KOREAN SAMPLE CONTRACT
#2:
EMPLOYMENT AGREEMENT
FOR SBSi Kids INSTRUCTORS
This EMPLOYMENT AGREEMENT has
been made between________, located at __________________________________(hereinafter
referred to as "the employer"), and___________ ,a citizen
of _________whose address is ______________________ (hereinafter
referred to as "the employee"). The employer and the employee,
in consideration of the mutual promises and covenants contained
herein, agree as follows :
Contract Period
From: ___________to ______________
1.0 General
The employee accepts employment from the employer to teach the English
language under the terms and conditions set forth here in this agreement
for a period of twelve full and consecutive teaching sessions (approximately
one month each). Employment commences from the first day of orientation
and finishes on the last teaching day of the last teaching session
covered under this agreement.
1.1 Term of Agreement: The term of this agreement includes orientation
time, twelve (12) full and consecutive teaching sessions, and all
scheduled vacation and holidays during teaching session. The total
term of this agreement is approximately one year, commencing from
the first day of orientation and finishing on the last teaching
day of the employee’s twelfth teaching session.
2.0 Duties
During the term of this agreement, the employee
is required to prepare for, teach, and carry out all required administrative
duties connected with classes assigned by the employer.
The minimum teaching requirement is 110 (forty minutes classes)
actual teaching hours per session.
It can be said 41classes/week too.
2.1 Operating hours are 9:30AM TO 7:30PM. Monday through Friday
are teaching days except for scheduled public holidays and vacation
days. The employee will be required to teach on one Saturday every
two months (usually for Mini-Drama Contests or supplementary classes)
and it will be charged additionally by overtime payment scheme.
2.2 Total teaching hours in excess of the minimum requirement are
calculated each session as overtime teaching. Payment made for assigned
teaching hours is inclusive of payment for preparation and administrative
duties connected with those assigned classes. The employee agrees
to attend meetings and workshops scheduled by the employer with
no extra pay when they are scheduled during working time.
2.3 At all times during the term of this agreement, the employee
will directly adhere to and obey all the rules and regulations that
have been, or may hereafter be established, by the employer for
the conduct of the employee or generally for the conduct of instructors
at the place of employment.
2.4 Teaching Schedule( It’s the teaching schedule of Institute,
NOT native speaker teacher)
Morning Kindergarten: 09:40 - 10:20 Class1
10:30 - 11:10 Class2
11:20 - 12:00 Class3
12:00~12:40 Lunch Break Time
12:40~13:20 Class4
13:20~14:20 Flexible Break Time (can be shortened
by teaching R&D, given
tasks, weekly meeting)
14:20~15:00 Class Preparation
Afternoon Classes: 15:00~15:38 Class1
15:47~16:23 Class2
16:31~17:08 Class1
17:16~17:53 Class2
18:00~18:38 Class1
18:47~19:25 Class2
2.5 Class observation by the principal or
other colleagues will be conducted. The objectives of this are to:
1. To show and learn teaching methodology to colleagues
2. To resolve classroom management issues
3. To allow management to make parents aware of classroom issues
and student progress.
4. To check adherence to the syllabus and/or to raise issues regarding
the syllabus
2.6 Demonstrating care and compassion for
students is the single most important duty the employee has.
3.0 Salary and Benefits
3.1 Salary, Bonus (Severance payment) &
Overtime: The monthly salary is 2.0 million Won, with 2 payments
made on the last day of the last teaching session, as severance
pay. No part of this thirteenth payment will be made unless the
employee completes the full (12 session) one-year contract. Overtime
is paid at the rate of 18,000 Won per 60-minutes. Salary will begin
from the first day of orientation. When the employee is absent from
scheduled teaching duties, salary will be deducted accordingly.
Taxes are deducted according to Korean tax law. Salary payments
will be made on the last day of each month during which the employment
services were provided.
3.2 Orientation and Training: Shortly after arrival in Korea, the
employee will be required to undertake orientation and training
before starting teaching duties. The period of training and orientation
will be decided by the employer.
3.3 Transportation: The employer will provide
the employee an economy class ticket for passage to Korea from an
international airport mutually agreed to by the employer and the
employee (henceforth referred to as point of departure). On completion
of the full contract period, the employer will provide for the employee
an economy class ticket for passage from Korea to the point of departure.
The return air ticket will be provided at the time of, and is dependent
upon completion of the full contract term. In the event that the
employee continues employment under a subsequent employment agreement
with the employer, the return air ticket will be provided at the
time of completion of the subsequent contract period(s). If requested,
the employer will pay the cash equivalent of the cost of the lowest
one-way fare available from Yeosu to the point of departure.
If the employee is dismissed or leaves the Institute voluntarily
during the first six months of employment,
She/he will reimburse the Institute for the cost of air transportation
to Korea. The employer will provide a
receipt from the travel agency from which the ticket was purchased.
If the employee does not complete the full contract term, for any
reason, the employer will not be required to provide return transportation.
3.4 Holidays and Vacation: The employee will be entitled to observe
public holidays and receive vacation days during the contract term
according to a yearly schedule provided by the employer before the
beginning of the year to which the schedule refers. There are ten
(10) vacation days in each calendar year. They are offered in the
form of one-week breaks in summer and winter.
3.5 Medical Insurance: The employee will be
covered by medical benefits under the Korean Medical Insurance Union,
a Government Health Organization. The cost of this coverage will
be borne fully by the employer.
3.6 Accident Compensation: In the event that
the employee sustains injuries from an accident or mishap
which occurs outside the course of normal work duties; the employee
understands and agrees that the
employer will have no responsibility for, nor obligation to pay,
medical and hospital costs which are in
excess of those covered by medical insurance.
3.7 Sick Days/Attendance Bonus: Employee is
entitled to 3 paid sick days. Should employee not use these sick
days, employer will pay an attendance bonus of 150,000 Won upon
the completion of one-year contract. Unused sick days will be credited
at 50,000 Won per day unused.
4 Housing
4.1 The employer will provide semi-furnished
private bedroom (single apartments, or a shared apartment) for the
employee. Furnishings provided by the employer include: a gas range,
a refrigerator, a telephone, a television, a VCR, a washing machine,
a bed, a dresser, and an air-conditioner.
4.2 The employee is responsible for all maintenance,
utility and telephone charges for accommodation provided by the
employer. If the employee is the sole occupant of double occupancy
accommodation provided by the employer, he/she will be responsible
for all the above-mentioned expenses.
4.3 The employee agrees to a deduction of
200,000 Won per month from the first two months of employment, totalling
400,000 Won, as a housing management deposit. This deposit is to
cover any unpaid monthly service, utility, and telephone charges
at the completion of this contract and/or costs associated with
the resignation or dismissal of the employee before the termination
of this contract. The employer agrees that payment of remaining
amounts of the deposit will be made to the employee within ten days
after all outstanding monthly service, utility, and telephone charges
have been paid.
5.0 Dismissals or Voluntary
Resignation
The employer will have the right to dismiss
the employee for unwillingness or inability to meet conditions of
employment as set out under this agreement, for conduct seriously
jeopardizing any student or staff member, or for criminal activity.
5.1 The employer will have the right to dismiss the employee when
he/she shows no improvement in teaching skills or enthusiasm in
teaching and caring for students after he/she has received warnings
from the employer.
5.2 The employee will receive two oral warnings and one written
warning before dismissal.
5.3 In the event that the employee is dismissed, or in the event
that the employee voluntarily resigns prior to the termination of
the term of this agreement, the employer will pay salary due to
the date of termination. The employer will not pay the cost of return
transportation to point of departure for the employee. Further,
the employer will be entitled to withhold an amount less than or
equivalent to, but not exceeding, the cost of airfare provided for
travel to Korea.
6.0 Covenants
The employee hereby agrees, covenants, and
undertakes that he/she will not undertake any teaching duties or
employment with any persons or organizations other than the employer.
To undertake such employment is a breach of Korean Immigration law
and can have serious consequences.
6.1 The employee understands and accepts that
the rights to use, sale, distribution, or publication of all original
material produced by the employee during the course of employment,
and for which the employee is compensated with salary, overtime,
or an agreed-upon lump sum, remain the sole property of the employer.
7.0 Jurisdiction
This agreement will be interpreted according
to the internal (domestic) laws of the Republic of Korea. A competent
court in the Republic of Korea will have jurisdiction in regard
to any dispute or claim arising out of, or in connection with, this
agreement.
The employer and the employee have executed
this agreement on the date indicated below. Intending to be legally
bound to, and in witness of, the employer and the employee have
appended their signatures.
_____________________
The Employer
_____________________
The Employee
_____________________
Date
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