Ronald
Joined: 14 Feb 2007
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 Posted: Tue Feb 20, 2007 10:37 pm Post subject: Another contract please?? Is it legit? |
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Hi, I'm dealing with a school and I want to make sure everything is on point. Can you please look over a point out an discrepancies? Thanks so much.
WITNESSETH
Whereas, SCHOOL and INSTRUCTOR find it appropriate to enter into this Agreement under the terms of conditions set forth below:
Article 1-Definitions:
As used in this Agreement, each of the following terms shall have the meaning attributed to it below:
1.1. INSTRUCTOR shall mean the English teacher recruited for the sole purpose of teaching English and every educational activities for the benefit of SCHOOL.
Article 2-Appointment and Acceptance of Service:
2.1. INSTRUCTOR hereby agrees to teach English for SCHOOL and SCHOOL agrees to compensate INSTRUCTOR for each instruction time.
Article 3-Terms:
3.1. The term of this agreement is from 1st March, 2006 to the end of February, 2007 .
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Article 4-Compensation
Salary is commensurated with both ability and experience of INSTRUCTOR.
4.1. A monthly salary of 2,100,000 WON will be paid for working hours from 8:30 a.m to 4:20 p.m. INSTRUCTOR will teach 20 hours per week in SCHOOL in addition to preparing for class and forming a teaching plan. Work days are from Monday to Friday.
When he/she completes the one year contract, School will pay one month salary (2,100,000won) with the last monthly salary.(Severance pay based on Korean law)
4.2. If he or she is appointed as a leader of the foreigners, he or she will be given 100,000won a month.
4.3. Any additional hours will be paid 20,000Won per hour.
4.4. The pay period will begin on the first day of each month and end on the last day of each month. Compensation will be given with other instructors on the 1st. day of the following month. Any errors in compensation shall be reported to all parties affected within a week.
4.5. Income tax and a pension will be deducted from the salary according to the Korean tax and the Pension law (2% for income tax, 4.5% for Pension)
4.6. INSTRUCTOR will pay his/her equal share of utilities payment.
4.7. Medical insurance will be provided to the INSTRUCTOR. The Medical Insurance is 2.4 %of the salary for each month.
INSTRUCTOR must submit "Heath Certificate" to employment.. Any expenses incurred by for preexisting conditions shall not be a responsibility of SCHOOL.
Article 5- Work Service
5.1. INSTRUCTOR will observe only Korean national holidays.
5.2. INSTRUCTOR will receive 30 days paid vacation days(currently, summer 2 weeks, winter 2 weeks, and 2 weeks at the close of the school term). The vacation days will manifest according to the schedule of the SCHOOL and the smooth operation thereof (subject to 10 days prior notice).
5.3. INSTRUCTOR shall be entitled to 6 paid days of sick and emergency leave. This is permitted only under extreme and unusual circumstances. Extreme and unusual circumstance includes, but not limited to, death or serious illness of self or immediate family member. The INSTRUCTOR must provide the SCHOOL with a certificate signed by a medical practitioner, or, when concerning the death of an immediate family member, a copy of
a "death notice" upon return, immediately. The INSTRUCTOR must advise the SCHOOL as
soon as possible of the sick leave and expected duration thereof. Sick leave above and beyond
the said 6 working days shall be unpaid. Those who renew their contract shall not have
unused sick leave transferred into the succeeding contract.
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5.4. If INSTRUCTOR is more than 10 minutes late without prior notification, one hour of pay may be deducted. When INSTRUCTOR fails to notify SCHOOL his/her absence, SCHOOL has a right to deduct one day's pay for every day the instructor
is absent from work.
5.5. SCHOOL shall provide him/her round-trip ticket,(Hometown) in case of Instructor coming to Korea from another country. If the INSTRUCTOR does not leave Korea at the end of the contract, but chooses to work at another institute or school, the return ticket will not be paid. If the instructor leaves Korea within a week, school will pay
the return ticket.
5.7. But Instructor will refund SCHOOL the ticket charges and all the expenses including recruitment, if he/she cannot work until the end of the contract term.
5.8. SCHOOL will deduct 50,000Won per month from INSTRUCTOR'S pay and SCHOOL will pay the total of 600,000won on the last day of the following month of INSTRUCTOR'S contract. In this case the cost of utilities and expenses incurred by the INSTRUCTOR may be reduced from his/her pay when he/she didn't pay it.
(If he/she does not live in the apartment that school offers, school will pay him/her 200,000won per month for housing.)
For the case, the Instructor use the telephone in the housing, the school will pay the money back after one month to the bank account. (the rest of the money after pay for the phone bill)
Article 6-Housing
6.1. SCHOOL shall provide one-room apartment. SCHOOL shall provide the basic household furnishings, and adequate living accommodations and living conditions which include the followings : a bed, a TV set, an internet out-let, a clothes chest, a coin laundry machine, cooking utensils, hot water for bathing, western style toilet. The cost of monthly service, utilities, and telephone charges for the accommodation provided will be paid by the INSTRUCTOR.
Article 7-Duties and Responsibilities of INSTRUCTOR
7.1. During the term of the Agreement, INSTRUCTOR shall accept, obey, and strictly comply with the instructions, supervision, training, and discipline of the Principal, or Director of SCHOOL. These duties shall include English instruction in all phases of the SCHOOL's program. administrative duties related to the INSTRUCTOR's classroom duties, attendance at scheduled staff meetings, workshops, and school sponsored outings, and any other academic duties as may be assigned by the Principal(or Chairman, Director)of the SCHOOL.
7.2. INSTRUCTOR will direct and guide the students in conversational English. All the teaching materials will be provided to INSTRUCTOR. INSTRUCTOR may be assisted by a Korean English teacher.
7.3. INSTRUCTOR shall not be permitted to work outside the SCHOOL without prior written permission from the Principal or Director.
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Article 8-Dismissal/Release from Contract
8.1. SCHOOL shall have the right at its sole discretion to dismiss INSTRUCTOR for clear and frequent neglect of duties under this Agreement, including but not limited to, frequent absences without approval of the SCHOOL or good reasons therefore, criminal or other conduct inside or outside the SCHOOL that would harm the reputation of SCHOOL or students or staff, or for manifest inability to perform duties under this Agreement. Before any such dismissal, INSTRUCTOR shall be warned of dissatisfaction with performance and shall be given 20 working days in which to remedy the same.
8.2. Criminal or other conduct inside or outside the SCHOOL that would in the opinion of the SCHOOL seriously jeopardize any person or the reputation of SCHOOL, its students, or its staff, will be a cause for immediate dismissal and no warning nor time for remedy will be allotted.
8.3. INSTRUCTOR or SCHOOL may void the contract by giving a minimum of two-month advance notice in writing. Reasonable and adequate grounds must be provided.
8.4. Both parties have the right to make the contract null and void under one of the following circumstances:
a. The health of the INSTRUCTOR is such that it is deemed impossible for the INSTRUCTOR to continue.
b. Blatant misconduct by INSTRUCTOR.
c. INSTRUCTOR or dependents violate Korean law.
d. In the event of war, civil strife, or other disturbances or matters that are deemed by either the INSTRUCTOR'S government or Korean governments as being unusual and of adequate reason for leaving the country, provided that official documents from respective embassies are presented.
Article 9-Counterparts
9.1. Any controversy between the parties involving the construction or application of any of the term, provisions, or conditions of this Agreement, shall, on the written request of either party served on the other, be submitted to arbitration govern by the Korean law. The cost of such arbitration, including attorney' fees, shall be defrayed by the losing party or in such proportion as the arbitrator shall decide.
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