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On this page, you will find examples of various contracts you will encounter in Korea and China. All of them are real contracts without the blanks filled in, obviously. For an idea on salaries, OT rates, severance bonuses, etc., go to our Benefits page. If you have questions about any of the clauses in these contracts, email us at the address below: CONTRACT HELP: russell_recruiting@yahoo.ca
KOREAN SAMPLE CONTRACT #1:
EMPLOYMENT CONTRACT
Witness Whereas the INSTITUTE and the INSTRUCTOR
find it appropriate to enter into this Article One: Definitions i. INSTRUCTOR shall mean the English teacher hired for the sole purpose of providing English language instruction in the Republic of Korea for the benefit of the INSTITUTE; ii INSTITUTE shall refer to Hyundai Language Institute, located in Gumi, KOREA
Article Three: Terms i. This contract shall come into force as of the date this agreement is executed, and unless terminated earlier, shall remain in force for twelve (12) consecutive months from the date upon which the INSTRUCTOR arrives in the Republic of KOREA Article Four: Salary and Benefits i. For the first six(6) months of this contract, a monthly salary of one million eight hundred thousand Korean won shall be paid for teaching hours totaling less than or equal to thirty(30) hours per week. For the remaining six(6) months of this contract, a monthly salary of one million nine hundred thousand Korea won shall be paid for teaching hours totaling less than or equal to thirty(30) hours per week. ii. Classes will be held form Monday to Friday. Class times are scheduled in accordance with the needs and academic curricula of INSTITUTE. Overtime hours, defined as teaching hours exceeding thirty (30) hours per week, shall be compensated at a rate of fifteen thousand Korean won per hour. iii. A bonus payment of one million eight hundred thousand Korean won will be made to the INSTRUCTOR upon completion of the full contractual term of twelve(12) consecutive months of instruction at the INSTITUTE. This payment is subject to income taxes. iv. Pay periods begin on the first day of each month, with remuneration given to all staff members on a common payday with falls within the first week of the following month. Any errors in the calculation of compensation shall be reported to the management of the INSTITUTE within one week of the common payday. The final installment shall be paid on the final day of the contractual period of employment, in addition to the bonus payment. v. Income tax will be deducted from the monthly salary in accordance with Korean law. Income tax is currently assessed at a rate of approximately 5%. vi. The INSTRUCTOR shall be responsible for making utility payments, including local and long-distance telephone charges, hot water, and electricity. vii. The INSTITUTE agrees to provide medical insurance for the INSTRUCTOR through enrollment in a mandatory group medical insurance policy. The INSTITUTE agrees to pay 50 % of the monthly premium, and the INSTRUCTOR agrees to pay 50 % of the monthly premium by way of a monthly salary deduction. ix. The INSTRUCTOR shall observe only Korean national holidays. x. The INSTRUCTOR shall receive seven(7) vacation days and beyond the national holidays observed during the currency of this contract. Vacation days will be granted at the discretion of the INSTITUTE, provided that the INSTRUCTOR has provided at least ten (10) days advance notice of desired vacation time, and that the smooth operation of the INSTITUTE would not be compromised by the granting of vacation days at the desired time. xi. The INSTRUCTOR shall be allowed five(5) days of paid emergency leave upon presentation of proper notice and proof to the INSTITUTE, only under extreme and unusual circumstances including, but not limited to , the death or serious illness of an immediate family member. xii. If the INSTRUCTOR is more than ten (10) minutes late for class without notification or excuse, on e hour of pay may be deducted by the INSTITUTE. xii. The INSTRUCTOR may take up to three(3) days of paid sick leave during the currency of this contract. Unused sick leave may NOT be converted into vacation time. When the instructor is unable to attend class due to illness, the INSTRUCTOR shall notify the INSTITUTE at least one hour prior to the commencement of the class. The INSTITUTE may require a physicians’ note attesting to the nature of the illness. If the INSTRUCTOR fails to notify the INSTITUTE of illness, or fails to provide medical proof if required, the INSTITUTE reserves the right to deduct one day’s pay for each day the INSTRUCTOR is absent from work. xiii. The INSTITUTE shall provide round-trip economy class tickets for air travel to and from ______________to Korea. Return tickets will be retained by the INSTITUTE and given to the INSTRUCTOR upon completion of this contract. If the INSTRUCTOR willfully leaves the INSTITUTE before six(6) months, the INSTRUCTOR shall be required to reimburse the INSTITUTE for the cost of the said tickets, in cash or by deduction from a salary payment.
Article Five: Duties and Responsibilities of the INSTRUCTOR. i. During the currency of this contract, the INSTRUCTOR shall accept, obey, and strictly comply with the instruction, direction, supervision, and discipline fo the Academic Director of the INSTITUTE. Duties shall include English INSTRUCTOR at all levels of the INSTITUTE’s academic program. Administrative duties such as planning, attendance at staff meetings, workshops and school-sponsored outings, and any other academic duties as may be assigned from time to time by the Academic Director must be strictly complied with. ii. The INSTRUCTOR shall direct and guide students in conversational English. All teaching materials will be provided by the INSTITUTE. The INSTRUCTOR may be assisted by a Korean English teacher. iii. The INSTRUCTOR shall not be permitted to work outside the INSTITUTE without prior express written consent from the Academic Director. For corporate classes held outside the INSTITUTE facilities, the INSTRUCTOR shall receive fifteen thousand Korean won per hour. Article Six: Dismissal/Release i. The INSTITUTE reserves the right to terminate this contract for cause, with written notification given at least four weeks in advance of termination, or without notification for serious cause. The INSTITUTE agrees to give written notice of any intention to terminate this contract at least four weeks in advance of termination. ii. Both the INSTITUTE and the INSTRUCTOR have the right to release from this contract under any of the following circumstances: A. The health of this INSTRUCTOR is such that
it would be demonstrably impossible to fulfill the contractual obligations; Article Seven : Governing Law i. Any controversy between the INSTRUCTOR and the INSTITUTE regarding any term, provision, or condition set forth in this contact shall, upon the written request of either party served upon the other, be submitted to arbitration as governed by Korean law. The cost of such arbitration, including attorney’s fees, shall be borne by the losing party, or in such proportion as the arbiter shall determine. This contract may be amended only by an instrument in writing, signed by both parties, which expressly refers to this contract and specifically states that it is intended to amend it. This contract may be executed in one or more counterpart(s), each of which shall be considered an original for all purposes related thereto. Tentative Stating Date: _________________________ INSTITUTE __________________
INSTRUCTOR __________________ Date Signed : _____________
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