The contract is valid for the period of one year and is effective from / /2005 to / /2006.
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. PLACE OF EMPLOYMENT
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 starts on Monday and ends on Friday, 120 hours per month. Daily teaching hours are between 2-10pm. However, working hours is flexible in accordance with the institution’s schedule and in this case both parties must mutually agree. Any hours exceeding the foregoing hours shall be considered as overtime. If the Employee does not want to work overtime, the Employer shall not force the Employee to do so.
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 3.
3) The Employee shall be paid with the mentioned salary in this contract even if the Employee works less than 120 hours per month due to lack of classes.
4) The Employee must attend staff meetings and workshops, which are not held during working hours however this will not be considered as working overtime.
5) Classes and teaching will be scheduled in accordance with the needs of the Employee.
4. EMPLOYEE’S DUTIES
1) The Employee shall observe the Employer’s work system and regulations concerning administration of foreign experts and shall accept the Employer’s arrangement, direction, supervision and evaluation in regard to his/her work without the Employer’s consent.
2) The Employee must to try to act with dignity as an English teacher. The Employee must act 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 an orientation, training program, and staff meetings and prepare for their classes as required.
4) The Employee shall use only teaching materials provided by or recommended by the Employer. The use of supplementary 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.
5) The Employee can be required to interview new students and evaluate their placement level.
6) The Employee shall not reveal any information regarding her/his class to any other person or to other institutes.
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. The Employer 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 surroundings. If the Employee has any 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 their best to resolve it.
1) The Employee shall be paid _________million won per month for the regular working hours on, or before, the 05th of each month. The first salary shall be paid according to the workdays the Employee worked. The last utility fee that is not paid by Employee shall be deducted from the last salary.
2) If the Employee has not worked the regularly scheduled hours due to tardiness, absence and etc, the monthly salary will be calculated using a daily rate or hourly rate.
Daily rate: Monthly salary divided by workable days of the month multiplied by the actual worked days.
Hourly rate: Daily rate divided by 6.
3) Overtime shall be paid at the rate of won per hour and paid with salary on the payment day.
4) When the Employee completes the contract without any problems, 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 be given.
5) The tax for severance payment and salary must be paid as it is stated in the Korean Tax laws. All wages are to be paid in Korean Won to the Employee’s designated Korean bank account.
7. IMCOME TAX AND MEDICAL INSURANCE
1) Income tax shall be withheld from the salary at a rate 5 of % in accordance with Korean Tax Law. The Employee shall be provided with the receipts.
2) 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 Employee. The Employer shall deduct the 1.5% of premium from Employee’s salary for his/her portion of the monthly premium and a receipt shall be provided to the Employee.
1) The Employee will be provided with a non-shared studio room apartment that is furnished with basic appliances and be located within a walking distance from the institute.
2) The following furnishings are provided: bed and sheets, wardrobe, table, chair, TV, VCR (if cable network is not connected), refrigerator, laundry machine, basic cooking facilities and basic cleaning tools.
3) Monthly utilities for electricity, water, gas, oil and Internet are the Employee's responsibility. Furthermore, all the expenses regarding his/her meals are also the Employee’s responsibility.
4) The Employee shall be responsible for the maintenance of the apartment, furniture and equipment. Any damage is the Employee’s responsibility. The Employer will deduct 200,000 won monthly for the first three months, a total of 600,000 won as a deposit for repairs in case there is any damage. This money will be given back in full to the Employee when the Employee leaves.
5) Upon the completion of this contract, the overdue fee for monthly utilities for electricity, water, gas, oil and Internet shall be deducted from the last month’s salary.
9. AIR FAIRE
1) The Employer has to pay the Employee the airfare from the Employee’s point of departure to the workplace.
2) If the Employee has to visit Japan to renew the visa after entry to Korea, all expenses shall be paid by the Employer. Return air ticket to Japan and hotel costs, including breakfast shall be included within the expenses. The accommodation fee in Japan will be the same as it is for ordinary tourist. Expenses shall be paid in Korean Won. With exception of the listed expenses, the Employer shall not have responsibility for any other costs.
3) If the Employee terminates his/her contract before three months after the Employee’s arrival then the Employer has the right to deduct the amount of money spent on an airfare from the Employee’s last salary. However, if the Employer terminates the contract before three months, the Employer does not have the right to deduct the airfare from the Employee’s salary.
4) When the Employee completes his/her contract, the Employer must pay the Employee with the amount of money that is equal to the airfare home. If the Employee does not complete the contract then the Employer will not pay for the airfare.
5) The air ticket shall be limited to Economy class only.
After arrival in Korea, teachers may be allowed a few days for adjustment and school preparation before beginning regular teaching duties. The preparatory period will be spent in the institute preparing for classes and learning the instructional system.
10. PAID VACATION AND PAID SICK LEAVE
1) The paid vacation shall be 12 days in accordance to the Employer's annual schedule, only after the initial 3 months. National Holidays, Saturdays and Sundays shall not be included in the paid vacation.
2) Due to the annual summer/winter break in Korea, from the 12 days vacation period, the Employee may choose to use one vacation segment with the summer/winter break. The vacations will be administered through the Academic Director.
3) The Employee will be paid for all national holidays and not be expected to work during these days.
4) 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 days shall not be considered as paid sick leave.
5) With the exception of entitled paid vacation and sick leave, in the case that the Employee is absent, the Employee’s monthly salary will be deducted according to Article 6 Clause 2.
11. RENEWAL OF CONTRACT
1) The Employee must give the Employer a 60-day notice in writing before renewal or non-renewal of the Employee’s current contract.
2) Both the Employer and the Employee reserve the option to renew the contract.
12. TERMINATION OF CONTRACT
1) Both parties will give at least a 60 days notice in writing prior to the termination date of the contract and the Employer retains the right to terminate the contract immediately if:
- The Employee is unable to discharge the responsibilities or meet the conditions such as being late for class on a continuous basis; continuous failure to keep regularly scheduled class hours and repeated absences from classes without a valid reason.
- The Employee teaches off the Employer’s property.
- The Employee uses illegal drugs or is intoxicated during work hours.
- The Employee participates in any type of criminal activity that corrupts public morals which violates the laws of the Republic of South Korea.
- The Employee fails to acquire the E-2 VISA because of the Employee’s death, war in the country and/or any accident, this contract shall be terminated.
2) The Employee shall terminate this contract in the event the Employer does not follow this contract as stated herein, or in the case that the Employer assaults the Employee in a verbal, physical, and/or mental way.
3) Within 14 days, the Employee is required to sign a notice of termination and accompany the Employer to the Korean Immigration office to notify the Korean Immigration Office of the termination.
13. MODIFICATION OF CONTRACT
1) In case there are any changes and/or modifications to the contract, both parties must give 30 days prior written notice after mutual agreement between both parties.
2) Any changes and/or modifications 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 are not part of this contract.
14. VENUE FOR DISPUTES BETWEEN EMPLOYER AND EMPLOYEE
The appropriate laws of the Republic of Korea will govern this contract. However, while both parties enter into this agreement with total honesty and integrity, disputes may sometimes occur. In such cases, 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, they must do so in accordance with EMPLOYMENT CONTRACT herein. Upon such termination, both parties will agree to remain civil and to speak honestly and fairly about their experiences and not in a disrespectful manner.
15. TRANSFERAL OF CONTRACT
Under no circumstances can the Employer exchange, give, sell or transfer this contract or the services of the Employee to another party or Institute without the written consent of the Employee.
16. LANAGUAGE 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 these documents. In event of a dispute, the English version of this contract will prevail.
17. MISCELLANEOUS PROVISIONS
1) The Employer and the Employee agree that they have read the entirety of this EMPLOYMENT CONTRACT and no other verbal agreement statement or promise made on or before the effective date of this contract will be binding on the parties.
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) This contract is in duplicate on the date stated at the end of this contract. The Employee retains one copy and the Employer retains two copies.
The following Employment Agreement is made between the following two parties.