Encore Bucheon School

EMPLOYMENT CONTRACT

The following contract is an employment agreement between the employer: Encore English Institute whose address is 604 Ho, 6th Floor, Hojung Plaza ,1138 Joong-Dong, Wonmi-Gu, Bucheon-Si , Gyunggi-Do, South Korea (hereinafter referred to as the “employer”) and Ms Camille Boore, citizen of New Zealand_(hereinafter referred to as the “employee”). 
         
Employee Nam:    Camille Boore               Passport#:  

Employer Name:    Mi-Ra Lee    		Title: Director

The contract is made and duly signed by both of the parties, intending to be legally bound, under the terms and conditions as set forth below:

This contract subjects the employer and employee to the following conditions and terms:

1. Validity of Contract
The employer agrees to hire the employee to fulfill the position of English Language Instructor. 
This contract is entered into for the position of an English Language Instructor and all duties thereof for a duration of one year from the day the employee starts his/her duties included in the contract or by agreement between the two parties. 

2. Period of Employment
The employer will employ the employee during the period:

From: Date: January 4th 2009	                                     To: Date: January 3th 2010	  

The employee agrees to discontinue residence in Korea under the visa status sponsored by employer within five days of completion of this employment.

3. Salary
A monthly salary of  ___________ Won will be guaranteed for teaching 30 hours of total teaching per week. Additional time taught by the employee in excess of the required time a week will be paid at a rate of 22,000 Won per 60 minute class. Teaching salary will commence from the first day of teaching. Monthly salary payments will be made on or before the 10th day of the month following the month during the employment services were provided.
Attendance at scheduled staff meetings and workshops (which is mandatory - no pay) cannot be considered as overtime. Salaries are paid once a month on the last day of the month.
In the event that the employer cannot provide employee with basic teaching hours, the employer will still pay the employee the above-mentioned basic salary per month.  In such a case, however, the employee may be required to make English interviews with students who wish to enroll or perform other administrative duties in place of teaching hours. Working hours will be 9:40a.m. ~ 6:00p.m. Preparing classes, interviewing students and attending teacher’s meetings which will not be consider as over time. The instructor’s working hours shall be determined by the School’s schedule. However, the teaching schedule can be changed during winter session (5weeks) and summer season (5 weeks) because of the school’s special classes due to the students’ vacation. During this intensive season, if the employee teaches more than 30 hrs/a week, the employee is guaranteed to receive overtime payment of 22,000 Won per hour.
4. Taxes
Taxes and deductions in compliance with Korean Law shall be withheld automatically from the employee’s monthly salary. The deductions will include income tax, residence tax, pension and medical insurance, worker’s accidental Insurance, if any, from monthly and severance payment. 

5. Medical Insurance
	The employee will be covered by medical benefits under the Korean Medical Insurance Unions, the Government Health Organization. The cost of this coverage will be borne half by the employer and half by the employee. Payment will be made by monthly deduction from the employee's salary. 

6. Pension
Pension will be deducted from the monthly salary. (The current rate is 4.5% out of wages per month however the rate may be changed according to government policy)

7. Completion Bonus (Severance pay)
Upon completion of the full 12 months of employment by the employee, the employer will pay the sum of ____________ Korean Won for the completion of his/her contract. The sum of the severance pay will be paid on the last day of his/her working day by the employer, along with the final month’s salary pay.

8. Airfare
Employer will provide for employee an economy class ticket for passage to Korea from an international airport which is mutually agreed to by employer and employee (henceforth referred to as point of departure-in this case, Dunedin, NZ). On completion of the full contract period, employer will provide for the employee an economy class ticket for passage from Korea to point of departure. Air tickets provided, in this agreement, cannot be transferred to persons other than the employee however may be changed to the cash equivalents for the convenience for the employee. Employer does not agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air tickets which are not used by employee.

9. Class time and days
   The employee shall be required to work (stay in the school) Monday to Friday (9:30a.m. ~ 6:00p.m.) . The employer will attempt to make classroom teaching hours consecutively, but such will depend upon the amount of students the institute is able to provide. While the employer will endeavor to set a regular schedule for the employee, the employer reserves the right to change his/her schedule at any time with one day notice only on the occasion that the time change is required for the equal opportunity for the employees of Encore  and to fulfill customer needs.

10. Paid annual leave and Holidays
The employee will receive paid vacation for 10 working days during the contractual period. (Vacation dates will be given by the employer and will be confirmed on the annual school calendar, this year 5 days in the summer, 5 days in the winter.) All Korean holidays (National Korean Holidays) will be observed.  
Employee will be eligible to receive up to 3 days of paid emergency or sick leave, only when all necessary documents are provided. In case of the sick leave and emergency leave, the teacher should provide the institute with as much advance notice as possible. The above leaves will be included in the period of medical care compensation according to Article 78 of the Korean Labor Standard Law. However, if it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purposes, related costs shall be subtracted from the following months pay. 

11. Visa Sponsorship
The employer is responsible for sponsoring and acquiring the one-year E-2 teaching visa and alien card
necessary to be legally employed as an English Teacher in Korea as well as to be able to open a Korean bank
account. 
12. Housing
a. Rent-free Accommodations: The employer will provide the employee with a rent-free apartment or studio (depending on the situation at hand) with a kitchen and a bathroom. The employer will make every effort to accommodate the employee with an apartment within walking distance of the Institute.

b. Items included with Accommodations: All the following items are provided, free of charge, to the employee by the employer during this contract period: cooking utensils (frying pan, pots, spoons, bowls, plates, forks.), television set, dining table set, single bed, bed linen, closet, refrigerator, air-conditioner, and any other necessities for the accommodation that are agreed to by the employee and the employer.
c. Utility costs: Utility costs (water, gas, electricity, cable TV monthly service charges, internet, and maintenance fees cost) of the rent-free accommodations will be paid by the employee. In the case of shared apartment, costs will be shared by both teachers. 

d. Security Deposit: For the first 3 months, the Employer will collect 150,000 won per month deposit for utilities and phone charges even if the teacher pays these charges each month. This deposit will be refunded one (1) day after the completion of this contract. 

13. Training Period
The employee will be on the payroll from the date of his/her first teaching day. During the orientation period the employee is required to be at the school making lesson plans and learning about the school system. The employee will participate in a training period prior to teaching any classes, in which teaching methods will be demonstrated via training and observation. The Institute's books, materials, facilities, and equipment will be reviewed. Ongoing workshops and staff meetings will be held throughout the term; the employee’s attendance is mandatory and is not to be included as over-time hours. The training period is no more than 3 working days. During this period the employee is paid 50,000 Korean Won as wage per day.

14. Open Door Policy
The employee is encouraged in all areas of his or her working relationship with the Institute to offer to the management his or her suggestions and recommendations for the improvement of the Institute and its incentive system. The employer will observe an “open door” policy for suggestions and any complaints or concerns.  The employee is expected to follow the chain of command in making such suggestions and problems known.  If at any level the employee is dissatisfied, he or she may then proceed to the next highest level to voice his or her concern, up to the Director of the Institute.

15. Non-disclosures and Non-competition Agreement
While still in the employment of the employer’s institute or after resigning, the employee must not make any information public that he or she obtains from the employer’s institute or develops for the Institute.  The teaching techniques, books, and materials of the employer’s institute are proprietary and are to be protected as intellectual and copyrighted material. In no way are the employees to engage in private tutoring or to be employed by another institute during his/her contract period (unless given permission to do so by the Institute beforehand).

16. Duties of the employee 
   The employee shall cooperate and comply with the instruction and training of the director and shall carry out such assignments as directed. These may include: 
a.	EFL (English as a foreign language) instruction in any and all phases of the Institute’s program of classes that range from toddler to all ages
b.	Curriculum implementation, teaching plans and reports
c.	Preparation of teaching materials
d.	Out-of-classroom activities for/with students
e.	Students’ evaluation (to interview new students and evaluate their placement level)
f.	Attendance at teachers' meetings/workshops (every Monday and Thursday)
g.	Any form of physical punishment by the employee will not be tolerated.
h.	The employee shall prepare and organize his/her classes diligently and provide homework on a regular basis
i.   Check the students’ work with a color pen.
j.   Evaluate the students’ performance (ex: Pop Quiz, Mid-Term, Final-Term, Book Report, Speech contest, Spelling Bee) at the end of each semester and report findings to the director of studies in writing
* Field trip (out of classroom activity), presentation, picnic, open classes, related activity can be scheduled on Saturday. However, there will be no more than 2 days school opened on Saturdays per year.

17. Dress code 
  At all times during the term of this contract, the employee will dress in attire conducive to teaching. At no time will a female employee wear short length skirts or what may be deemed as too provocative from the perspective of acceptable Korean professional dress codes.

18. Resignation
  In case of voluntary resignation, employee must announce his/her resignation to employer before 2 months.
If the employee wants to terminate the contract before the contracted date, the employee will reimburse to the employer for fees i.e. airfare.

19. DISMISSAL 
    The employer and employee agree that this agreement is fully legal and binding under the laws of the Republic of Korea and may be terminated by the employer at any time should one of the following conditions arise:

a.   Violation of the laws of the Republic of South Korea
b.  Criminal and other conduct inside or outside the place of employment that would, in the opinion of the “employer”, seriously jeopardize any students or staff person, or the reputation of the “employer”. 
c.   Teaching classes while under the influence of drugs or alcohol 
d.   Being late for class on a continuous basis 
e.   Continuous failure to keep regularly scheduled class hours 
f.   Repeated absences from classes without a valid reason 
g.   Clear and frequent neglect of duties under this Contract 
h.  Undertaking any teaching duties or employment with any persons or organizations 
     other than Encore English School without prior written approval from the 
"employer" of the specific employment contemplated by the "employee". 
    i.  According to a doctor’s diagnosis, the Employee can not continue normal work.

The "employee" shall be received a verbal or written notice from the "employer" 
under the following conditions.  Beginning from the day of warning, the "employee" 
will be given twenty working days in which the "employee" must make every effort 
correct problems. Failure to correct problems within the given days will be cause for immediate dismissal: 

a.   Unprofessional behaviors and demeanor 
b.  Improper instructor presentation during class. 
c.  Using improper language during class 
d.   Using corporal punishment including pinching, hitting, and severe yelling 
e.   Frequent unprepared and unsatisfactory lesson plans 
f.   Repeating same lesson plans to same class 
g.   Frequent misplacing and losing teaching materials 
h.   Disobeying any instructions given by the Academic Supervisor / Director.

In addition, in the case of a teacher who is dismissed before eight (8) months, he/she must pay back the amount of airfare (or the school may deduct that amount from the teacher’s last month’s pay).
Teachers are not allowed to teach private classes outside of the Institute without the permission of the employer. Such action constitutes grounds for immediate dismissal. In that event, the employer will not pay the teacher the return ticket or the severance payment. Such cases will be determined by the director and may lead to one (1) verbal warning and/or immediate dismissal. The institute shall have the right to terminate this contract if the instructor violates the contract or fails to conduct him/herself in a professional manner. At least two weeks termination notice will be given to the instructor in such a case. In this case, the institute has no duty to give the severance pay bonus and return airfare to the instructor. 

 20. Infringement of copyright
  The employee should agree not to infringe on the Institute’s legal rights of ownership to the teaching materials, including textbooks, audiovisual materials (tapes and videos), and sub-materials employees may have helped create or produce during the contract period.

21. Governing Laws and Jurisdictions
This contract shall be interpreted according to the internal (domestic) laws of the Republic of Korea. The competent court in Seoul, South Korea, shall have jurisdiction in regard to any dispute or claim arising out of or in connection to this contract. 
Both parties have read the above conditions and agree to the terms in good faith and will attempt to resolve any dispute in a reasonable manner. All decisions that cannot be resolved by the two parties above will be solved in accordance with Korean Civil Law.

22. Medical Test
The employee must take the medical test as it is a compulsory to obtain the alien card.  If  the employee
fails on the medical test, this contract is automatically terminated.

Name printed                                          Name printed

       Mi-Ra Lee                                       
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Employer                                                      Employee

Signature                                               Signature

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