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EMPLOYMENT AGREEMENT
(I have removed identifying details and used an assumed name for the school)
Is the contract legal or fair? Is there anything



This EMPLOYMENT AGREEMENT is made between Munchkin Education having its office at # 1 Suwon-si, Gyeonggi-do, Republic of Korea (hereinafter referred to as “employer”) and Joe Bloggs, citizen of United Kingdom of Great Brighten and Northern Ireland whose address is (                        )  (hereinafter referred to as “employee”) whereas both parties agree to honor the terms and conditions set forth in this agreement.


1. Employment Period

1.1 Employment commences from 01.06.2019 to 31.05.2020

1.2 This employment period may be extended upon mutual agreement between the employer and the employee. This agreement may be terminated by giving not less than 60 days written and verbal notice by both parties.


2. Working Hours and Break Period

2.1 The working hours for the employee are from 12:00 to 21:00 Monday through Friday. (Break Period Included, 12:30 ~ 13:30)

2.2 The employee’s working hours and break period may change due to the employer’s administrative situation when agreed by both parties.

2.3 Teaching hours will not exceed 25 hours per week. The rest working hours shall be used for coaching children in the library, preparing lessons, and others.


3. Employment Location

3.1 Employment Location: ( #1 Suwon-si, Gyeonggi-do, Republic of Korea )

4. Duties

4.1 Employee is required to prepare, teach, and carry out all required administrative duties connected with classes assigned by the employer. Employee is required to work on all teaching days, including teacher’s preparation days, Educator’s Day, New Comer’s Orientation Day, and any other special events days which will be notified in advance.

4.2 Employee is strictly forbidden from doing the following:
(A) Receiving or keeping cash, gifts and/or gift certificates from the school parents or students for any purposes.
(B) Accepting gifts by any group of school parents or students.
(C) Private tutoring of any students who are currently attending the employer’s school, its graduates or any immediate family members and/or relatives of affiliated students.

4.3 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 or generally for the conduct of instructor at the place of employment.

4.4 Employee is responsible for returning all teaching materials (including textbooks, CDs, resources, equipments, etc.)


5. Salary and Payment Schedule

5.1 The yearly salary for the employee’s total labor will be               won.
Categories   Monthly Salary   Yearly Salary
(Severance Pay Not Included)
   Base Pay   Allowance (Meals)   
Amount     2,200,000 won   100,000 won       27,600,000 won

5.2 The yearly salary includes the base pay (weekly non-working day stipend, stipend for the post) and an allowance for meals and these will not be paid separately.

5.3 Total teaching hours in excess of the working hours is calculated each session as overtime. Special Events do not count as overtime.

5.4 The yearly salary will be divided into 12 payments of 2,300,000 won which is calculated from the first day of the month to the last day of the month. Salary payments will be made on the fifth day of the month.

5.5 Deduction in accordance with Korean income tax and National Pension Plan and/or any agreement between the parties will be withheld from monthly salary payments.

5.6 Employee will be eligible to receive a severance payment in accordance with the Employment Benefits Security Act in the amount of 2,300,000 won. The severance payment will be separate from the yearly salary and it will be subject to Korean tax regulations.

5.7 Payment made for assigned teaching hours is inclusive of payment for preparation and administrative duties connected with those assigned classes. Employee agrees to attend meetings and workshops scheduled by employer without extra pay.


6. Miscellaneous

6.1 Transportation: Employer will provide for employee an economy class ticket for passage to Korea from an international airport mutually agreed to by employer and employee (henceforth referred to as point of departure). For employees who are in Korea at the time of employment, a plane ticket to Korea will not be provided. Employer shall not be responsible for providing employee with the return air ticket.

6.2 Airfare Tax: The cost of the arrival ticket shall be listed as part of the first month’s income and taxed accordingly as per Korean tax laws. The employer is paying for the cost of the air ticket while the employee is paying the taxes on the cost of the air ticket.

6.3 Visa: After signing the contract, employee is required to submit documents necessary for obtaining a working visa to Korea by May 20th, 2019. If employee fails to submit the necessary documents for obtaining a visa in due time and he/she fails to obtain a Korean working visa prior to arrival in Korea, then employee will not be reimbursed for the trip he/she has to make to Japan in order to obtain the visa. However, if employer pre-approves the trip to Japan for visa obtainment due to insufficient time between the contract signing and the visa application, then the transportation fare, including a round-trip airfare to Japan from Korea and other transportation fares incurred while in Japan will be reimbursed by employer. Employee must bring all corresponding receipts for the reimbursement of the visa application, accommodation fee, and any other expenses occurred while on the visa trip to Japan.

6.4 National Pension Tax: Under current Korean tax regulations/tax treaty with the respective countries full time contracted employees holding passports from the United States, Canada and other qualified nations shall receive the accumulated pension tax payment made each month over the course of employment with employer plus the equivalent co-payment made by employer directly from the Korean National Pension Tax Office (http://www.nps.or.kr/). Employee(s) who do not qualify for the refund should inquire with their countries tax office regarding the tax treaty by laws with Korea and means of receiving reimbursement or credit for paying into the Korean pension tax fund.


6.5 Medical Insurance: Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The cost of this coverage will be borne half by employer and half by employee. Employee’s share of this coverage will be deducted monthly from employee's salary.

6.6 Accidental 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.


7. Holidays and Vacation:

7.1 Weekly non-working days (such as all Sundays) are paid vacation days.

7.2 Employee will be entitled to observe public holidays and receive vacation days during the contract term according to a yearly schedule provided by employer before the commencement of the year to which the schedule refers. There are six (6) vacation days in each school year (March-February) and employee agrees to use the vacations days during the period. Vacation days can be postponed to the following year if there are not enough days possible. If employer cannot provide six vacation days during the contract term, employee can take the vacation days of employee’s choice when agreed with employer. If employer cannot provide six vacation days during the contract term, employer shall provide 100,000won for each unused vacation day.

7.3 Emergency Leave: Employee will be eligible to receive up to three (3) days of paid emergency leave in the event of death or serious illness in employee's immediate family. Such emergency leave will be granted at the sole discretion of employer. The term immediate family that is listed in this article refers to the employee’s mother, father, brother and sister. The illness or the death of an immediate family member must be verified by a formal document obtained by the hospital. Such documentation is required as part of company policy. If employee fails to submit a formal document, the unattended days will be treated as unpaid days.

7.4 Unpaid Vacation: After completing a one-year contract and successfully signing the next year’s contract, the employee will receive 10 consecutive days of unpaid vacation. The total unpaid vacation period, including public holidays and weekends, will not exceed 14 consecutive days in a row in any case. The employee agrees to use all the unpaid vacation days at one time, and before the last month of the contract. The actual vacation days can be used at the discretion of the employee, with prior approval from the employer. The employee will be responsible for the housing cost incurred during the unpaid vacation. In the case that the employee receives a housing allowance, this allowance will not be provided for the unpaid vacation period.


8. Housing


8.1 Employee is able to choose either Housing (Article 8.2) or Housing Allowance (Article 8.3) before the commencement of the contract period. This decision cannot be changed during the contract period.

8.2 Housing: Employer will select and provide a semi-furnished single housing for employee. Furnishings provided by employer for common use by employee include: A kitchen table and chairs, a two-burner gas hotplate, a toaster, a refrigerator, a television, a washing machine, a bed, a wardrobe, a fan or an air conditioner, a pillow, a pillowcase and bed sheets. Employee(s) is responsible for all maintenance (including any special maintenance fee charged for one-room apartments) and utility charges, as incurred by employee, for accommodation provided by employer.  In the case that, and for as long as, employee is a sole occupant of accommodation provided by employer designated as a double occupancy accommodation, employer will cover half of the monthly maintenance charges. When employee moves in, the housing will be inspected, and any prior damage will be noted. Before the employee moves out, there will be an inspection of the housing facility. All damages that were not noted at the beginning of the occupancy period will be the employee’s responsibility and will be taken from the 600,000 Won Security deposit.

8.3 Housing Allowance: A monthly housing allowance for employee will be in the amount of 400,000 won (Income tax will be applied to the allowance). Payment will be made on the salary day of each month and will be taxed in accordance with Korean tax laws. Employer shall not be responsible for rent, maintenance fees, utility fees or any other charges for accommodation at any time.

9. Dismissal or Voluntary Resignation

9.1 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. If the employee is accused or under the investigation with suspicion related to drug or criminal sex offense or if the employee has been ever prosecuted or sentenced related to drug or criminal sex offense, this agreement will be terminated immediately. Upon receiving two warning letters from the academic supervisor for dereliction of duties or misconduct the employer will have the right to terminate employment. The academic supervisor will review and evaluate the situation prior to issuing the warning letter.

9.2 In the event that the employee is dismissed, the employer will pay salary and pension due to the last day that the employee has fulfilled their duties and responsibilities. Employer will not pay the cost of return transportation to the 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 airfare provided for travel to Korea. In the event that the employee was recruited in South Korea and it was necessary for the employee to leave South Korea and return to obtain a visa, employer will be entitled to withhold from the final salary payment the cost of the round trip together with any other expenses incurred by the employer in connection therewith.

9.3 In the event that the employee voluntarily resigns prior to the expiration of the term of this agreement, the employee should express this intention to the employer with a written notice 60 days before the employee's final working day. The employee will only be paid salary and pension due to the last day that the employee has fulfilled their duties and responsibilities. Employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of airfare provided for travel to Korea. In the event that the employee was recruited in South Korea and it was necessary for the employee to leave South Korea to obtain a visa, employer will be entitled to withhold from the final salary payment the cost of the round trip together with any other expenses incurred by the employer in connection therewith. Should the employee fail to fulfill the obligation for the 60 days notice, the employee will be liable to employer for all responsible costs incurred by employer to secure dismissed employee's replacement.

10. Covenants

10.1 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.

10.2 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.

10.3 Employee hereby agrees to this EMPLOYMENT AGREEMENT. This is a CONFIDENTIAL agreement and the employee will not disclose any information set forth in the agreement and will not seek information about other employees’ agreements.

10.4 Two copies of this agreement will be made in order to certify the employment agreement and both employer and employee will keep one copy each.


11. Jurisdiction

11.1 This agreement will be interpreted according to the internal (domestic) laws 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. 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.



      Employer /                          Employee / Joe Bloggs
 

______________________________         ______________________________
Signature                     Signature

      ___________________            ___________________
Date                      Date
 
Confidentiality Agreement



The purpose of this agreement is to protect the confidentiality and copyrights of the employer.


1.   The employee acknowledges that the employee has, and may in the future, come into the possession of certain confidential information belonging to the employer including but not limited to curriculum material, worksheets, lesson plans, customer lists, schedules, methods, processes or marketing plans. 

2.   Any educational material created by employee according to the instruction of the employer will be regarded as a part of employee’s duties and the copyright of these materials shall belong to the employer.

3.   The employee hereby covenants and agrees that he or she will at no time, during or after the term of employment, disclose or infringe any such confidential and copyrights.

4.   Upon termination of employment, the employee will return to the employer, retaining no copies, all documents relating to the employer’s business including, but not limited to, worksheets, lesson plans, customer lists, and all other materials and all copies of such materials, obtained by the employee during employment.

5.   Violation of this agreement by the employee will entitle the employer to an injunction to prevent such disclosure or infringement, and will entitle the employer to other legal remedies.


I have read this agreement, understand it, and agree to its terms.


 

      Employer /                 Employee

______________________________         ______________________________
Signature                     Signature

      ___________________            ___________________
Date                      Date




  • Savant
  • Hero of Waygookistan

    • 1917

    • April 07, 2012, 11:35:31 pm
Re: Is This Contract Fair or Legal? It's Different From The Ad
« Reply #1 on: May 04, 2019, 08:28:41 pm »
You may or may not get to use a lowly 6 vacation days. Yeah, pass!


  • JNM
  • The Legend

    • 3908

    • January 19, 2015, 10:16:48 am
    • Seoul, South Korea
Re: Is This Contract Fair or Legal? It's Different From The Ad
« Reply #2 on: May 04, 2019, 09:22:44 pm »
You may or may not get to use a lowly 6 vacation days. Yeah, pass!

Yeah. I’d see if they can bump up the missed vacation payment to encourage them to let you take it.



  • thunderlips
  • Hero of Waygookistan

    • 1422

    • June 07, 2012, 10:01:55 am
    • South Korea
Re: Is This Contract Fair or Legal? It's Different From The Ad
« Reply #3 on: May 05, 2019, 12:37:33 am »
You may be responsible for paying back your airfare and any fees to find a replacement if you quit. Illegal. Don’t take this.

Also you start at 12 and get an hour break 12:30-1:30- just weird.


Re: Is This Contract Fair or Legal? It's Different From The Ad
« Reply #4 on: May 05, 2019, 01:45:40 am »
  Yeah, I have some questions about it. For some reason the contract wouldn't display properly in my computer so I went to the library. I noticed that the holidays are less than stated in the advertisement and the working day is longer. I will try to renegotiate. Also the interviewer seemed negative.


  • NorthStar
  • Super Waygook

    • 260

    • July 05, 2017, 10:54:06 am
    • Seoul
Re: Is This Contract Fair or Legal? It's Different From The Ad
« Reply #5 on: May 05, 2019, 08:06:44 am »
..put it back in the rubbish bin and walk away.


  • SanderB
  • Super Waygook

    • 421

    • June 02, 2018, 06:25:54 pm
    • Gouda cheese Be Best cheese
Re: Is This Contract Fair or Legal? It's Different From The Ad
« Reply #6 on: May 06, 2019, 05:19:46 am »
Is it the school we've been talking about before?
Fiat voluntas tua- All that you want is allowed


Re: Is This Contract Fair or Legal? It's Different From The Ad
« Reply #7 on: May 07, 2019, 06:16:35 am »
   It's a different school.