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  • Newgookin

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    • January 20, 2017, 08:06:09 am
Opinions on Hagwon Contract
« on: April 25, 2018, 03:47:35 am »
Could definitely use a few eyes over this please and thanks!

Article1: Purpose
The purpose of this agreement is to prescribe the roles, duties, terms, and conditions between the Employer and the Employee while the Employee will teach English

Article 2: Contract Duration and Conditions
The Employee accepts employment from the Employer to teach English under the terms and conditions set forth in this agreement for a period of 12months full and consecutive teaching months.
The employment period is from ( )
1) The Employee’s daily working hours including preparation, class teaching, seasonal and special events etc. total 9 hours. Working hours are between 9am-6pm Monday-Friday (teaching hours are 6 hours a day)
2) The Employee shall work for 30 teaching hours per week as standard contracted hours.
3) The Employee’s “teaching hours” will likely not extend past (30) thirty hours per week. If Employee works more than 30 teaching hours in a week they will be paid overtime for each hour over the contracted 30 hours.
4) For two intensive sessions corresponding with public school vacations, hours will vary to suit the needs of the Employer.
5) The Employee is expected to be devoted to the Employer for lesson planning with co-teachers, student evaluations, reports, supervision of play, and maintenance of the English environment.
6) The Employee is required to prepare classes, and an hour’s preparation is mandatory(Preparation hours are outside of the 30 class hours per week)

Article 3: Responsibilities of the Employee are:
3) to assist with the development of teaching materials and activities related to English language education, and special & seasonal events. .
4) to attend all teachers’ meetings and workshops.
5) to interview new students for level testing & to teach trial classes.
6) to behave in a professional manner during class and when socializing with
students outside of class.
7) to be aware of the cultural background of Korean students and their expectations
of teachers.
8) to perform other duties as designated by the Employer.
9) to work out daily report

Article 4: Performance Evaluations
The Employee will be evaluated verbally or in writing by his or her supervisor. The Employer has the right to determine if a performance appraisal is needed on a monthly basis or more frequently. The evaluation will include: a review of the Employee’s job qualifications and performance, knowledge of his or her job, attitude towards job; working relations (co-workers, students, and parents), initiative, attendance, punctuality, and/or disciplinary record. The review is designed to provide both the Employee and his or her supervisors with time to discuss his or her strengths, weaknesses, career objectives and other concerns. If the result of the Employee’s performance appraisal
 1) to give lessons according to the curriculum of the institute.
 2) to prepare teaching materials for All classes and prepare for school events.
If does not satisfy the expected standard more than twice per six months, the Employer can terminate this contract. At least two weeks termination notice will be given to the Employee in such case. In this case, the Employer has no duty to award severance pay or return airfare to the Employee.

Article 5: The Employee’s SALARY:
1) The employee's total monthly salary shall be 2.2 million won. The employee's annual salary will total 26.4 million won plus severance pay. This salary compensation is in exchange for working an average of 6 hours a day(teaching hours), five days per week. Payment made for assigned classes is inclusive of payment for preparation, training and administrative duties connected with those assigned classes.
2) On completion of the full employment period, an additional month’s regular salary shall be paid as severance pay. If the Employee, however, does not complete the full contract period, none of the severance pay shall be paid according to Korean Labor Standard Law.
3) If the employee works, by mutual agreement of the employee and employer, more than 30 teaching hours per week, overtime compensation will be given at a rate of 15,000 Won/hour.
4) The employee's salary will be paid on the 16th day of each month.
5) When an Employee has not worked a full month, the salary for that month shall be paid on a pro rata daily basis. This only applies when the teacher has not worked on
his/he own volition

Article 6: VACATION
1) Employee will be entitled to observed public holidays and receive vacation days during the employment term according to the yearly schedule provided by the Employer.
2) Paid Vacation: The Employer provides the Employee (10) ten working days of paid vacation in one employment year. Vacation may be scheduled according to school’s vacation schedule during the year and remained vacation days among 10 days vacation may be taken by Employee as long as 1 month prior notice is given, as well as agreement from the employer.
3) Sick Leave: Paid sick leave is only applicable in cases of actual illness. The
Employee must provide a doctor’s certificate or a stamp from a pharmacy upon return to work. Failure to provide a medical certificate may result in denial of sick leave pay, and in some cases the absence may be considered as an unexcused absence for which disciplinary action may be taken. If it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purpose, related costs will be subtracted twice from the following month’s pay. An Employee who becomes ill or has an emergency should contact his or her immediate supervisor to inform and to arrange for a substitute. He or she must provide the Employer with as much advance notice as possible.
The Employee shall be entitled to (2) two day paid sick leave.
4) Emergency Leave: Emergency Leave is only applicable in cases of natural disaster, hospitalization, death of immediate family members, fire, accident, or other emergency situations that have been acknowledged as such by the Employer. Notification of Emergency Leave should be given three(3) hours in advance of the classes the Employee expects to miss.(This might be impossible in certain
situations.)
5) The Employee may take a number of days (inclusive of a National Holiday, Saturday
and Sunday) as set forth below for each of the following:
a).Seven (5 class days) calendar days for the Employee’s marriage
b).Seven (5 class days) calendar days for the death of the Employee’s parent or spouse
c).Seven (5 class days) calendar days for the death of the Employee’s child d).Seven (5 class days) calendar days for the death of the Employee’s brother or sister
6) If the Employee is absent for two or more consecutive classes without proper notification and authorization, he/ she shall be deemed to have voluntarily resigned. However, even if the Employee provides notification of his/ her absence, the Employer has the ultimate right to determine if the reason given justifies the absence.

Article 7: INCOME TAX
1) Approximately 3.3% per month of the Employee's salary shall be deducted by the employer as withholding tax, as provided by Korean law, for income taxes.
2) 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 paid by The Employee. (Will be deducted from the Employee's monthly salary.)
3) The deduction rate for all taxes is subject to change, as provided by Korean law.

Article 8: Medical Insurance / Pension
1) Employee will be enrolled in National Health Insurance Corporation medical plan. Employee and Employer will split the monthly premium.
Official website: http://www.nhic.or.kr/portal/site/eng/

Article 9: Confidentiality
1) The Employee hereby agrees to this covenant and undertakes that he/she will not disclose any information related to the Employee’s employment conditions to others. This includes sharing any teaching materials, or any information related to the academic program, whether verbally or written, with individuals or corporate entities.
2) All teaching materials including any books, textbooks and teaching resources, given to the Employee by the Employer as well as reference materials prepared for classes, by the Employer, should be returned afterwards. The Employee must not take out or use these materials for any purposes but for teaching for the Employer.
3) All materials and information produced during the period of employment are made property of the Employer.
Article 10: Dismissal, Voluntary Resignation and Liquidating Damages 1) The Employer will have the right to dismiss the Employee if or when:
a). The Employee repeatedly fails to perform his/her duties stated under this Agreement including but not limited to frequent absences from the place of Employment/Institute without approval of the Employer.
b). The Employee fails to conduct himself/herself in a professional manner (as described in the Employee’s Conduct and Dress Code section of this Agreement) resulting in damaging the image of the Employer.
c). The Employee places any student or staff person in jeopardy or causes significant material damage to the Employer as a result of his/her negligence or reckless behavior.
d). The Employee commits any criminal act inside or outside the place of employment/Institute. This will result in immediate dismissal with neither warning nor time for remedy being given to the Employee.
e). The Employee has already received three (3) reprimands (warnings) from the Employer of dissatisfaction with the Employee’s performance, and the Employee has not rectified the situation.
2) If the Employee wishes to voluntarily resign from employment before the completion of this contract the employee must provide written notice to the Employer at least 6 weeks before the resignation
3) For a dismissal or voluntary resignation within 12 months of this contract period, the amount of all airfares (including Japan trip cost in case the Employee came to Korea by tourist visa) will be deducted from the Employee’s last monthly salary.
4) In any case of dismissal or voluntary resignation, the Employer will not provide a return ticket and will not grant severance pay.
5) In addition, if the Employee voluntarily terminates this contract before twelve (12) months of employment, he/she will have to reimburse to the Employer the initial airfare and other expenses that the Employer has incurred in the process of hiring the Employee, such as, housing utilities deposit, agency recruiter commission and other expenses (if applicable).

Article 11: ADDITIONAL DUTIES:
1) The Employee is required to conduct him/herself in a professional manner and to
wear a business casual.
2) The following forms of behavior will not be permitted.
a) Not following scheduled class timetables and dismissing, canceling, or starting classes late without the prior approval of the institute director.
b) Conducting class while under the influence of alcohol, while smoking, or under the influence of illegal drugs.
c) Making sexual advances towards, or entering into relationships with students of the School.
3) The institute shall have the right to terminate this contract if the Employee violates the contract or fails to conduct him/herself in a professional manner. At least two weeks termination notice will be given to the Employee in such case. In this case, the institute has no duty to give the severance pay or return airfare to the Employee.
4) The Employee, after signing the agreement and receiving a work visa, can only legally work for an Employer designated by the Employer. If the Employee works for any other Employer, companies, or individuals without the written consent of the Employer and the Korean Immigration Office, the Employee shall face legal consequences which may include a fine and possible deportation.

Article 12: Training, Teachers’ seminar, Prep-Day, Meeting, etc. There is some un-paid working days shown below.
School Big Event on Saturday or Sunday (twice or three times a year) Concert (December. or January)
Orientation (February)
Additional special event

Article 13: Sole and Entire Agreement
This Agreement is the sole, complete, and entire employment agreement and understanding between the Employer and the Employee concerning the Employment; the terms and conditions of the Employment; the duration of the Employment, the termination of the Employment and the compensation and benefits to be paid and provided by the Employer to the Employee pursuant to the Employment. This Agreement supersedes any and all prior employments, agreements, correspondence, letters of intent, understandings, and/or negotiations, whether oral or written, concerning the Employment; the terms and conditions of the Employment; the duration of the Employment; the termination of the Employment and/or the compensation and benefits to be paid by the Employer to the Employee pursuant to the Employment.

Article 14: Housing
Article 15: Transportation
One way airfare to the Employee’s home country will be paid by the school, on completion of the full contract period. (If the Employee’s fail to complete the one year contract, the Employee’s have to pay 50% of the airfare to school)
 The Employer will select and provide single semi-furnished living accommodation for
 the employee or provide the Employee with a 400,000won/month housing allowance.

Article 16: Applicable Law and Venue
This agreement and each and every provision hereof shall be interpreted pursuant to the laws of the Republic of Korea regardless of any conflicts of law principles, and the venue in which a claim, action or lawsuit may be brought shall be exclusively the Republic of Korea.
IN WITNESS WHEREOF the Employer and the Employee have each duly executed this Agreement on the dates set forth below their respective signatures.


Re: Opinions on Hagwon Contract
« Reply #1 on: April 25, 2018, 11:50:09 am »
15,000 an hour overtime is pants