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One more contract review please
« on: May 03, 2018, 03:58:32 pm »
I am seriously considering this one, please advise. Pension is not mentioned as south africans do not have to pay into the pension. The KB healthcare part i am also unsure about. Also the 2 months termination notice seems a lot.

Employer and Employee agree as follows :

Employee accepts employment from employer to teach the English
language under the terms and conditions set forth here in this agreement

for a period of full and consecutive teaching sessions(a session does not

exceed one month). Employment commences from the first day of

orientation(................... .........) and finishes on the last teaching day of

employee's twelfth teaching session.

Duties
2.1 During the term of this agreement, the employee will be required to

prepare for teaching, and carry out all required administrative duties

connected with classes assigned  by the employer in Monday through

Friday. The minimum teaching requirement are 110 teaching hours per

month(1 hour is 60 minutes).

2.2 Total teaching hours in excess of minimum requirement is calculated

each session as overtime payment.

2.3 Payment made for assigned teaching hours is inclusive of payment for

preparation and administrative duties connected with those assigned

classes. Employee agrees to take orientation and training, attend meetings

and workshops scheduled by employer with no extra pay.

2.4 At all times during the term of this agreement, employee will directly

adhere to and obey all the rules and regulations that have been, or may

hereafter be established, by employer for the conduct of employee and

generally for the conduct of instructors at the place of employment.

Conditional on the employee reading and agreeing to the rules and

regulations.

2.5 Employee is required to teach at two separate schools owned and

operated by the employer.

3 Compensation and Other Treatment of Employee

3.1 Salary : Employer will pay employee monthly salary of 2,100,000 Won.

Overtime payment is made at rate of 21,000 Won/actual teaching hour.

Teaching salary will commence from the first day of teaching. When an

employee is absent from scheduled teaching duties salary will be deducted

accordingly. 3.3 % Korean income taxes will be withheld. Salary payment

will be made on the twelfth day of the following month the teaching

session during which the employment services were provided.

3.2 Orientation and Training : Shortly after arrival in Korea, employee will

be required to undertake orientation and training before commencing

teaching.

3.3 Severance Payment: Dependent upon completion of the full contract

period, the employee will be given an additional 2,100,000won. Korean

severance tax will be withheld. In the event that the employee does not

renew or extend employment under a subsequent employment agreement

with employer, this payment will be made at the time of completion of the

contract period.

3.4 Transportation : Employer will  purchase an economy class ticket for

passage to Korea at an international airport mutually agreed by employer

and employee (henceforth referred to as point of departure). On

completion of the full contract period, employer will provide for the

employee a ticket for passage from Korea to point of departure.

3.5 Holidays and Vacation : Employee will be entitled to observe public

holidays and  ten days vacation during the contract term according to a

yearly schedule provided by employer before the commencement of the

year to which the schedule refers. Employer will set the dates for vacation

3.6 Medical Insurance : Employee will be covered by medical benefits

under KB Medical Insurance, a private Health Organization. 50% of this

coverage will be paid by employer. Employee has to pay the other half of

the cost.

3.7 Accident Compensation : In the event that employee sustains injuries

from an accident or mishap which occurs outside the course of normal

work duties; employee understands and agrees that employer will have no

responsibility for, nor obligation to pay, medical and hospital costs which

are in excess of those covered by medical insurance.

3.8 There are two sick days.

Dismissal or Voluntary Resignation
4.1 Employer will have the right to dismiss employee for unwillingness or

inability to meet conditions of employment as set out under this

agreement, for conduct seriously jeopardizing any student or staff person,

or for criminal activity.

4.2  In the event that the employee is dismissed, or in the event that the

employee voluntarily resigns to the termination of the term of this

agreement, employer will pay salary due to date of termination and

employee agrees to give minimum of two months  notice in writing.

Employer will not pay the cost return transportation to point of departure

for employee. Further, employer will be entitled to withhold an amount less

than or equivalent to, but not exceeding, the cost of return air fare for

travel to Korea.

4.3 Emergency Leave : Employee will be eligible to receive up to seven

days(including Saturdays and Sundays) of emergency leave granted at the

sole discretion of employer.

Covenants
5.1 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.

5.2 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 employee's employment, and for which the

employee is compensated as either regular pay, as overtime, or in an

agreed upon lump sum, remain the sole property of employer.

Jurisdiction : This agreement will be interpreted according to the
internal(domestic) law 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.

Housing
7.1 Employer shall provide a rent-free accommodation for employee.

Furnishings provided by employer by employee include: A kitchen table

and chairs, a burner gas, hotplate, a refrigerator, a television, and a

washing machine. Furnishings provided to employee included a bed, a

wardrobe, and a fan. Employee will have to supply his or her own pillow,

pillowcase and sheets. Employee will have to pay for utilities such as

internet, electricity and gas for heating.

7.2 Employee is responsible for all damage employee causes to

accommodation, utility and telephone charges for accommodation

provided by employer.

7.3 Employee agrees to a total deduction of 600,000 Won over the period

of 1st 3 months of employment as housing management deposit. This

deposit is to cover any unpaid monthly service, utility and telephone

charge at the completion of this contract and/or resignation or dismissal of

the employee before the termination of this contract. Employer agrees that

payment of remaining amount of the deposit will be made to employee

within ten days after all outstanding monthly service, utility, and telephone

charges have been paid.

Employer and employee have executed this agreement on the date

indicated below. Intending to be legally bound to, and in witness of,

employer and employee have appended their signatures