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  • amora009
  • Newgookin

    • 2

    • December 24, 2015, 04:39:23 am
    • California
Please look at this contract for me!
« on: January 20, 2016, 10:23:28 am »
Hi! This is my first job abroad!
I'm really hoping this is a decent contract, the company seems legit, it is for Avalon English.

My first question though, should I sign a contract that does not say which branch I will be working at? They have several branches and will not know which one I will be going to until later.. is that okay??

I REALLY APPRECIATE ANY FEEDBACK

Here it is:
* I took out a chuck about flight reimbursement because i was exceeding character count


I. TERM OF CONTRACT•
This contract begins _February 15, 2016 and ends _February 28, 2017.
The actual starting date is the day on which the Employee begins working at his or her campus.
1. The contract ends when The Employee’s final term is completed.
II. EMPLOYEE REQUIREMENTS
   1.   The Employee will act in a professional manner and be responsible for conducting English language classes. 
During the summer and winter intensive The Employee will be required to work on a regularly set schedule. Working hours may vary depending on campus location or session (e.g. winter and summer intensive session). The Employee will work eight hours a day, 40 hours a week. The Employee will be required to conduct 30 hours of class time per week. Schedules vary from campus to campus.
If the Employee is scheduled to work on a Saturday, one day out of the weekday will be given as time off, this day will be chosen by the campus director according to the campus schedule OR will be compensated as stated in Section III.3.1. 
The regularly scheduled working hours are 9 hours a day in total (8 working hours + 1hour break). However; depending on the 
campus the working hours may be shortened to 8 working hours a day without a “lunch break.”
   2.   In some cases, the Employee may be asked to work on a national holiday also known as a Red Day with the exception of Sunday. As 
Avalon English is a private company and is thus legally permitted to conduct business on a Red Days. In such cases the Employee will be compensated in accordance to his or her normal daily wage.

The Employee will work on a different time schedule during the summer and winter intensive terms. The working hours during the summer and winter intensive semester will be extended depending on the location and the campus. The Employee will conduct classes during the summer and winter intensive term. If the Employee teaches for more than 30 hours a week, the Employee will be 

   3.   paid overtime as stated in the contract. The Employee will not be able to request vacation during this time (III.1.3).

The Employee is required to attend events held by the Employer including but not limited to orientation, workshops, conferences, 
year- end parties, retreats (picnic), academic seminars (as required by the South Korean Ministry of Education). 

   4.   If such an event is held on a Saturday, it will not be considered as overtime and will not be compensated. 

The Employee must submit the required documents for his or her visa by the date agreed. If the Employee fails to submit the required 

   5.   documents by the agreed date, the Employer is permitted to change the employee’s position or void the contract. 

From the first to the third pay period, 200,000KRW will be deducted from the Employee’s salary (for a total of 600,000 KRW) as a security deposit. This deposit will cover any unpaid services, bills, damages, and airfare in the event that the Employee fails to pay or fulfill the employee’s contract. The Employer will hold the full amount of the security deposit until all outstanding fees or bills are paid. The remaining amount will be returned to the Employee at the end of the contract. If the Employee renews or extends his or her 

   6.   contract and has already paid the security deposit in full, he or she will not be required to pay the security deposit again.

The Employee must abide by all South Korean immigration laws and take responsibility for any immigration-related duties including 
fees relating to the medical health check, alien registration card, residency card, fingerprint scan, and visa extension. The Employee 

   7.   must provide all documents required by the Ministry of Education to his or her campus including the health check. 

III. SERVICES PROVIDED BY THE EMPLOYER•
   1.   PAYMENT•
   .   1.1  The Employer will pay a monthly salary of _2,100,000 KRW for regularly scheduled hours.
If the Employee fails to work the stipulated working hours due to tardiness, absence, failure to clock in or out, or other reasons the Employee’s monthly salary will be calculated and paid pro rata (daily or hourly). According to South Korea’s labor laws, an employee who misses a working day, will be deducted pay for the missed days as well as for the following Saturday.
(Labor Standards, Article 55 and Enforcement Decree of the Labor Standards Act, Article 30) 

   .   1.2
- method for calculating daily rate = monthly salary divided by 30. 일급 계산법: (월급여) / 30
- method for calculating hourly rate = monthly salary divided by 209. 시급 계산법: (월급여) / 209 
*209 represent the average days worked in South Korea. 
The Employee may be asked to teach over 30hours a week. In such cases, the Employee will be compensated overtime wages 

   .   1.3  at the rate of 20,000KRW per hour. 

The Employer will pay the Employee a monthly salary or the total amount owed for work performed in a month on the 10th of 
every month. In the event that the Employee does not start working on the first of a month, his or her pay will start from the 

   .   1.4  Employee’s first day working on a regular schedule. 


   2.   HOUSING•
The Employee will be provided single furnished housing. The housing will be provided at no cost to the Employee with the 
exception of utilities and housing management fees associated with the housing. The Employee’s housing will be furnished with
   .   2.1  basic necessities a bed, a TV, a desk, and a chair. All accommodations will also contain an AC unit, and a washer. . 

The Employee has the duty to preserve the condition of the housing and furnishings until the end of his or her contract. If the housing or furnishings are damaged or destroyed, the Employee must restore them to their original state or pay for replacements of the same standard of quality. The Employee must complete the housing condition checklist during the first 

   .   2.2  week of occupancy. If the checklist is not submitted during the first week, the Employee has the responsibility of paying for all damages not reported to his or her campus.

Avalon holds a no pet policy per landlord request as well as for the purposes of housing maintenance and upkeep. Should the 
Employee be found to have a pet, he or she will be responsible for the immediate removal of the pet at his or her expense as 

   .   2.3  well as for all payments necessary any damage caused by the pet. 

The Employee is permitted to decline the housing offered by the employer. In such cases, the Employee is eligible to receive 
300,000 KRW a month as housing allowance. To receive the allowance, the Employee must submit a written Housing 

   .   2.4  Allowance Request at the signing of this contract. 


   
4. LODGING•임시숙소
4.1 The Employer will provide lodging, if necessary, for the Employee’s stay during the orientation and training period at a facility.
한다. 5. HEALTH PLAN•건강 보험
The Employer will pay 50% of the premium for the Employee’s health plan, which is provided by the Employer and is
administered through the Employer. Participation in the national health plan is mandatory under South Korean Law. The 5.1 Employee will be responsible for the remaining 50 percent of the costs

6. SEVERANCE PAY•퇴직금
The Employer will pay severance to the Employee upon completion of his or her contract period of 12months (or more) with the
Employer. The severance payment will be in the amount of Employee’s agreed monthly salary multiplied by year(s) employed, 6.1 paid in full at the end of employment with the Employer. If necessary, applicable government deductions will apply.
   7.   PAID VACATION•유급 휴가 
The Employee has ten (10) working days as paid vacation per year. Up to five (5) consecutive days may be taken at once with campus director’s approval. Three (3) company-scheduled vacation days are included in these ten (10) days. 2 of the remaining days are scheduled to extend time off during South Korean holidays. If any paid vacation days are not used by either the Employer or Employee, it will be compensated as daily wage at the end of contract. No vacation days other than those scheduled by the Employer may be taken during the first three (3) months of employment. Vacation must be approved by the campus director at least one month in advance. Days in which the Employee does not regularly work Saturdays, Sundays and national holidays are not part of the vacation period. Middle school campus Employees are advised to take vacation during
   .   7.1  holding periods (student’s mid-term and final exam periods). Should the Employee request vacation time outside of these periods, the campus director must approve. The Employee will not be allowed to take their vacation during the summer and winter intensive terms, and during the last week of his or her contract.

When the Employee finishes the contract, unused vacation will be compensated as daily wage. If the Employee terminates mid- contract or is terminated mid-contract; the Employee will be compensated one vacation day per month starting from their fourth month of employment onward. For example, if the Employee terminates the contract on the 5th month, the Employee will be 

   .   7.2  compensated for two (2) vacation days if no vacation days were used. The unused vacation will be compensated or over used vacation will be deducted.


   8.   SICK DAY•병가
The Employee may use up to five (5) paid sick days per year provided they bring a proper letter signed by the doctor (Jindanseo) stating the Employee’s symptoms and medical recommendation is to be absent from work. Should the Employee fail to report his or her absence to the campus director before the start of the work day and provide a signed letter from the
   .   8.1  doctor upon his or her return to work, a written warning will be issued and will not receive pay for his or her absence from work. Any additional sick days beyond the five (5) days provided is counted as absences and pay will be calculated according to the daily rate.

No more than two (2) consecutive sick days may be taken at once. Sick days cannot be combined with vacation by the Employee. If the Employee becomes sick and is unable to work, the Employee must report to the campus director, and seek medical assistance. The Employee must obtain a signed letter (Jindanseo) from the doctor stating that the Employee is unable to return to work. This letter must be presented on the day in which the Employee returns to work. If the doctor diagnoses that the Employee can continue to work, the Employee must return to their campus and complete his or her work day. If the 

   .   8.2  Employee fails to return to work; or if he or she fails to provide a letter signed by the doctor, a written warning will be issued and the Employee will not be paid for this unexcused time from work.


IV. RENEWAL & TERMINATION OF CONTRACT•재계약과 계약 파기 1. RENEWAL •재계약
The Employee must give the Employer a written 120-day (4 months) notice before renewal or non-renewal of the Employee’s
   .   1.1  current contract. 

   .   1.2  Both the Employer and the Employee reserve the option to renew or end the contract. 
If the Employee renews his or her contract it is the Employee’s responsibility to renew his or her visa. It is the Employee’s responsibility to gather the appropriate documents needed for his or her visa renewal. Fines or penalties will not be paid or 

   .   1.3  reimbursed by

2. TERMINATION OF CONTRACT•계약 파기
Both parties will give a written notice of resignation of the contract. If the Employee terminates employment without providing a written notice of resignation, (unless otherwise agreed upon by the Employer), the Employee will forfeit their security deposit and held liable for all bills associated with housing, rent, utilities, and management fees for the apartment provided to them by the Employer for each day until the end of the term in which the Employee terminated his or her contract. If the Employee receives housing allowance and terminates the contract without providing a written notice of resignation, the Employee will be penalized by forfeiting his or her security deposit and will be subjected to a fine that will be deducted from his or her housing allowance.
The contract year consists of four seasonal terms with three months in a term. If the Employee submits a written notice of
resignation in the first month of the current term, the Employee must complete the current term he or she is in. If the Employee
   .   2.1  submits a written notice of resignation in the second or third month of the current term, the Employee must complete both the current term and the following seasonal term. Resignations submitted via email are not acceptable. All resignations must be 
handwritten or typed and printed out with the Employee’s signature. 

Any Employee who terminates his or her contract before completing the contract must pay back to the Employer the amount of the entry air ticket provided by the Employer. If the Employee was hired within South Korea, any fees related to visa-run expenditures (refer to III.3.3) must be returned back to the Employer. For any Employee who renews his or her contract but does not complete the contract must return to the Employer all of the round trip air ticket allowance (refer to III.3.2). For any 

   .   2.2  Employee who received a monetary allowance of 1.0 million KRW as part of his or her renewal but does not complete the contract, must return all of the monetary. (refer to III.3.2)


   .   2.3  The Employer retains the right to terminate the contract immediately if: 고용주는 다음과 같은 사항으로 즉시 계약파기 할 수 있는 권리가 있다. 
i. The Employee is unable to meet the responsibilities or conditions required for employment such as being late for scheduled work hours on a continuous basis (more than 3 times); continuous failure to keep regularly scheduled class times (more than 3times), repeated absences from classes without a valid reason (more than 3times/month) or cannot maintain health.. 

ii. The Employee is unable to meet the responsibilities or conditions required for teaching.
   a.   The Employee will be observed from headquarters live via CCTV on a quarterly basis. IF the Employee fails the teaching 
observation, the following action plan will ensue:
      -  1st FAILED OBSERVATION CONSEQUENCE: TEACHING IMPROVEMENT PLAN 

      -  2nd FAILED OBSERVATION CONSEQUENCE: PEER TEACHER OBSERVATION/REPORT 

      -  3rd FAILED OBSERVATION CONSEQUENCE: CONTRACT TERMINATION 

   b.   The Employee teaches off the Employer’s property. (On a desk or chair) 고용인이 정한 근무처가 아닌 기타의 곳에서 수업을 진행 한 경우. 

   c.   The Employee has possession of or uses illegal drugs at any time or is intoxicated during work hours. 피고용인이 불법 약물 복용이나 음주상태에서 근무를 할 경우. 

   d.   The Employee participates in criminal activity or corruption of public morals that violates the laws of South Korea.
   e.   The Employee receives written warnings from the Employer on 3 occasions. 피고
   f.   The Employee tells others about his or her own employment contract details.
   .   2.4  If, for any reason, the contract is terminated before the full completion of the contract period:
   a.   The Employee will not qualify for benefits such as severance pay and airfare. 피고
The Employee will wholly be responsible for any utilities/maintenance remaining for the duration of their housing lease as 

   b.   well as the monthly rent until a new tenant is found. 

   .   2.5  The Employer will notify South Korean Immigration office of termination accordingly. 

V. VENUE FOR DISPUTES BETWEEN EMPLOYER AND EMPLOYEE•고용주와 피고용인간의 분쟁에 관한 입장
The appropriate laws of South Korea will govern this contract. However, while both parties enter into this contract with total honesty and integrity, disputes may sometimes occur. In such cases, both parties will be bound by all terms and conditions of this contract and will try to resolve the difference in a civil manner that is fair to both parties. In the event that an issue cannot be resolved and either party decides to terminate this contract, he or she must do so in accordance with this contract. Upon such termination, both will agree
1. to remain civil and to speak honestly and fairly about his or her experiences and not in a disrespectful manner.

   VI.   FULL KNOWLEDGE•숙지
   1.   GOOD FAITH•상호 신뢰 
The Employer and the Employee will act in good faith toward each other. The Employer will not dismiss the Employee without what is considered a reasonably good cause and the Employee will do his or her utmost to satisfactorily fulfill all the responsibilities and meet all the conditions as described in the above agreement.


   2.   CHANGES TO CONTRACT•계약서의 변경
The Employer and the Employee agree that he or she have read the Employment Contract in its entirety and no other verbal agreement, statement or promise made on or before the effective date of this contract will be binding on the parties. Any changes made must be in writing and signed by both parties to be included in this contract. Any changes made to this contract without the knowledge and written consent of both parties are to be considered invalid.


   3.   TRANSFERRAL OF CONTRACT•계약서의 이전
Under no circumstances can the Employer exchange, give, sell, or transfer this contract or the services of the Employee to another party or institute without the written consent of the Employee.


   4.   LANGUAGE OF CONTRACT•계약서의 언어
The language of this contract is written in English and Korean. In the event of a dispute, the English version of this contract will prevail.


   VII.   ADDITIONS TO CONTRACT•계약서에 첨부할 사항
All other matters not stated above will be based on relevant South Korean laws and regulations including The Labor Standards Act,
   1.   Regulations about employment and the Employer regulations

   2.   If the Employee is required to work at Head Office, Human Resources will inform the Employee of the working hours.

All photographs and video footage taken of current and previous EMPLOYEES are fully owned by the Employer and may be used and 

   3.   reproduced for projects for marketing, advertisements with or without the knowledge of the Employee.

If the Employee requests a campus transfer mid-contract or renews his or her contract and transfers to another campus, it is the Employee’s responsibility to pay for moving costs and provide ministry of education documents (apostille notarized background check, 

   4.   apostille notarized diploma, and health check). In such cases, the Employer will transfer an Employee to another campus; the Employer will reimburse the costs for moving and ministry of education documents.

   5.   Before departing Korea, the Employee must settle his or her own banking and pension matters. The Employer is not responsible for the remittance of such funds.


  • LaChaca
  • Veteran

    • 177

    • December 28, 2015, 06:32:55 am
    • USA
Re: Please look at this contract for me!
« Reply #1 on: January 23, 2016, 08:09:12 am »
Did you sign?