Employment Agreement for YBM Instructor (A)

This EMPLOYMENT AGREEMENT has been made this __________ by and between YBM Si-sa Language Institute __________; having its office at __________ hereinafter referred to as "employer"); and _________, a citizen of _________, whose address is _________.

1.0 Employer and employee agree as follows:

Employee accepts employment from employer to teach the English language under the terms and conditions set forth here in this agreement for a period of twelve full and consecutive teaching sessions. Employment commences from the first day of session instruction ______________________ - ______________________ and finishes on the last teaching day of the last teaching session covered under this agreement. (The employee will arrive 5-7 days prior to the starting date for orientation)

Duties

2.1 During the term of this agreement, employee is required to prepare, teach, and carry out all required administrative duties connected with classes assigned by employer. The minimum teaching requirement is 120 / 50-minute classes per month. (100 actual teaching hours) Monday through Friday are teaching days except for scheduled public holidays and vacation days. The employee will be required to teach up to 8 Saturdays during the contractual term at the rate of 25,000 won per each 50-minute period. Employer will have the authority to require employee to perform paid teaching duties in excess of the minimum teaching requirement (six, actual 50-minute classes per day), such excess being no more than an average of two classes per day.

2.2 Total teaching hours in excess of the minimum requirement are calculated in each session as overtime payment.

2.3 Payment made for assigned teaching hours is inclusive of payment for preparation and administrative duties connected with the assigned classes. Employee agrees to take orientation and training, attend meetings and seminar/ workshops scheduled by employer with no overtime pay.

2.4 Employee is responsible for the return of all teaching materials (including textbooks, tapes, CD's, tape players) on a session basis. At all times during the term of this agreement 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 instructors at the place of employment.

Compensation and Other Treatment of Employee

3.1 Salary: Employer will pay employee a yearly salary of __________ won. This salary includes any severance payment and housing allowance. The yearly salary will be divided into 13 payments of __________ won with 2 payments made on the last day of the last teaching session. No part of the thirteenth payment will be paid unless the employee completes the full (12-session) one-year contract. Overtime payment is made at the rate of _______ won / per actual 50 minute period. Teaching salary will commence from the first day of teaching. When an employee is absent from scheduled teaching duties, salary will be deducted according to the employee's overtime rate. Korean income taxes and Korean National Pension Scheme deductions will be withheld. Salary payments will be made on or before the seventh day of the month following the teaching session during which the services were provided.

3.2 Orientation and Training: Shortly after arrival in Korea, employee will be required to undertake orientation and training before commencing teaching. The period of training and orientation will usually take several days during the final week of any session.

3.3 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). On completion of the full contract period, employer will provide for employee an economy class ticket for passage from Korea to point of departure. In the event that employee continues employment under a subsequent employment agreement with employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s) only. For employees hired in Korea, a visa run to Japan will be arranged and paid for by the employer. Air ticket provided cannot be exchanged for cash equivalent or transferred to persons other than employee. Employer does not agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air tickets not used by employee.

3.4 Holidays and Vacation: 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. In addition, there are between eight to ten (8-10) vacation days in each calendar year (January - December)

3.5 Sick Leave: Salary is maintained, according to the limitations below, when employee is absent from teaching duties because of illness. For an employment term of twelve sessions, the sick leave allowance is 6 (six) 50-minute teaching periods. The value of unused sick leave remaining at the completion of this agreement will be paid to employee at the employee's overtime rate.

3.6 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.

3.7 Non Payment of Accident 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.

3.8 Housing: Employer will provide Key money up to 10 million won towards the deposit on housing. A key money addendum will be applicable for the key money. The Employee will be responsible for monthly rent, utilities and furniture.

Dismissal or Voluntary Resignation

4.1 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.

4.2 In the event that the employee is dismissed, the employer will do so with a minimum of a 30 day notice and pay salary due as of date of termination. 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 employee was recruited in South Korea and it was necessary for 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 there with. Should the employee fail to fulfill the obligation for the 30 days, the employee will be held responsible for all tuition refunds If there is a need to close the employee's classes in the middle of the session.

4.3 In the event that the employee voluntarily resigns prior to the termination of the term of this agreement, the employee will do so with a minimum of a 30 day notice and be paid salary due as of date of termination of the contract. Employer will not pay the cost of return transportation to 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 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. Should the employee fail to fulfill the obligation for the 30 days, the employee will be held responsible for all tuition refunds if there is a need to close the employee's classes in the middle of the session.

Covenants

5.1 Employee hereby agrees, covenants, and undertakes that he/she will not, during the period of or earlier termination of the agreement, undertake any teaching duties or employment with any persons or organizations other than employer. To undertake such employment could result in termination of the contract and is a breach of Korean Immigration law and can have serious consequences.

5.2 Employee understands and agrees that the rights to use, sale, distribution, or publication of all original material produced by the employee during course of employee's employment, and for which employee is compensated as either regular pay, as overtime, or in an agreed-upon amount, remain the sole property of employer.

Jurisdiction

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 thereby, and in witness whereof, employer and employee have appended their signatures.


Employer
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Employee
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Date
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Date
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