Been offered a job and sent the contract for the ELI academey . Here is the contract as id like to get an opinion . Ive taken out my personal details . Thanks
This contract is made between
Incheon City, South Korea.
Hereafter referred to as the "employee" as an English instructor.
The duties of the "employee" will be as follows;
1. The Employee’s Responsibilities & Duties
a. This "employee" will work for the "employer" as an English Instructor. During the term of this agreement, the instructor will accept, obey, and comply with the instructions, supervision, training, and discipline of the employer and will carry out such assignments as the employer directs.
b. The duties of the "employee" will be follows:
1) Curriculum design and implementation
2) Development of educational programs and materials
3) Grading and evaluation of students
4) Attendance at teacher's meetings and workshops
5) Providing students with individualized care
6) Other activities related to teaching
7) All kinds of class activities (indoor and outdoor)
8) Arrival at school at least one hour before the beginning of class (in case of afternoon class)
c. If the employee leaves the school during the scheduled school session without a written approval by school, the employee will not receive any balance due including a his/her last salary.
d. The employee cannot make employment contract with any other school or institute in this town square (Yeongjong-Do) after termination or cancellation of this contract period.
2. Place of Employment
The "employee" will work for the "employer" at the following address:
ELI, 2794-1, 4F, YeongjongAirport 1, Unsuh-dong, Chung-Gu, Incheon City, South Korea.
The "employee" will not be expected to work outside the place of employment except with a) written approval from the Korean Immigration Office and b) work outside the place of employment meets with the approval of the "employer".
3. Period of Employment
Pending the issuance of an E2 visa from the Korean Immigration Office, the "employee" will work for the "employer" for a period not exceeding one year in accordance with the E2 visa.
The period of employment will begin on 2nd /July/ 2012 and end on 1st / July/ 2013.
4. Regular Hours of Employment
Each class will consist of 50 minutes in length. The "employee" will teach from Monday to Friday (excluding Saturdays and Sundays) for 33 hours (1,980minutes) per week . One hour will be calculated 60 minutes’ class. All classes exceeding hours per week will be considered as overtime classes. The hours the employee is required to work will be spread from 1:00(p.m.) to 8:30(p.m.) subsequent to the needs of the school as designated by the director.
5. Overtime hours of Employment
The "employee" may choose to work overtime hours. Overtime classes will be calculated and paid per month at a rate of 15,000 won per hour at the end of the month.
Said teaching hours do not include classroom preparation, lesson plan preparation, assignment/homework/test creation or grading or any other duty deemed necessary by the faculty or director. Time spent on these endeavors will not be compensated monetarily.
The basic salary paid for regular hours of employment will be 2.1 million won per month, payable on the 10th of each month worked by the "employee". The salary will be paid to the "employee" once per month without delay for a period of contract. Computation of the initial pay period will commence from the first teaching day. Payment for part of a month of employment will be calculated on the number of days employed. Payment of the aforesaid salaries will be made in Korea won.
In the event that the "employer" is unable to provide the "employee" with the regular hours per week, the "employee" will still be paid a basic salary of 2.1 million won per month.
7. Income Tax
Income tax will be deducted from the basic salary in accordance with the Korean Tax Laws.
8. Medical Insurance
Employee will be covered by medical benefits under the Korean Medical Insurance Union, a government health organization. The "employer and "employee" will each share 50% of the total cost of health insurance. Coverage commences from the date of joining the KMIU.
9. Housing & Accommodations
a. The "employer" will furnish the "employee" with a furnished single room consisting of basic appliances: TV, refrigerator, gas stove, kitchen table, chairs, laundry machine and kitchenware. The room will be provided at no cost to the "employee" with the exception of gas, utilities, monthly maintenance fee and telephone. The "employer" will also ensure that the room is quiet and safe so that the "employee" can live comfortably while in Korea. In return for a furnished room, the "employee" agrees to respect and care for the room in a respectful manner, with the exception of normal repairs. Any outstanding bills belonging to the "employee" will be the sole responsibility of the employee. In the event that the room is shared, the outstanding bills will be split evenly between all residents of the room.
b. For the first three months, the Employer will withhold a deposit of 200,000 won each month, in order for the employer to pay off utility and telephone charges, and others, received by the employer during the two months after the termination of the contract. In any case, if this agreement can’t be finished, the deposit will not be returned to the teacher.
c. Any balance due the employee after all bills have peen paid will be transferred to the employee’s account back home two months after termination of the contract.
The cost of the flight will be reimbursed in Korean Won according to a F/X rate.
a. Upon completion of this one-year contract, the employee will be provided with a return ticket. Should the employee purchase a one-way ticket.
b. If the employee leaves the school prior to completing six (6) months of this contract for any reason, the employee must reimburse the school the cost of the ticket in full paid by the school or the school will deduct the full value from the employee’s pay.
c. Should mitigating circumstances arise, it is possible to negotiate an alternate arrangement for an early departure. The employer has the right to request reasonable proof for having granted mitigating circumstances.
The "employee" will be paid for all national holidays and not be expected to work during these days.
12. Vacation Pay
The "employee" will receive 10 paid vacation days for a period of contract. Vacations are taken according to a schedule provided by employer before the commencement of the month to which the schedule refers. Vacations can only be taken as scheduled by the employer as per the requirement of the school.
13. Severance Pay
Upon completion of this contract, the "employee" will receive 2.1 million-won salary as severance pay. Under no circumstance will this severance pay be withheld from the "employee". Provided there are outstanding debts (damage to residence or school loans, bills, etc.)
14. Rights and responsibilities
Both the "employer" and the "employee" are to be considered professionals and as such will treat each other with mutual respect and dignity. However, since the "employee" is working under contract for the "employer", the "employee" will make every reasonable effort to follow the directions as training and supervision of the "employer". The "employee" will also carry out the teaching assignments given by the "employer" in a professional manner.
The "employer" may dismiss the "employee" from employment under the following conditions without written and prior notice.
a. Violation of the laws of the Republic of South Korea.
b. Teaching classes while under the influence of drugs, smoking or alcohol.
c. Private teaching outside the place of employment or accepting funds without the written approval of the employer.
d. Receiving two warning letters
e. Constantly late for work.
f. Inability or unwillingness to teach, including neglect of duties to attend to classes.
g. Conduct or criminal activity seriously jeopardizing any student or staff person.
h. Disobedience to the school class schedule.
i. The teacher has caused irreparable damage to the reputation of the school or themselves.
With the exception of Section 15a, 15b, 15c, 15d and 15g above, the "employer" must first bring the problem to the attention of the "employee" in writing and make every attempt to resolve the situation. The "employee" will then follow the directions of the "employer" also and make every attempt to correct the problems. However, circumstances beyond the control of the "employee" are exempt from Section 15. Circumstances may include, but not limited to accident, death and illness or unpredicted events.
16. Termination of Contract
a. With the exception of Section 15 of this contract, the "employer" may cancel this contract with 30 days notice. However, in the case of the employee’s criminal behavior or misconduct, he/she will be dismissed from employment immediately with no warning or notice.
b. In the event the “employee” resigns from employment, he/she can do so giving minimum 60 days notice to the employer.
c. In either case of dismissal or resignation before completing six (6) months period of the contract term, the “employee” must reimburse the employer the cost of the ticket to Korea in full.
d. In the event that the “employee” seeks release from this contract, the employer may issue a letter of release to the “employee” upon request without delay or fee being charged to the employee or potential employers.
17. Resolving Disputes
While both parties enter into this agreement with total honesty and integrity, disputes may sometimes occur, 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 no solution can be found for a problem and either party decides to terminate this contract, both parties will agree to remain civil and to speak honestly and fairly about their experiences and not in a disrespectful manner.
18. Transfer of Contract
Under no circumstances can the "employer" exchange, give, sell, or transfer this contract of the services of the "employee" to another part or institute without the written consent of the "employee".
19. Changes to Contract
There will be no changes or additions to the contract without the written consent and approval of both parties. Any changes made must be written and signed by both parties to be included in this contract. Any changes made to this contract, whether verbal or other, without the knowledge and written consent of both parties are to be considered invalid, and as such are not part of this contract.
20. Release from Contract
With the exception of Section 16, both the "employer" and the "employee" are released from the contract in the case of :
a) Death, war, accident, or unforseen events.
b) Failure to obtain an E2 visa from the Korean Immigration Office.
c) Failure to meet any or all of the terms and conditions of this contract
21. Language of Contract
The language of this contract is written in English. For convenience of the employer this contract may be translated into Korean upon request and prior to the signing of this document. In the event of a dispute, the English version of this contract will prevail. Both the employer and the employee have read and understood all the terms and conditions of this contract and do hereby enter into contract which will be binding upon all parties, their successors.
Employer Lee Geunsun Employee
Employer's Full Name Employee's Full Name
Dated this 1st of June. 2012 .
1. During classroom hours
The instructor must remain patient and show affection toward the students.
Do not just watch the children. Interact and speak with them as a teacher.
The instructor will refrain from yelling and try to handle all situations calmly. If a student is out of hand, send someone to get the director.
2. While at school
The computer at the school should only be used for class preparation and research. The computer may be used for personal reasons such as checking e-mail, but it should be done sparingly and at the appropriate time. Playing computer games is not be acceptable unless authorized beforehand by the director.
The telephone in the school is not a personal phone and should not be used to place long distance calls. Personal local calls should be limited.
The instructor must be punctual.
The instructor will refrain from using profanity or offensive language that may make others feel uncomfortable.
The instructor will attend the instructor's meeting/functions unless excused by the director.
The instructor should always behave in a respectable manner and remember he/she is the example for the children.
3. ELI will:
Respect the rights and culture of the instructor.
Respond promptly to issue concerning the instructors living conditions.
Pay on time.
Any and all problems will be dealt with at the onset.
Dated this day of . 2012.
Instructor's Full Name