www.feinschule.co.kr   

FEINSCHULE ENGLISH INSTITUTE EMPLOYMENT AGREEMENT

Effective             , 2009

The institute (FEINSCHULE ENGLISH INSTITUTE), wishes to engage the service of the Instructor, as an English Instructor.  The two parties, in a sprit of friendly cooperation, agree to sign to this contract and pledge to fulfill conscientiously all the obligations stipulated in it.

1.	CONTRACT PERIOD

The contract is valid for the period of one year and is effective from                    until          2010.
In the case that the beginning date of the contract falls before the legal entry date (as recognized by the office of Immigration of the Republic of Korea) the one year will begin on the day of your first workday.

2.	PLACE OF EMPLOYMENT

(1) The Employer shall, at his of her discretion, designate the work place.  The Employer shall not engage in other jobs, including part time work or private tutoring during their employment period without the Employer’s agreement.

(2) The Employee may be designated to another branch if the employer requests. The employer will provide means of transportation to the employee where traveling to a different branch is required.

3.	WORK HOURS AND OVER-TIME WORK

(1)	The workday of the Employee starts on Monday and ends on Friday, 120 hours per month.  Daily teaching hours are 6 hours per day.  However working hours is flexible in accordance with the institution’s schedule and in this case both parties must mutually agree. 

(2)	When the Employee and the Employer reach a mutual agreement about working overtime, and the Employee does so, the Employer must pay the Employee for working overtime, according to Article 6 Clause 3.

(3)	The Employee shall be paid with the mentioned salary in this contract even if the Employee works less than 120 hours per month due lack of classes.

(4)	The Employee must attend staff meetings and workshops, which are not held during working hours however this will not be considered as working overtime. These staff meetings will occur once a month and will be considered as workshops.

(5)	Classes and teaching will be scheduled in accordance with the needs of the Employee.

4.	EMPLOYEE’S DUTIES

(1)	The Employee shall observe the Employer’s work system and regulations concerning administration of foreign experts and shall accept the Employer’s arrangement, direction, supervision and evaluation in regard to her/his work without the Employer’s contract.

(2)	The Employee must to try to act with dignity as an English teacher.  The Employee must act in this manner during the whole time that the Employee works for the Employer. The Employee shall comply with the laws, regulations and rules of Republic of Korea and shall not be involved in any illegal activities that might damage their visa status and the reputation of the Employer.

(3)	The Employee must observe her/his class schedules. Furthermore, the Employee shall attend an orientation, training program, and staff meetings and prepare for their classes as required.

(4)	The Employee shall use only teaching materials provided by or recommended by the Employer. The use of supplementary materials is encouraged, but only after the Employer gives prior approval. The Employee shall submit the next month’s teaching plan at the end of every month.

(5)	The Employee can be required to interview new students and evaluate their placement level.

(6)	The Employee shall not reveal any information regarding her/his class to any other person or to other institutes.

(7)	In the event that a dispute arises, both parties shall try to resolve it amicably with understanding of different cultures and customs.

5.	EMPLOYER’S DUTIES

(1)	The employer shall provide the Employee with full support. The Employer shall respect the Employee’s dignity and try to keep their relationship harmonious with the Employee.

(2)	The Employer shall pay the salary, as stated in this contract, and in case the Employee requests teaching materials, the Employer shall support these with utmost efforts.

(3)	The Employer acknowledges the differences of cultures and customs between the two parties. The Employer shall help the Employee to settle into their new residential and working surroundings. If Employee has any trouble such as sickness and/or accident, the Employer is responsible for assisting the Employee.

(4)	The Employer shall not infringe on the Employee’s privacy. In case the Employee brings disgrace on the Employer, the Employer shall have the right to ask the Employee to correct the situation.

(5)	In the event that a dispute arises, both parties shall try their best to resolve it.

6.	COMPENSATION

(1) The Employee shall be paid 2.2 million won per month for the regular working hours on, or before the       of each month.  A deposit will be held by the Employer for the first 10 working days of employment.  The first salary shall be paid according to the workdays the Employee worked.  The last utility fee that is not paid by Employee shall be deducted from the last salary.

(2) If the Employee has not worked the regularly scheduled hours due to tardiness, absence and etc, the monthly salary will be calculated using a daily rate or hourly rate.

÷Daily rate: Monthly salary divided by workable days of the month multiplied by the actual worked days. 
÷Hourly rate: Daily rate divided by six

(3) Overtime shall be paid per hour and paid with salary on the payment day. The overtime rate is 20,000 Won per hour.

(4) When the Employee completes the contract without any problems, the Employer must pay a severance payment equal to a month’s salary.  If the Employee does not complete the contract then this payment would not be given.

(5)The tax for severance payment and salary must be paid as it is stated in the Korean Tax laws. All wages are to be paid in Korean Won to the Employee’s designated Korean bank account.

7.	INCOMETAX AND MEDICAL INSURANCE

(1)	Income tax shall be withheld from the salary at a rate 4% in accordance with Korean Tax Law. The Employee shall be provided with receipts.

(2)	The Employee shall be covered by medical benefits under the Korean Medical Insurance Union, Government Health Organization. Half of the premium shall be paid by the Employer with the other half paid by the Employee. The Employer shall deduct the 50% of premium from Employee’s salary for her/his portion of the monthly premium and a receipt shall be provided to the Employee.

8.	HOUSING

(1) The following furnishings are provided; bed and sheets, wardrobe, table, chair, TV, refrigerator, laundry machine, basic cooking facilities and basic cleaning tools. 

(2) Monthly utilities for electricity, water, gas, oil and Internet are the Employee’s responsibility. Furthermore, all the expenses regarding her/his meals are also the Employee’s responsibility.

(3) The Employee shall be responsible for the maintenance of the apartment, furniture and equipment. Any damage is the Employee’s responsibility.

(4) Upon the completion of this contract, the overdue fee for monthly utilities for electricity, water, gas, oil and Internet shall be deducted from the last month’s salary.

9.	AIR FARE

(1)	The Employer will prepay the flight to Korea.

(2)	If the Employee does not complete the contract then the Employer will not pay for the airfare back to their home country.

(3)	The Employer will pay for an economy class ticket back to the Employee’s home country upon completion of contract.

10.	PAID VACATION AND PAID SICK LEAVE

(1)	The paid vacation shall be 10 days in accordance to the Employer’s annual schedule, . National Holidays, Saturdays and Sundays shall not be included in the paid vacation.

(2)	The Employee will be paid for all national holidays and not be expected to work during these days.

(3)	With the exception of entitled paid vacation and sick leave, in the case that the Employee is absent, the Employee’s monthly salary will be deducted according to Article 6 Clause 2.
(4)	The employee is entitled to 2 days paid sick leave.

11.	RENEWAL OF CONTRACT

(1)	The Employee must give the Employer a 60-day notice in writing before renewal or non-renewal of the Employee’s current contract.

(2)	Both the Employer and the Employee reserve the option to renew the contract.

12.	TERMINATION OF CONTRACT

(1)	Both parties will give at least 60-day notice in writing prior to the termination date of the contract and the Employer retains the right to terminate the contract immediately if:

-The Employee is unable to discharge the responsibilities or meet the conditions such as being late for class on a continuous basis;
Continuous failure to keep regularly scheduled class hours and repeated absences from classes without a valid reason.

-The Employee teaches off the Employer’s property.

-The Employee uses illegal drugs or is intoxicated during work hours.

-The Employee participates in any type of criminal activity that corrupts public coral which violates the laws of the Republic of South Korea.

(2)	The Employee shall terminate this contract in the event the Employer does not follow this contract as stated herein, or in the case that the Employer assaults the Employee in a verbal, physical, and/or mental way. 

13.	MODIFICATION OF CONTRACT

(1)	In case there are any changes and/or modifications to the contract, both parties must gives 30 days prior written notice after mutual agreement between both parties.

(2)	Any changes and/or modifications made must in writing 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.

14.	VENUE FOR DISPUTES BETWEEN EMPLOYER AND EMPLOYEE

The appropriate laws of the Republic of Korea will govern this contract. However, while both parties enter into this agreement with total honesty and integrity, disputes may sometimes occur. In such cases, 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, they must do so in accordance with EMPLOYMENT CONTRACT herein. Upon such termination, both parties will agree to remain civil and to speak honestly and fairly about their experiences and not in a disrespectful manner.

15.	TRANSFERAL OF CONTRACT

Under no circumstances can the Employer exchange, give, sell or transfer this contract or the services of the Employee to another party or Institute without the written consent of the Employee.

16.	LANGUAGE OF CONTRACT

The Language of this contract is written in English. For the convenience of the Employer, this contract may be translated into Korean upon request and prior to the signing of these documents. In event of a dispute, the English version of this contract will prevail.

17.	MISCELLANEOUS PROVISIONS 

(1)	The Employer and the Employee agree that they have read the entirety of this EMPLOYMENT CONTRACT and no other verbal agreement statement or promise made on or before the effective date of this contract will be binding on the parties.

(2)	The Employer and the Employee will act in good faith toward each other. The Employer will not dismiss the Employee without reasons that are reasonably considered as a good cause and the Employee will do their utmost to satisfactorily fulfill all the responsibilities and meet all the conditions as described in the above agreement.

(3)	This contract is in duplicate on the date stated at the end of this contract. The Employee retains one copy and the Employer retains two copies.

The following Employment Agreement is made between the following two parties.

              Employer                             Teacher

               Date                              Date