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Contract Review Requested
« on: February 28, 2020, 07:07:03 pm »
Hey guys,

This is my first time working for a Hagwon (but not my first time teaching in Korea).

 I was hoping you could look over the following contract and tell me if it is on the up and up. I've received 3 or 4 offers so far, but this is the one I am most interested in due to its location. It seems fine to me, although the list of duties does seem a little onerous and all-encompassing. Also, I'm not sure I like the sentence, " The above schedule may be changed according to the institute’s schedule." Or this sentence as well, "The employee has the duty to work till the new substitute teacher starts as the employee’s replacement." I think it is also missing the usual discussion of bonuses (i.e. flight repayment, contract completion bonus, pension, etc.)

Please look it over and let me know what you think.

Thanks!!

P.S. Any tips or advice would be greatly appreciated. Thanks for the expertise!



Teacher’s Letter of Agreement
Terms and Conditions of Employment Agreement for Full-Time Instructors

This Employment Agreement is effective by and between (hereinafter referred to as “Employer”) and                a citizen of _______________ whose permanent address is ___________________ ___________________ _________ (hereinafter referred to as “Employee”).

The Employee has been selected and approved by the Employer to work at the Employer and the Employee, in consideration of the mutual promises and covenants contained herein, agree as follows:

This agreement will commence and end

The place of employment is
.
EMPLOYEE OBLIGATIONS

1.  Supervision and Responsibilities
▪ The Employee should work closely with Academic Supervisor and other colleagues in the planning, observation, and review of instruction.
▪ The Employee will contribute to the cumulative experience, wisdom, and resources of the English education center in developing, implementing, and evaluating a comprehensive program for teaching English to students.
▪ The Employee should develop creative instructional program, teach oral and written English, support the philosophy and goals of the school, seek help from the support staff, peers, and administration.
▪ The Employee will have regular teaching evaluations conducted by the Academic Supervisor or other designated administrators. These evaluations will be used to assist the Employee in improving his/her teaching.

2.  Behavior
▪ The Employee should respect the rules and standards of conduct of the Employer (written, verbal and tacit) and obey the laws, regulations, instructions, and ordinances of the national and local governments.
▪ The Employee must dress in a professional manner appropriate for teaching.
▪ Teaching outside of the English education center shall not be permitted, unless the teaching institute is run by, in accordance with Korean Law. Non-compliance may result in discipline including fines and deportation. In case of teaching within, total teaching hours should be in accordance with “working schedule” in number 4 of this contract.

3.  Duties
▪ Duties include, but are not limited to;
Teaching
Substitute teaching
Checking Student’s attendance.
Supervision of students, especially maintaining an English-speaking environment
Preparation/ production of teaching materials
Curriculum design and implementation
Attendance at teachers’ meetings and workshops
Writing student evaluations and preparing evaluation reports
Handing in lesson plans and homework sheets
Meeting parents for Parent Meetings
Grading and correcting students’ tests, homework, journals, essays
Attendance at some special events (Graduation ceremony, camp, sports day, etc)

4. Work Schedule
▪ The teaching hours are 25 hours per week (100 hours per month).
▪ The work days are Monday-Friday.
▪ The normal working hour is from 10am till 7pm. However, the Employee may work longer than the usual working hours, for seasonal and promotional programs during the summer and winter vacation sessions.
▪ The above schedule may be changed according to the institute’s schedule.

5. Performance Evaluations
▪ The Employee is evaluated in writing or verbally by his or her supervisor. The Employer has the right to determine if an evaluation or re-training is needed. The evaluation will include a review of the Employee’s job qualifications and performance, the quality of his or her work, knowledge of his or her job, job skills, relations with co-workers, students and parents, initiative, attendance, punctuality, and/or disciplinary records. 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.

6. Overtime
▪ Overtime teaching – beyond 100 hours per month – is paid at the rate of 20,000 per hour. The assignment of overtime above the regular 80 hours of classes is at the whole discretion of the Employer. In case of substitute teaching, the Employee will receive a substitute teaching fee of 20,000 won an hour, only if the substitute teaching class hours exceeds the Employee’s contractual class hours.

7.  Confidentiality
▪ The Employee hereby agrees, covenants and undertakes that he/she will not disclose any information relating to the Employee’s employment conditions to others, any teaching materials, or any information relating to the academic program, whether verbally or in written, to individuals or corporate entities.
▪ All teaching materials including any books given to the Employee by the Employer and reference materials prepared for the classes by the Employee should be returned after using and the Employee must not take out or use these materials for other purpose but teaching in

EMPLOYEE BENEFITS

8.  Monthly Salary
▪ The Employer will pay the Employee a total monthly basic salary \2,300,000 on the 20th of the following month. The monthly salary is based on the monthly teaching session. Korean income tax, National Pension and Medical Insurance will be withheld from the monthly salary. The employer may support up to \400,000 as monthly housing allowance.

9.  Health Insurance/Pension
▪ The Employee will be covered by Korean National Health Insurance and National Pension. According to the government guideline for Employee’s, the monthly insurance and pension charge will be shared 50:50 by the Employer and the Employee. Coverage will be from the date of joining to Korean Medical Insurance Union and National Pension Service, commencing approximately 3 to 4 weeks after the Employee's arrival of Korea due to requirements of the immigration and taxation departments.

10.  Paid Sick Leave and Emergency Leave
▪ Documented sick leave and emergency leave will be paid for 3 days per a year. The Employee should provide the Employer with as much advance notice as possible. An Employee who becomes ill or when an emergency arises should contact his/her immediate supervisor to inform and to schedule a substitute, if needed. If Sick Leave is taken, a medical certificate is required.
▪ Emergency Leave may include serious illness of an immediate member of the family (child, spouse, parent), life-threatening situations of members of the immediate family, and emergencies affecting the performance of the Employee. Advance permission must be obtained from the Employer before Emergency Leave can be granted.
▪ Any Employee who takes Emergency Leave without permission for any extended time may have his/her contracted terminated.
▪ If it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purposes, his/her contracted may terminated. The above leaves will be included in the period of medical care compensation according to the Article 78 of Korean Labor Standard Law.

11.  Training
▪ The Employee shall have a period of training before starting to teach in English Education Center. During the training period the teacher will get acquainted with the curriculum and policies of their institute. During this period the Teacher shall receive 40,000won per day. The full monthly salary will commence when the Teachers begins his/her won class schedule.

12.  Vacation
▪ The teacher can have 9 days of paid days off in addition to all Korean national holidays. The above vacation will be included monthly paid leave and annual paid leave according to Article 47 and 48 of Korean Labor Standard Law.

13.  Performance and Renewal of Contract
▪ The English education center Director has the authority to dismiss an employee for insubordination, professional ineptitude, gross misconduct or participation in any activities that may jeopardize the Employer’s position in Korea or for other justifiable reasons.
▪ If an employee’s job performance is unsatisfactory during the first one-year contract, the director has the authority to waive any additional contracts.

14.  Completion/Termination and/or Breach of Contract
▪ The Employer reserves the right to terminate this agreement for cause with written notification 30 days in advance. The Employee agrees to give written notification 30 days in advance of intention to terminate this agreement or of interest in renewing the contract.
▪ The Institution has the right to terminate the Employment for the following terms

Terms of Termination:
The Employee fails to perform or unsatisfactorily performs any one of the duties stipulated in this agreement.
The Employee fails to perform duties for more than two consecutive days without any excuse.
The determination that the Employee is prevented from or incapable of performing his/her duties for a medical reason, whether it is a physical or psychological ailment. (If requested by the Employer, the Employee must be immediately available for a medical examination.)
Receiving two warning letters.
Criminal behavior or misconduct.
Working or Teaching outside of the English Education Center
Breaches of Article 7 “Confidentiality”
Defamation of Employer by falsehood

▪ The Employer and the Employee may terminate this employment with a written 30-days notice. Anything less than 30 days will be considered a breach of employment by the Employer or the Employee unless the employment is terminated for a cause.
In the event of early termination, the final payment will be given 30 days after the last day of employment.
The employee has the duty to work till the new substitute teacher starts as the employee’s replacement.
▪ The effective date of this contract is the first teaching day in the English Education Center. The total period of this agreement is approximately one year, commencing from the first day of the session and finishing on the last teaching day of the Employee's 12th teaching session. A delay in the Employee's arrival at the English Education Center, may call for a re-negotiation of the contract period.
▪ According to the Korean Government Visa regulations the Employee will be required to pass a Health Check as part of the visa process. The Employer will cover the cost of the Health Check.
▪ The Employee will be responsible for the costs of obtaining the visa and Alien Registration Card.

16.  Governing Law & Venues for Dispute
▪ It is the intention of the Parties to this Employment Agreement that this agreement and the performance under this agreement, and all suits and special proceeding under this agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Republic of Korea, without regard to the jurisdiction in which any action or special proceeding may be instituted.
17.  Good Faith
▪ The Employer and the Employee will act in good faith toward each other. The Employer will not dismiss the Employee without what is reasonably considered good cause and the Employee will do his/her utmost to satisfactorily fulfill all the responsibilities and meet all the conditions as described in the above agreement.
18. Full Knowledge
▪ The Employee agrees that he/she has read the entirety of this Agreement and taken independent advice upon it.