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| EMPLOYMENT AGREEMENT |
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| CHAPTER 1 GENERAL PRINCIPLES |
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| ARTICLE 1 (COMMITMENT) |
THIS EMPLOYMENT AGREEMENT is made between EduChosun (hereinafter "employer"), as operator of Seongnam English Town (hereinafter "SNET")
and , a/an citizen and university graduate (hereinafter "employee").
We, the employer and employee, are individuals of human value and will treat each other as such.
We sign this contact so to harmoniously and respectfully exchange our services as agreed upon here.
The service of the employee is to offer work in the way that is outline below in a timely and professional manner. The employer will return the employee's work, with providing a peaceful and respectful work environment, and also with materials and support services such as housing, salary, meals, medical benefits, vacation time, etc. as agreed upon in this contact.
In the event of any structural alteration in EduChosun, any and all responsibilities and rights of EduChosun set forth in this contract will be assigned to a third party designated by EduChosun to be responsible for the operation of SNET without consent of employee, and employee does not have the right to object to such assignment. |
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| ARTICLE 2 (DURATION OF CONTRACT) |
The total agreement term is:
¤± Six (6) months, from Monday , 2008 to , 2009.
¤± One (1) full year, from Monday , 2008 to , 2009. |
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| ARTICLE 3 (MODIFICATION OF CONTRACT) |
| The points of this contract are valid and cannot be renegotiated during its term; with exception of article 2, due to visa processes and procurement challenges. Based on actual entry date & commencement of employment at SNET, contract dates may be readjusted to encompass months of employment at SNET. |
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| ARTICLE 4 (APPLICATION) |
| This Agreement is to employ a degreed foreign university graduate as an English-language guide, counselor and/or instructor with SNET, organized by EduChosun. |
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| CHAPTER 2 WORKING CONDITIONS |
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| ARTICLE 5 (ORIENTATION PERIOD) |
| After arrival in Korea, the employee may be allowed one (1) to two (2) weeks of orientation for acclimating and learning about SNET, before beginning regular solo teaching duties. The orientation period will be spent at SNET co-teaching & observing classes to learn the instructional system. The employee will be given a full tour of building facilities, copies of student texts & curriculum lesson plans. |
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| ARTICLE 6 (WORKLOAD, HOURS, DAYS) |
¨ç Regular workload per one (1) week period is forty (40) hours, excluding lunch breaks.
¨è Official SNET operation hours during the Korean academic year are:
¡Ü Monday~Friday - 8:30am~5:30pm
¡Ü Tuesday~Friday - 7:00pm~8:30pm
¡Ü Saturday - 9:00am~6:00pm
¨é Regular work schedules may include shift work (M-F or T-Sat) and will be organized and posted a minimum of one week in advance.
¨ê Working days will be five (5) consecutive days between Monday and Saturday, on a rotating schedule. The work schedule may be
rearranged, within the workload stipulated above, by employer to accommodate effective operation of SNET. |
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| ARTICLE 7 (EMPLOYEE DUTIES) |
Employee will, at all times, :
¡Ü respect & adhere to company policies.
¡Ü be professional in dress (business casual), punctuality (on time for all meetings and classes) and conduct (respectful of management
& colleagues) & interact in a professional manner with staff, students, parents & visitors.
¡Ü Be collaborative & respectful of chain of command & seek proper permission 'prior' to taking any action that potentially could affect
SNET & EduChosun negatively in persons, properties, image and/or association (i.e. use of SNET equipment for personal purposes)
Persons to contact in proper chain of command are the program coordinator and then the Education team leader (Team Jang Nim).
¡Ü possess and display a caring and compassionate positive attitude toward student campers.
¡Ü be a positive role model for students in behavior, conduct and speech.
¡Ü ensure student safety, health and wellbeing.
¡Ü follow set class time schedules and not dismiss class, nor cancel class, nor start class late without prior notification and approval of
employer (see article 23: Tardiness).
¡Ü implement the school curriculum under the supervision of the employer, Team leader & Program Coordinator
¡Ü follow set class lesson plans and supplement (not alter) lessons; adjusting to higher & lower student level as necessary.
¡Ü conduct class within the pre-designated classroom space and not move class without proper permission and prior approval of
employer.
¡Ü teach and facilitate the practice of English; conversational (listening & speaking) and written.
¡Ü make meaningful educational lesson plans & activities for homeroom classes (Mon-Fri 4:30-5:30pm).
¡Ü walk (guide) students to the cafeteria at lunch and dinner time for safety.
¡Ü participate in two (2) Saturday programs (9am-6pm) per month & two (2) evening events (7-8:30pm) per week (only if on Tues - Sat
shift) or on an overtime basis.
¡Ü participate in special two-week holiday camp programs, during summer (~Aug) and winter (~Jan) school breaks, when a special
/different time schedule (not exceeding the regular work load; 40 hrs/wk) may be followed, and during which no vacation periods are
available.
¡Ü participation in occasional special camp programs outside SNET premises (instead of, not in addition to, SNET camp) during which a
special/different time schedule (not exceeding the regular work load; 40 hrs/wk) may be followed. |
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Non-instructional duties :
Non-instructional activities which are covered under this Agreement include:
1. Serving as a positive role model to youth & students.
2. Participation & contribution as a Team player; a member of the education team and SNET.
3. Demonstrating a respectful professional attitude toward co-workers and staff.
4. Participation in weekly staff meeting(s).
5. Fulfilling instructional prep and office time duties (2-4 hrs/wk).
6. Participation in, & completion of, assigned classroom observations for training & professional development purposes.
7. Development of instructional materials and/or lesson plans as necessary or assigned.
8. Participation in a maximum of 3 SNET training sessions.
9. Responsible for the prompt return of all teaching materials and property of SNET (including handbooks, manuals, textbooks, course
related CD's, SNET uniform jackets,...) at end of contract. |
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| ARTICLE 8 (SALARY & RENUMERATION) |
¨ç The stated payment is the total annual salary. It will be divided on a monthly basis, and will be given on the "pay day" that is 25th of
each month. The last payment of the employees who finish his work after 20th of the month will be given on 30th of the last month.
¨è Salary / Annual Salary: KRW
The annual salary will be paid over 12 monthly installment of ------------------- KRW per month.
¨é Should employee enroll or resign in the middle of the month, he/she will be paid by the number of days worked.
¨ê Severance : When the total employment period equals or exceeds one calendar year, employer shall pay the employee thirty (30)
calendar days' average wage as severance pay. Severance pay will be calculated based on the average salary of the final three
months worked. Severance pay will be paid within 14 days of the last day worked.
¨ë Annual Salary increase & raises :
When the total employment period equals or exceeds one (1) calendar year, employee will have a performance based annual payment
increase, based on his/her renewed contract's duration, calculated at the standard company percentage.
¤± Six (6) months renewal contract increase rate: 1-2.5%
¤±One (1) year renewal contract salary increase rate: 2-5% |
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| ARTICLE 9 (PERFORMANCE-BASED BONUSES) |
¡Ü Perfect Attendance Bonus :
Should the employee have perfect attendance (no missed sick days; paid or unpaid) and successfully complete his/her contract,
the employee shall receive a 'Perfect Attendance Bonus' as a lump sum with his/her last salary payment depending on his/her contract
length, as stated below.
¤± Six (6) months contracts 'Perfect Attendance Bonus' sum: 125,000won
¤±One (1) calendar year contract 'Perfect Attendance Bonus' sum: 300,000won
¡Ü Referral Bonus
When an employee refers a new staff, whom then signs and completes a contract, the employer will pay the employee a referral bonus
as stated below, depending on the referred staff's signed (& served) contract length.
¤± Six (6) months contract completion: 50,000won
¤±One (1) calendar year contract completion: 120,000won
Should the referral bonus need to be wire transferred abroad (i.e. employee no longer holds a KB account in SK), the employee will be
responsible for all transfer fees, which will be deducted from the bonus sum.
¡Ü Re-contracting/Re-signing Bonus: see Article 24 |
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| ARTICLE 10 (OVERTIME RATE (OT)) |
Work hours in excess of 40 hours per every 1 week period is considered as overtime (OT) work and will be compensated according to 20,000 Won / 1 hour.
Saturday OT day-rate for special camps shall be 150,000 KRW per day.
Sunday OT day-rate for special camps shall be 200,000 KRW per day.
The employee may reject requests to work overtime hours from the employer without being subjected to punitive measures or dismissal. |
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| ARTICLE 11 (TAX & DEDUCTIBLES) |
| Only the deductions which are required by Korean tax law, pursuant to applicable Korean laws, will be deducted from employee's monthly salary; Income, and resident taxes, the monthly National Pension Fund payment, employee's half of the health insurance premium, etc. |
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| ARTICLE 12 (AIRFARE PROVISION) |
Employees hired within Korea :
For employees hired in Korea, whom are eligible for E2 processes abroad, the employer shall provide an economy class ticket (Round-trip) to Japan, Hong Kong or Taiwan, in accordance to employee's choice, from Korea for the E2 visa issuance trip. Air ticket provided cannot be exchanged for cash equivalent or transferred to persons other than the 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.
Employees hired abroad :
For employees coming from abroad, the employer will provide an economy class ticket (one-way) for passage to Korea from an airport mutually agreed to by employer and employee. When the total employment period equals or exceeds one (1) calendar year, the employee will be provided a return economy class ticket for passage from Korea to his/her home country or a destination of employee's choice of equal or lesser costs.
All employees : To secure air travel, the employee should inform the employer at least 5 days prior to his/her desired departure date.
In the event that employee chooses to continue employment under a subsequent contract, the return air ticket will be provided at the time of completion of the subsequent contract period(s) only.
Forfeiture &/or refunding of airfare benefits :
In the event that the employee willfully leaves the employer before his/her contract is complete, except as provided in article 25.4, he/she shall be held responsible for all, or part of, airfare expenses, as outlined below, which will be deducted from employee's salary.
¤± Six (6) months contract: Employee shall be responsible for all airfare costs (round trip) should he/she fail to complete the contract
duration successfully, except due to provisions stated in article 26.4.
¤± One (1) year contract: Should employee fail to complete at least 6 months of his/her contract successfully, except due to provisions
stated in article 26.4, the second portion of the airfare will not be provided & the employee shall be responsible for the cost of the
return portion of airfare.
All persons: Should the employee fail the medical health exam required by Korean immigration guidelines and requirement for E2 visa, the employee is responsible for all airfare costs (roundtrip) and must refund the employer airfare costs for any previous employer-provided airfare within two (2) weeks. |
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| ARTICLE 13 (MEDICAL CHECK-UP) |
As required by immigration law for E2 visa processes, teachers must submit to under go a medical check up, including a general health survey, Drug test, HIV test, TB test and a chest X-ray in S. Korea.
Depending on contract length, the initial medical check-up fee, or a portion of it, for the E-2 visa application will be reimbursed.
¤± Six (6) months contract: 50% of initial health check fees
¤± One (1) calendar year contract benefit: 100% of initial health check fees
Should the employee fail to successfully pass the medical exam or successfully complete their contract, reimbursement will not be provided. |
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| ARTICLE 14 (VISA PROCESSES REIMBURSEMENT) |
Depending on contract length, the employer will provide the employee a lump sum, to help offset the E2 visa documentation and processing fees, at the end of the contract with the final salary payment, when the employee successfully completes his/her contract.
¤± Six (6) months contract: 150,000KRW
¤± One (1) calendar year contract benefit: 400,000KRW
There will be no visa processing provisions for employees who willfully leave employer breaking contract or those whom are dismissed due to contractual violations (see article 25). |
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| ARTICLE 15 (DRESS CODE) |
| SNET receives many visitors from the local community and the education industry throughout the week. Neat and clean business casual work attire, a middle ground between business formal wear and street wear, is expected during all student contact hours. |
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| ARTICLE 16 (CLASSROOM OBSERVATIONS) |
The Academic Supervisor (such as the coordinator or head teacher) and specific staff members may observe teaching procedures periodically during the contract period at SNET.
SNET teachers may occasionally observe classes for professional development purposes.
Occasionally, community members (i.e. parents, school/camp teachers, principles, BOE & city hall officers, media folks,...) may visit SNET & observe &/or photograph classes, students & employee for marketing, promotional &/or educational purposes. |
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| ARTICLE 17 (HOUSING & ACCOMMODATION) |
¡Ü A furnished dormitory room, as on-site accommodation, inclusive of utilities such as electricity and water, is provided rent-free within
the company premises.
¡Ü The accommodation shall be shared with one other employee.
¡Ü The dorm room will be offered to employee on his/her arrival day. It must be left in its original condition and configurations when
employee leaves SNET upon contract's end.
¡Ü Furniture for employee's private use shall be clean and in good condition. This furniture shall include: bed, bedding, sheets, desk, chair,
closet.
¡Ü The following shared furnishing shall be provided: mini-fridge, humidifier, TV, phone.
¡Ü Employee must complete the check-in process for room inventory within 2 days of his/her arrival, with the help of an administrative
staff.
¡Ü Internet connection will generally be available in employee's room. (if assigned to a room with no internet, rooms may be switched
when another becomes available). In addition, the internet lab is available for employee use, if not in session.
¡Ü Privacy of employee is respected. For repairs & requested assistance, employer will seek employee's permission for entry, one day in
advance, or if employee prefers, on the same day.
¡Ü Should employee report a major problem, other than internet issues, with the accommodations (i.e. lack or failure of air, water, heat,
power &/or safety systems), employer will help, or hire help, and solve the problem within 1-2 days. In such case, employer will
arrange other temporary accommodations (i.e. alternate room) for employee.
¡Ü Should employee need medical attention, employer will help, or hire help, to assist the employee within the same day. |
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| ARTICLE 18 (Damages & Replacements) |
| The employee will be liable for the cost of repairs or replacement to furniture damaged as a result of negligence. Should there be any damages (above & beyond normal use wear & tear) to dormitory facilities, furnishings, SNET loaner laptops, and other properties of SNET expressly in employee's care in accordance to the "Dorm Check-in Report" (due w/in 2 days of arrival), the cost of replacement shall be deducted from employee's last salary payment. Should damages exceed the monthly salary, any remaining balance of damages is the responsibility of the employees & due (to the employer) within three (3) weeks. No letter of release (LOR) can be issued unless all accounts are settled within the proper time frame, as mentioned above. |
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| ARTICLE 19 (MEALS) |
Three meals are provided on employee's working days, but not on his/her leave days. Provision will be made for on-site food preparation on employee's days off. Employees are permitted to use the spacious cooking classroom for meal preparation, so long as their activities do not interfere with (i.e. student distraction), or encroach upon, any camp activities, including evening events.
Employees are fully responsible for cleaning up after themselves, when using any SNET facilities. |
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| ARTICLE 20 (VACATION & LEAVE) |
¡ß Each vacation (leave) must come in non-consecutive one-week blocks.
¡ß One month notice is required to request, or change date of, leave/vacation.
¡ß No vacation is permitted during summer and winter camp season; (late July-August & Jan-Feb.).
¡Ü Paid Leave: A total of 1 to 2 paid weeks of vacation is allotted per year, as determined by employee.
¤± Six (6) months contract: 1 week
¤± One (1) calendar year contract: 2 weeks
Korean Cultural Paid Leave : Employee will also receive one week of paid leave, during each of the Korean lunar holidays of
Chuseok (~Sept. 1 week) and Seolnal (~Feb. 1 week) if the holiday falls within the duration of the contract.
In the event that the employee willfully leaves the employer before his/her contract is complete, except as provided in article 25.4,
he/she must reimburse the company the monetary equivalent of any paid leave taken, not including Korean cultural paid leave,
which will be deducted from employee's last paycheck.
¡Ü Paid Sick Leave: Depending on contract length, employee is permitted up to six (6) days of paid sick leave per 1 year contract for
actual illness, only.
¤± Six (6) months contract: 3 days
¤± One (1) calendar year contract: 6 days
Abuse of sick leave provisions cannot (& will not) be tolerated and constitutes grounds for dismissal! A doctor's certificate or proof of
hospital visit will be required for any extended sick leave beyond one day, unless the sick employee is explicitly in his/her dorm
room at SNET.
¡Ü Unpaid Sick Leave: Depending on contract length, employee is permitted up to fifteen (15) days of unpaid sick leave per 1 year
contract for actual illness, only.
¤± Six (6) months contract: 6 days
¤± One (1) calendar year contract: 15 days
When employee is unable to attend class due to illness, requiring sick leave (paid or otherwise), s/he shall notify director or
education development team leader.
Should the employee abuse the sick leave provisions (i.e. traveling &/or shopping on sick leave) &/or fails to provide director with
proper proof of illness (no doctor's note & not at SNET dorm), it is considered as 'absence without leave' in violation of contract and
the employee may be dismissed from post without recourse. In such case, regardless of contract duration or time of service, the
employee will be held liable for all airfare, visa & health check benefits and allowances; the total of which shall be deducted from
employee's salary.
¡Ü Unpaid leave: Depending on contract length, up to two (2) weeks of unpaid leave, subject to the same rules as 'paid leave' is
permitted only after six (6) months of service for employees on 1 year contracts. Under certain conditions, two (2) consecutive
weeks may be taken together as unpaid leave with proper administration permission, depending on staffing needs.
¤± Six (6) months contract: None.
¤± One (1) calendar year contract: Two (2) weeks.
¡Ü Extended unpaid leave: Unpaid leave is permitted only under extreme and unusual emergency circumstances. Extreme and unusual
circumstances include, but are not limited to, a matter of great importance and death or serious illness of self or immediate family
member. Upon presentation of proper notice and proof to the director, employee may be granted up to thirty (30) days of unpaid
leave. |
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| ARTICLE 21 (MEDICAL INSURANCE) |
| The employer shall enroll the employee into the National Health Insurance Plan (NHIP). Employer agrees to provide the employee with a health insurance card from NHIP within thirty (30) calendar days of the employee's successful completion of the E2 visa health check. |
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| ARTICLE 22 (PROBATION) |
There shall be a three (3) months probationary period, during which employer may dismiss employee without recourse, if:
¨ç employee does not perform his/her teaching duties in a timely and satisfactory fashion.
¨è any documentation, provided for securing employment, should be proven false or misleading.
¨é employee displays a negative &/or aggressive attitude towards, or is uncooperative with, the education team leaders, management
&/or team-members.
¨ê employee displays an uncaring or negligent attitude toward students.
Should the employee fail to successfully complete the probationary period, the employees is responsible for all visa, health check and airfare costs & fees; which will be regrettably deducted from employee's salary, if previously reimbursed or paid for, by the employer. |
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| ARTICLE 23 (TARDINESS) |
| Punctuality is 'very' important at SNET, as children must not be left unsupervised due to safety concerns. If employee is more than 10 minutes late without proper notification, 1 hour of pay may be deducted (as it's not fair to other staff having to supervise the kids on their time off).
Proper notification shall be defined as minimum of thirty (30) minutes notice to supervisor, by phone or in person. Email does not constitute proper notice, unless sent at least one (1) day in advance. |
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| ARTICLE 24 (CONTRACT RENEWAL) |
Should employee wish to renew his/her contract, he/she shall inform the employer of his/her renewal intentions two (2) months in advance of his/her current contract¡¯s end, to facilitate timely renewal.
Contract Renewal Bonus
Upon completion of first contract, should employee renew his/her contract; he/she shall be eligible for a one-time resigning/renewal bonus, depending on the new contract¡¯s length, as stated below. The sum shall be given to employee as a lump sum at end of renewed contract.
¤± Six (6) months contract: 200,000won
¤± One (1) calendar year contract: 500,000won |
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| ARTICLE 25 (DISMISSAL OR VOLUNTARY RESIGNATION) |
¨ç Employer and employee reserve the right to nullify this contract in any of the cases mentioned in this clause.
In such case, it can be said without previous written notice.
¨è Employer may terminate this agreement and dismiss the employee for:
a. Neglecting his/her duties stipulated in this agreement.
b. Conducting classes while under the influence of alcohol or illegal drugs, excluding prescription medications with a current physician¡¯s
prescription.
c. Being absent from work without notice more than two (2) times &/or tardy more than 3 times.
d. Failing to successfully complete the probationary period.
e. Showing actions against the Company¡¯s image & profit.
f. Violation of Korean laws.
g. Displaying a consistently disrespectful and insubordinate attitude &/or behavior towards management and/or disrespect toward
colleagues.
h. Suffering from a health condition that makes it impossible for employee to continue work.
i. Abusing the sick leave provisions.
j. Displaying an uncaring, hostile, belligerent or aggressive attitude towards students.
¨é Should employee give employer cause to dismiss the employee (as outlined above), or if employee willfully breaks his/her contract,
for reasons other than article 25.4 provisions, the employee will be paid by the number of days worked & held liable for all applicable
airfare costs, visa processing fees, medical exam benefits, provisions &/or bonuses (except for referrals) previously reimbursed
or paid for, by the employer.
¨ê Employee may terminate this agreement by giving one month¡¯s advance written notice:
a. If employer commits continuous disrespect, or negligence of his/her human rights
b. If employer fails to perform its obligations under this agreement. |
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| Article 26 (ALIEN REGISTRATION ID-CARD) |
With timely employee cooperation in providing employer with the necessary requested documentation (original passport, passport photo, signed application form, health form), the employer agrees to provide the employee with an Alien Registration Card (ARC) within one (1) month of the employee's successful passing of the E-2 required medical check.
Alternatively, employee may choose to process his/her own ARC at his/her own leisure. |
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| ARTICLE 27 (LEGAL ACTION) |
| If at anytime employee leaves employer without giving prior notice and without going through the appropriate procedures, employer has the right to pursue legal actions, for damages and attorney fees, against employee, as well as airfare, health check and visa processing fees and costs. |
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| ARTICLE 28 (GOVERNING LAW & JURISDICTION) |
This Agreement shall be governed by the laws of the Republic of Korea. Seoul Central District Court shall have exclusive jurisdiction over all disputes in connection with this Agreement.
This Agreement is conditional upon the receipt of :
¨ç Copies of all original documentation required by Korean law.
¨è E2 Work Visa from the Korean Consulate or Embassy.
¨é Successful completion of required medical tests and health check. |
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| Article 29 (OTHERS) |
¨ç Upon receipt of the above, this Agreement is made final and firm.
¨è Photocopies and faxed versions of this Agreement will be considered as valid as the signed original. |
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