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Help me see if I missed anything in this contract
« on: March 27, 2018, 11:44:46 am »
Hello,
I was offered this position and I have issues with clauses under Terms of Agreement (paying a fine for airfare if I quit even though I am not receiving airfare at all), the school events (doesn't say how many and they're unpaid) and the Salary and other Benefits (3.3% tax, and the housing deposit). Is there anything else that I missed that I should be concerned about?
Terms and Agreement
1.2 The visa issued by the exclusive agreement between the Employer and the Employee becomes invalid right after termination of agreement.

This agreement may be renewed by mutual consent two months prior to its expiration. Without a new agreement between the Employer and the Employee two months before the expiration, the employee shall be automatically dismissed from employment when the contract expires.

If the Employee wishes to terminate the employment contract prior to the agreed date of expiration due to his/her personal reasons which are not accepted by the Employer, he/she has to pay a fine of the equivalent of airfare which the Employer has provided as compensation for the inconvenience which early termination causes both the students and the company.

DUTIES OF THE EMPLOYEE

During the term of this agreement, the Employee will be responsible for the followings; additional curriculum design, and implementation, development of educational programs and materials, grading and evaluation of students, attending teacher’s meetings and workshops, keeping classroom clean and neat, checking homework& daily report, taking good care of kids while they’re in ---. The employee also should attend to the School’s official events & ceremonies (School orientation, school presentation,  graduation ceremony, summer camp), which will be held on Saturdays, not be paid extra, other activities directly related to teaching that may be assigned by the company.

Each class is 30-40 minutes in length and will cover of all duties mentioned in section 3.1 above. The Employee will work from Monday to Friday, from 9:20 am to 6:20 pm. The total working hours per day will be 8 hours (except lunch time).

The Employee must not cancel classes arbitrarily. If cancellation of classes is unavoidable, the Employee must consult with the Director in advance. In case of sickness, unexpected accidents, and bereavement, the Employee has to follow necessary steps through discussion with the Employer.

The Employee is not allowed to work for any other organization and person during the term of employment.

The Employee understands and agrees that at all times during the term of this agreement, the Employee is to follow all the provisions of laws and regulations of the Korean government and any local government authorities thereof.

Regular hours and events are scheduled in accordance with the needs of Employer. Although the schedule is flexible according to employer's day-to-day needs, reasonable efforts by the employer should be made to accommodate Employee's requests.



SALARY AND OTHER BENEFITS

Salary
The Employee will be paid a base salary of 2.3 million Korean Won per month. Any additional program development that is needed outside of the regular preparation time will be paid at a rate determined by the employee and employer.  The Korean income tax and residence tax required under Korean law will be withheld each month from the employee's salary. The Employee's salary will be paid on the 5th of every month. If this day falls on national holidays, Saturdays, or Sundays, the salary will be paid on the following business day. However, in the last month of the contract term, the monthly salary is to be paid on the last business day of the month.  Income and Residential tax will be deducted from the base salary at a rate of   3.3 % per month in accordance with Korean tax laws.

In the event the Employee renews the contract after completing 1 year contract successfully, the Employee may be eligible for a salary raise up to the maximum limit of 2,500,000 KRW by increments of 100,000 KRW per year. The increase is at the discretion of the Employer, neither automatic nor guaranteed, according to the Employee’s teaching performance and contributions made toward the achievement of the educational goals of (school name).

● Penalty
Missed classes, not under the employer's agreement, will be compensated for at the employer's damage-penalty of 40,000 KRW per class.  But, in the case of reasonable situation (advance notice to the employer), or the making up of missed classes, the employer can't penalize.



Severance payment

On the condition that this contract is completely satisfied and that employment lasts for one year, a special bonus(severance payment) consisting of a month salary will be paid to the Employee by the Employer. The severance payment will be given to the Employee on the last day of contract term. This payment is also subject to Korean income, resident, and other taxes and expenses. After all the expenses and taxes are paid, the remainder will be transferred to the employee's bank account. Under no circumstance will this severance pay be withheld from the Employee.

       4.3 Overtime payment

If the Employer requires the employee to work in excess of 40 hours per week, such overtime or extra hours shall be paid for, in addition to the monthly salary, at the rate of 20,000 KRW per hour.

Vacation

The Employee will be paid for all national holidays and not be expected to work during these days. The Employee is entitled to 10 days of paid vacation(5days in summer, 5days in winter) based on the yearly schedule made by the Employer. The timing of these additional vacations will be determined by the Employer. These additional breaks will also be paid. 

Medical Insurance, National Pension and Sick Days

The Employer shall pay 50% of the medical insurance premium. The other 50% of the insurance premium will be deducted from the Employee's first salary payment. The Employee is also entitled to 3 paid sick days per year, which are to be proved by medical papers.

The Employer, on behalf of the Employee, shall provide half of the national pension plan deduction (approximately 4.5% of the Employee’s salary) pursuant to the National Pension Corporation Act of Korea. Employees eligible for a pension distribution refund must submit the required documents to the Korean National Pension Corporation when they leave Korea after the completion of their Contract.

Housing

The Employee will be provided with furnished housing by the Employer.  The furnished housing will include microwave, washing machine, refrigerator, stove, and bed. The Employer will provide the monthly rent fee.  The Employer will also ensure that the apartment is a clean, quiet, and safe environment in which the Employee can live comfortably while in Korea. The Employee shall pay the utility service charges incurred in using the housing.

The Employer will provide lodging, if necessary, for the Employee’s stay for the orientation and training period at a facility provided by the Employer.

● Housing deposit
First and Second month (10% of salary per month) of the salaries are to be withheld for housing deposit. The amount withheld will be returned to the Employee at the completion of the contract.

RIGHTS, RESPONSIBILITIES, DISMISSAL and RENEWAL, CHANGES TO CONTRACT

5.1 Both the Employer and the Employee are to be considered professionals and as such will treat each other with mutual respect and dignity.  The Employee will also carry out the teaching assignments given by the employer in a professional manner.

 The Employer has the right to dismiss the Employee for negligence of duties, misconduct, or unwillingness or inability to meet conditions of Employment as set forth in this agreement. Prior to such dismissal, the Employer must first bring the problem to the attention of the Employee in writing.  The letter needs to be signed by both parties.  The employee will be given an appropriate time to address the situation.   If the problem is not addressed the Employee will be given 30 days- notice. However, illegal activities or other misconduct which has jeopardized any students or staff members of the Employer, or which damages the reputation of the Employer, will be cause for immediate dismissal without warning or time for remedy.  However, circumstances beyond the control of the Employee are exempt from section 5.2. Circumstances may include, but not limited to accident, death, failure to obtain an E2 visa, illness or unpredicted events.

The Employee must give the Employer a written  60 - day notice before renewal or non-renewal of the Employee’s current contract.

The Employer has the right to dismiss the Employee for disclosing any (school name) documents or teaching material.


There will be no changes or additions to this contract without the written consent and approval or both parties.  Any changes must be made 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. 

6.GUARANTEES
The Employee shall guarantee that all the facts provided by him/her in the Employee's resume, diplomas, transcripts, certificates or any other documents are true and correct.

7.INDEMNIFICATION CLAUSE
The Employee shall be responsible for any damages caused by misconduct or negligence.

8.GOVERNING LANGUAGE & COURT OF LAW
This agreement will be interpreted according to the domestic laws of the Republic of Korea.
The undersigned agrees to observe the terms stated above. In case the above terms are violated, the contract may be dissolved.

This contract is signed in duplicate in English for each party's perusal and keeping.
« Last Edit: March 27, 2018, 02:33:02 pm by hesperiina »


Re: Help me see if I missed anything in this contract
« Reply #1 on: March 27, 2018, 02:28:07 pm »
Thank you so much! I contacted the school about the hours and they still haven't specified how many hours a week/month I would work but they said this:
Each class is 30-40 minutes in length and will cover of all duties mentioned in section 3.1 above.
The Employee will work from Monday to Friday, from 9:20 am to 6:20 pm. The total working hours
per day will be 8 hours (except lunch time -11:50am- 12:50pm). (9:50am -11:50am – 4 classes
/12:50pm-2:20pm – 3 classes / 2:50pm-3:20pm – 1 class / 4:30pm-6:00pm – 2 classes)

I also noticed the 3.3% income tax, but don't know who to talk to them about it. Any suggestions?