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.