduled classes and/or the amount of unexcused absence exceeds 3 days.
6) In such a case as the Employee does not carry out the responsibilities stipulated in the contract.
In case of failure to adhere to the above articles, the Employer shall notify to the Employee the cancellation of the contract in written form 15 days prior. The plane ticket and the severance payment shall not be given to the Employer.
13. Modifications and Termination
1) In case of modification, or termination, of the contract both parties must give 60 days prior written notice after mutual agreement between both parties.
2) In case the Employee�s death, war and/or any accident and that the Employee fails to acquire E-2 VISA, this contract shall be terminated.
3) The Employee can terminate this contract in the event the Employer does not follow this contract as stated herein, or in the case that the Employee is assaulted verbally, physically, and/or mentally by the Employer. If the contract is terminated by this case, the Employer shall give the Employee his/her release form.
4) After Employee is notified with the termination of the contract, the Employee must finish all her/his duties before the contract is actually terminated.
5) Changes in the contract must be made in writing. Changes without any written form cannot be used as a basis for termination or court action.
6) In case of termination of contract in within 6 months service by the Employee (except for unavoidable reasons such as the Employee's serious illness or accident ) the Employee is to return to the institute the cost of the airfare thus incurred. The Employee reserves the right to deduct this amount from any outstanding pay in order to satisfy this penalty. Aside from this penalty, the Employer will be obligated to pay all salary due to date of termination.
14. Miscellaneous provisions
1) The governing language of this contract shall be English. The English contract shall govern the translation into any other language.
2) The Employer and the Employee will act in good faith toward each other. The Employer will not dismiss the Employee without reasons that are reasonably considered as a good cause and the Employee will do their utmost to satisfactorily fulfill all the responsibilities and meet all the conditions as described in the above agreement.
3) Duplicate copies of this contract are in effect. The Employee retains one copy and the Employer retains one copies. All copies must have the same beginning and ending dates.
The Employer and the Employee mutually agree on all the articles of this contract. In the event that and unresolved conflict arises, both parties shall follow the laws of the Republic of Korea to resolve it.
The employee will be provided with the expenses for visa run trip to Japan. This will include fees for a round ferry, a hotel and visa application.
The employee will be required to observe classes on March 06 and 07. For these two days, the employee will be paid 15,000 won per class. |
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hubba bubba
Joined: 24 Oct 2006
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Posted: Fri Feb 23, 2007 5:00 pm Post subject: |
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Ask for a free bag of rice. |
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huffdaddy
Joined: 25 Nov 2005
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Posted: Fri Feb 23, 2007 5:14 pm Post subject: Re: Thoughts before I sign? |
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DannyOKC wrote: |
3. Work Hours and Over-time work
1) The workdays of the Employee are Monday through Friday, ( 2pm �9pm ), it will not exceed 30hrs per week . Working schedule will be changed during the summer and winter vacation. |
Lot's of interesting clauses in there. I'll just point this one out - what's a working hour defined as? Is it one class (50 minutes?) or is it 60 minutes of contact? It's the difference between teaching 6 and 7 classes a day.
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4) The Employee shall attend no more than 4 staff meetings per month which are not held during working hours however this will not be considered as working overtime.
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That's once a week.
Have you talked to the other teachers there? |
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Missile Command Kid
Joined: 17 Jul 2006 Location: Daegu
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Posted: Fri Feb 23, 2007 5:26 pm Post subject: |
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4) The Employee shall attend no more than 4 staff meetings per month which are not held during working hours however this will not be considered as working overtime so long as the meetings are conducted in English.
I'd get that changed. My school wants me to attend one staff meeting per week. Every week, I ask them if this one will be in English. Every week, they say no, and every week I shrug and ask them to let me know if anything important is said. I'd be more than happy to attend the meetings if they were all in English (and make no mistake: *all* the teachers at my school speak excellent English), but so long as it's Korean, I don't see the point. |
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