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EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT is made between
Mr./ Mrs. ...................... the owner of ............... School hereafter referred to as 'employer', and English instructor Mr./Ms. ........................hereafter referred to as 'employee'. The employer is not a recruiter and shall employ the employee to work at his/her school, only at this address: ........ ........... street, ............. city, Postal Code ........, S. Korea.
This EMPLOYMENT AGREEMENT has been made firm, this ...... day of ........./.........
The points of this contract cannot be renegotiated during its term.
Conditions of this Contract Are:
1. TREATMENT & RESPONSIBILITIES
We, the employer and the employee are individuals of equal human value and will treat each other as such. We sign this contract so to harmoniously and respectfully exchange our services as agreed upon here.
The service of the employee is to offer a work in the way that is agreed upon here. The employer will return the employee's work, with providing a peaceful and respectful work environment, and also with material and service -supports such as housing, salary, medical insurance, etc, as agreed upon in this contract. The school agrees that the teacher, in his / her free time, can engage in legal activities including teaching private classes (only to students who don't attend this school).
2- GUARANTEED WORKLOAD, HOURS, DAYS
The Guaranteed workload is 25 clock hours per week, or 100 clock hours (also equal to 120 classes of 50 minutes each), per 4 weeks 'Pay Period'. The term 'guaranteed hours' means that the employee's minimum salary remains the same no matter how few his / her teaching hours may become in a pay period. It also means that the unused teaching hours of one pay period cannot be moved for use in future pay period/s.
Teaching hours are organized by the school, in a block, a maximum of six hours (40 or 50 minutes class, 10 minutes break) a day, from Monday through Friday from ...... hrs. to ...... hrs.
In one contract year, the employee will participate 'on his/her time', in a maximum of 3 school events, each no longer than 7 hours. A five-minutes preparation time for each class session, and a 30-minutes teachers' meeting per week is also 'on employee's time'.
** Unpaid class preparation is a maximum of 5 minutes, before each class. Longer preparation time will be considered as overtime.
**Overtime is not obligatory. Any activity for or with the school in excess of what is agreed upon here (in paragraph 2), will be regarded as overtime.
3. PERIOD OF EMPLOYMENT
The total Term of this Contract Is ...... calendar months, from ...... / ...... / 2004, to ...... / ...... / ......
4. SCOPE OF WORK
* Teaching Conversational English. Target students from .... to .... years old! * Class preparation work. * Attending teachers' meeting. * Participating in up to three school activity days. All according to the conditions mentioned in this contract.
5. SALARY & OVERTIME PAYMENT
a. The period of '20 weekdays' (in a period of four continuous weeks) is one 'Pay Period'. There can be no unpaid gaps in one Pay Period, except for the 2 days of each weekend (if the teachers in not working on those days) and the Sick + Leave -days that are in excess of 6 days per year. Also, there can be no unpaid gaps between two Pay Periods, from the first day to the last day of this contract.
b. Regardless of how few the employee's work hours in a 'pay period' may be, his/her minimum pay is Q= ......... won per (20 weekdays in 4 continuous weeks). All vacations, national holidays and maximum 6 annual leave + sick days are also paid days, at the same rate, without the employee being asked to work to make up, for these days. Monthly (30-31 days) salary is calculated by adding the pay for the 2 or 3 remaining weekdays of that month, to the '20 weekdays' pay. The pay for one weekday is = (Q : 20).
* As such, for a 31-days month the pay is = Q + 3 x (Q : 20) + any applicable overtime pay.
* In those 2-3 days the workload cannot exceed an average of 5 clock hours of class per day unless overtime pay is paid for the extra hours.
c. Overtime. Any action and participation of the employee at the school or outside, directed by the school, that is above the agreed upon hours mentioned in this contract, is regarded as overtime work and is compensated at the rate of ......... won / 60 minutes.
d. Overtime is calculated and paid on Monthly Basis together with the monthly pay. Work / service hours in excess of 100 hours in a 4-weeks Pay Period, is considered as overtime work. Overtime includes: Extra class-preparation, Making Teaching Material, Translating, Meetings, Open house, Entertaining parents, Student minding, Camping, *and any other action or participation in or outside school that is arranged in agreement with the teacher, by the school, for the teacher to do or to attend.
e. The monthly pay of the employee will be made without delay on or prior to, the 'pay day' that is the .......day of each month. The payment of the salary and overtime are made up to date on the pay day. If the pay day falls on a holiday, the payment will be made on the last workday before that.
The payment of the last month's salary and overtime, plus the annual bonus will be made on the last day of this contract (as per paragraph 3 of this contract).
f. If the school requires the teacher to travel to different workplaces, All Hours of traveling/work in excess of 25 working, and 5 traveling hours a week, will be considered as Work hours, and the school will also pay for the full cost of the employee's traveling from his/her home, to all the workplaces, and back to his/her home.
6. TAX & DEDUCTIBLES
Income tax of ... %, and the employee's half of the 'health insurance premium' equal to ....... won will be deducted from the employee's monthly pay. No other fees whatsoever will be deducted from the employee's pay.
7. RENT FREE, FURNISHED HOUSING
Housing is a rent-free, private (not shared) suite in a house or in an apartment building located within 10 minutes walking time from the workplace mentioned in this agreement. The flat is Clean, Sunny, & Quiet. The flat includes a bedroom, combined kitchenette / dining space, a bathroom, etc. Basements, bachelors or student rooms ("officetel"), shared flats, dark, humid, dirty, or rat / mold -infested places, or places in noisy or dangerous areas are not acceptable accommodation.
This spotlessly clean rent-free apartment will be offered to the employee on his/her arrival day, and it must be returned to the school in the same shape when the employee leaves the institute.
* As required by the Labor Law, in this accommodation, privacy of the employee is respected meaning no one will enter this suite except with prior permission of the employee. For doing repairs, help, etc, the employer needs to seek the employee's permission for entry, one day in advance, or if the employee prefers, it can be done on the same day.
* Furniture: is Clean and in Good (not worn-out) Condition. Bed, bedding, sheets, desk, curtains, closet, table, dining set, VCR, TV, washing machine, phone, fridge, stove, clothes rack, pots, pans, dishes, cutlery, fan or A/C, and a working heating system, are already in the apartment.
The furniture and the appliances provided are clean and in good working condition, and must be returned to the school in the same condition on the last day of this contract.
* Maintenance of, and Repairs to the apartment, the appliances, and the heating system, as well as replacement of worn-out furniture, are the responsibility of the employer.
* The utilities (heating, power, phone, internet, cable) of the suite are paid by the employee on monthly basis.
8. SAME DAY RESPONSE
Should the employee report a problem with the heating system, fridge or stove, or should s/he need medical attention, On the same day, the employer will help or hire help to solve the problem.
9. PAID HOLIDAYS, LEAVE & SICK-DAYS
The employee will have one week paid vacation in the winter, and another week of paid vacation in the summer. The vacation time is announced to the employee, at least 2 months in advance. The paid vacations are in addition to the 6 paid leave / sick -days per year. A physician's approval is needed, if the employee needs to take more than one sick-day at a time.
All the above mentioned days are considered as work days, it means the employee is paid the same salary and overtime pay as usual, and will not be asked to work extra hours to make up for these days, nor can these days come off his overtime hours!
* The vacations do come in min. of one-week blocks, and cannot be divided.
* If the employee agrees to stay for an additional year, s/he will be entitled to a month Unpaid vacation before s/he starts the next year's work.
10. DRESS CODE
Clean and proper shirts and pants in the winter, Dressy shorts and T-shirts in the summer are acceptable work attire.
11. MEDICAL INSURANCE
* From his first workday the employee will be covered for his dental and medical insurance by the 'Korean National' Medical Insurance. One half of the insurance premium is to be paid by the employer and another half is to be paid by the employee.
*Payment of the employee's half of the insurance premium will be made by deduction of the same out of his/her monthly salary. The premium rate is 1.5% of the monthly pay.
12. AIRFARE, VISA, & 'VISA RUN'
* a- A prepaid economy class round trip ticket is sent to the employee, by the employer, so to fly him/her from the international airport closest to his/her original home address, to his/her workplace in Korea, and back to the first international airport. The employee keeps the return ticket.
* Should the employer need to send the employee to another country to obtain Korean 'work visa', it is done within 2 months from employee's arrival day in Korea, and all costs of traveling / transportation, hotel, and food for the visa trip will be covered by the employer.
* All costs of 'residence visa' and 'residence card' in Korea are also covered by the employer.
13. BONUSES
In accordance to the Korean labor Law, the annual bonus equivalent of the employee's monthly pay, is paid to the employee on the last day of this contract REGARDLESS from his/her renewing his/her contract for another year, or not.
Six-months contracts do come with a bonus of 1/2 month's salary. (If you have a 6-months contract)
* Contract Renewal Bonus of 2/3 of teacher's salary is paid to him/her upon renewal of this contract for another year. The next year's contract will not offer a round trip airfare. An annual pay raise of 7% will be added for the 2nd year's contract. The conditions of the contract can be renegotiated by the parties, for a 2nd year's contract.
14. DISCIPLINING STUDENTS
Due to the employee's lack of knowledge of the students' mother tongue / culture, the school principal and the local assistants will eagerly assist the employee, should s/he ask for help in disciplining the students.
In unlikely case of a student disrespecting the employee, the employer warns the student that s/he can be dismissed from the school, and if the problem persists after a 2nd warning, the dismissal will take place.
This is to prevent some inexperienced schools from sweetening a rude student in fear of losing a customer. As experienced schools and teachers, have experienced, if many students and their teacher in a class are made unhappy by one rude student, the school loses many more valuable customers and many more valuable teachers, with them. So they Fully support their teachers, if the teacher considers a student disrespectful.
15. DISMISSAL OR VOLUNTARY RESIGNATION
* The Employer and the employee reserve the right to end this contract, in any of the cases mentioned in this paragraph.
* It is agreed hereby that 'Copy of the employee's resignation or dismissal notice' will act as his legal 'Release Paper'.
Dismissal can take place if the employee:
a. neglects his/her duties stipulated in this agreement.
b. is frequently absent from work.
c. does not report to work for over 15 days.
d. has to take an extended (longer than 30 days) sick leave even if recommended by a registered physician.
*In cases 'a' and 'b', the employee will have 20 days after each warning letter, to correct the situation. In case 'c', the employee will be paid to the last day of his/her Work. In case 'd' the employee's last paid day will be the dismissal day.
Resignation can take place if the employee perceives:
a. Continuous disrespect, or negligence of his/her human rights.
b. Employer's negligence of the points of this contract , including on-time pay.
c. Death or severe illness of a family member, or severe illness of the employee.
*In case of resignation, employee is paid up to his/her last day of Work, and no fees except for the amount shown on his/her apartment utility bills, his/her monthly 'income tax & health insurance premium' - will be deducted from his pay.
** All the accounts / pays on either side, as explained in this contract, must be settled by the last day of teacher's work.
***The employer will automatically give the 'release paper' to the employee, on the last day of this contract. Any further co-operation of the employer and the employee can only happen after the employee has received the release paper.
**** During the last two months of this contract's period the employer cannot dismiss the employee, unless the employer pays the employee his annual bonus, in addition to his up to date pay, on his last workday.
16. GOVERNING LAW & JURISDICTION
This Agreement is governed by the 'Korean Labor Law for Foreign workers'. As expressed by this Law: at any given time the conditions provided in a work contract must be the same or better than the conditions required by this law.
This Agreement is made final and firm.
School's Name and address in Full:
................
Employer's name Employee's name
........... ...................
Employer's signature Employee's signature
..................... .............
Date & place Date & place
............ ..............