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Bad Contract
« on: May 24, 2019, 04:24:36 pm »
This contract is created to validate the mutual agreement between Party A and Party B. Both parties A and B shall respect the customary affairs of the company; whereas, Party B shall not only provide educational experiences, knowledge, and teaching materials but actively cooperate for development and enhancement of the educational programs offered by Party A for its prosperity. The terms and conditions of this contract, herein, are provided below.

Article 1 [Objective of Contract]
The objective of this contract is to indicate the revenues occurring in Party B's class engagement offered by Party A and to distribute based on the rules and the regulations which are in concurrence with both Party A and Party B.

Article 2 [The Role and Position of the Contract]
Party A and Party B are independent and principal parties; Party A shall provide Party B with lecture opportunities, the brand awareness, and the place of lecture and additional facilities. Party A, however, shall hold no control or supervision over Party B.
When Party B rents Party A’s textbooks, Party B is required to deposit 70% of the total borrowed value by withdrawing it from Party B’s pay check. It will be refunded to Party B’s bank account on the pay day of the month Party B returns the books. If the borrowed books are damaged or lost, a fine will be deducted from the deposit.

Article 3 [The Period of Contract and its Renewal]
Clause 1: The period of contract is from    .
Clause 2: In the case of the expiration of the contract period indicated in Clause 1, the contract may be renewed based on evaluation and assessment of Party B's performance, and the terms and conditions shall be renegotiated.

Article 4 [Class Engagement Commission]
Clause 1: (Definition of Commission fees) The monetary sum, distributed to Party B by Party A.
Clause 2: (Pay period of Party B) The pay period shall be applied by Party B's class engagement from the first to the last day of each month.
Clause 3: (Commission fees) The occurring commission fee(s) shall be computed hourly; however, the additional transportation expenses could be supplied based on the commuting distance.
Clause 4: (Commission briefing) The commission fees and other payments are based on the amount specified in the Consulting Service Agreement form. In accordance with Clause 3, the commission fees shall be calculated on an hourly basis.
Clause 5: (Day of remittance) According to the calculation indicated in Clause 2, 3, and 4, Party A shall transfer the summed amount to Party B's bank account on the second Friday of each month.
Clause 6: (Application of commission fee raise) In case of renewal or raise of commission fee, the raise will be applied on the first day of the next month from the agreement of the raise.

Article 5 [Income Tax for Person(s) carrying on a liberal profession]
Employee shall be paid the total amount of    45,000   Korea won (KRW) per hour.
Subject to the provisions of Article 127 of the Income Tax Law, Party A shall deliver the payment to Party B after deducting 3.3% (residence tax included) of the total amount; Party A shall file income tax with the Tax Revenue Services.

Article 6 [Party B's Obligations and Commitments]
Clause 1: Party B shall conduct each lecture with a dedicated attitude as a teaching professional to ensure students' learning rights and their high success rates.
Clause 2: During his/her engagement in class, Party B shall carry-out the following responsibilities and cooperate faithfully with the employees, Party A: 1) Engrave in mind that the lectures are intended for students, Party A 2) Perform evaluations, consultations, exams, and other additional tasks mandated for teaching 3) Conduct programs/accommodations agreed, managed, and operated by Party A.
Clause 3: While performing his/her duties, Party B shall not violate the relevant regulations and terms nor damage Party A's reputation and property.
Clause 4: If Party B wishes to terminate the contract, two-week notice will be given to Party A to maintain the rate of student enrollment, promote their learning rights, and prepare for the comprehensive measures. Party B shall transfer all necessary duties and responsibilities to Party A or the successor designated by Party A.
Clause 5: Party B shall not establish direct partnerships with the clients offered by Party A within a year after the contract termination. If Party B violates this term, cancellation fees shall be charged in accordance with Clause 3 of Article 7.
Clause 6: Party B shall not cancel the class with any reason on the very day during the period of a contract. If party B needs to cancel the class, cancellation notice must be reported to Education Manager immediately. According to Article 3, when renewing the contract, Party B shall not raise any objection to disadvantages to raising an hourly wage.  Provided that party B has irresistible reasons presenting adequate and reasonable evidence, the penalty would not be imposed.

Article 7 [Breach or and/or Cancellation of Contract]
Clause 1: (Principles of Good Faith) Party A and Party B shall abide by all terms and conditions stated in each clause/article and if violated, the contract shall be terminated with the aforementioned cancellation fees .
Clause 2: (Reasons for Contract Termination) In the occurrence of the following cases, the contract can be instantaneously terminated:
   ① If Party B tarnishes the reputation of Party A, its employees, and/or the fellow teachers; verbally, physically, and materially abuses current and future students
   ② If Party B accepts bribes from students and/or companies
   ③ If Party B receives any compensations apart from the commission fee and provides private lessons for the enrolled students
   ④ If Party B makes profits, using company's name without Party A's consent
   ⑤ If indicted for a crime for government ordinance violations
   ⑥ If Party A's learning programs and other confidential information are discharged, and the company suffers significant damage
   ⑦ For three or more days of absence without any notice
   ⑧ If the terms and regulations in the contract are neglected and other Party is negatively inflicted
   ⑨ If Party B wishes the contract termination due to personal, unavoidable reasons (physical, mental handicaps included)
   ⑩ If Party A delays in remitting the commission fee to Party B or fails to keep in accordance with Article 2 causing inconvenience for Party B's line of duties.
   ⑪ If the class is cancelled and/or students requests for the class dismissal/termination from Party B

Clause 3: (Damages) Should Party“B” quit or unilaterally decide to cease to fulfill his/her teaching obligations within six months after the start of a class Engagement without prior consultation with Party"A”, Party“B” shall be liable to Part“A” for any and all damages, monetary or otherwise, incurred by Party“A” as a result of Party“B" s actions and will pay back to Party"A" the total amount of compensation which Party"B” has received for such class Engagment since the start of the class Engagement.

Article 8 [Privacy Issues]
Irrespective of contract periods and its availability, Party B shall not discharge, provide, and share Party A's trade secret to any third person(s) or an employ nor use company materials for personal benefits.

Article 9 [Other]
Other relevant matters yet covered in this contract shall be abided by the general business commercial practice and agreements between Party A and Party B.

I've seen a lot of questionable contracts, but I've never been expected to rent books from my employer.  Also never seen a clause requiring me to pay all the wages if I quit before six months. Not to mention they changed the pay rate from what was discussed on in the "interview".
« Last Edit: May 24, 2019, 04:49:50 pm by Pattinsons »

Re: Bad Contract
« Reply #1 on: May 24, 2019, 06:28:12 pm »
Article 2 is a setup to avoid calling party B an employee thereby not having to pay healthcare, pension or severance. Some dope is going to sign this and not realize how shit it is until too late.