Employess don't get paid sick pay cont.

[Mikepass]

For comparison I have posted a copy of a Korean Public School contract. It has been split into 2 post as it is too large for one. I hope this helps.



2007 CONTRACT FOR TEACHERS TO_________ SCHOOLS


This Employment Contract (hereinafter this “contract”) is made by and entered into between Principal of
elementary school province, the Republic of Korea (hereinafter “Employer”), and the native
English teacher, (Name) (hereinafter “Employee”) a (an) citizen residing at .

Article 1-1(Purpose) This contract is made for the purpose of setting forth the terms and conditions of employment for teachers who will teach English at an elementary school in ____________ city.

Article 2(Duties) Employee shall perform the following duties.
1. To teach English as an assistant teacher at an elementary school in _______ city.
2. To do lesson planning and develop teaching materials with a Korean co-teacher.
3. To be involved in extra-curricular classes, teacher training, or English camps requested by the school.
4. To be involved in other activities relevant to English teaching
5. To conduct English Conversational Class(es)/course(s) for Korean teachers, parents, and students
6. To be positively involved in English program at a Youth training center and a Community center designed by ________ city. (2 times a week, 20,000 won per hour)
7. To be participated with the English Camp for less than 2 weeks (from 09:00 AM~16:00 PM, M~F) during students’ vacation.
8. To perform other duties as designated by Employer.

Article 3(Supervision) Employee shall perform the duties specified in the foregoing Article 2 supervised by Principal of your host school designated by Employer (Superintendent).
Article 4 (Term of employment) The term of employment shall begin on , 2006 and end on February 2008.

Article 5(Airfare and Resignation)
1. The one way airfare for Employee’s flight, actual purchasing price, to Korea shall be reimbursed by employer based on an economy class airfare of the most direct flight available from his/her permanent residence to In-cheon International Airport.
a. Teacher residing outside of Korea: The Employer shall pay for airfare between the nearest international airport from the Employee's place of residency and a In-cheon International Airport in Korea. Airfare will be paid in the following fashion:
A one-way ticket to Korea will be reimbursed after Employee’s arrival in Korea and after the completion of the employment contract a one-way ticket to the airport of departure will be provided
b. Teacher residing in Korea: Teachers hired in country shall have the visa trip to the nearest country from Korea (round-trip airfare) reimbursed by the Employer. After the completion of the employment contract a one-way ticket to the Employee’s foreign residence will be provided.
2. If Employee should decide to resign during the Term of Employment, he/she must give Employer a sixty (60) day prior written notice of resignation stating a date of and a reason for resignation.
3. In the case of Employee’s resignation, the airfare for his/her return trip shall be borne by Employee, and his/her visa shall be cancelled.
4. In the event that Employee returns home before completing the contract for reasons beyond his/her control, the airfare for his/her return trip may be provided by Employer.
5. In case of the termination of this Contract within six (6) months, Employee shall immediately pay back 100% of the one-way airfare to Employer. If Employee works more than six (6) months during the term of employment, Employee’s obligation to pay back the airfare shall be waived by Employer.

Article 6(Work Place)
1.Employee shall work at a _____________ elementary school in Ui-wang city. Employee may work another place that designated by the Employer also.
2. Employer may designate Employee to work at a Provincial Office of Education, training center or other educational institute while school is in recess. In this case, Employee shall not claim for any additional pay.

Article 7(Work Hours)
1. Employee shall work eight (8) hours per day (including lunch hour) for five (5) calendar days per week from Monday to Friday and shall not work on Saturdays, Sundays and Korean national holidays.
2. The Work Hours of Employee may follow the normal work schedule of civil servants of the Korean Government; however, such Work Hours may be adjusted by Director as he/she deems appropriate.
3. Employee’s regular teaching hours shall not exceed twenty-two (22) hours per week. Employee may be asked to teach some extra classes. Extra teaching should not exceed 6 hours a week without Employee’s consent.
4. Employee shall be paid for the extra working hours. If Employee’s actual weekly class instruction hours exceed twenty two (22)hours, Employee shall be entitled to a supplementary class instruction pay of 20,000Won per hour. Contribution leave may be requested in place of overtime pay. Contribution leave will be calculated as one hour of paid leave for each hour of extra class taught. In case of contribution leave, eight extra classroom hours will be calculated as one day.


Article 8(Salary)
1. Employee shall be paid won per month. However, the Korean income tax(*exempted for the first two employment years with the exception of Canadians) and the national pension contribution (*refundable for only Canadian and US citizens) as required under Korean law shall be withheld each month from Employee’s salary.
2. Regarding status of employment: Employee shall be hired pursuant to this Contract as a ___1st level (Pay: 2.3 million won monthly) English Language Instructor(ELI)/___2nd level(2.0 mill)/___3rd level(1.8mill).
3. Employee’s salary shall be paid on the 25st of each month. If this day falls on a National Holiday, Saturday or Sunday, the salary will be paid on the immediately preceding business day.
4. When Employee has not worked a full month, salary for that month shall be paid on a pro rata daily basis either from the first day or until the last day of work.
5. If Employee should be absent from Work without a prior approval, his or her salary for that month shall be deducted by the amount calculated on a pro rata daily basis for the number of unauthorized absent days.
6. Upon completion of a one-year contract, Employer shall pay Employee thirty(30) calendar days, average wage as a severance pay for Employee’s continuous employment of one year.
7. Employee shall not claim against Employer any compensation and/or payment other than those provided for in this Contract.


Article 9(Contract Completion)
1. The Term of Employment stated in Article 4 may be renewed by a mutual written agreement between Employer and Employee, provided that each renewed employment term is one(1) year.
2. In the case of renewal of this contract pursuant to the foregoing 1, Employee shall be given a two-week (weekends and holidays included) home leave which is extra, beyond the 7days vacation. Home leave should be taken in the summer vacation just before or just after the contract year is up.
3. In the event Employee travels to his/her home country pursuant to the foregoing 2, Employee will be given a free round-trip ticket. The round-trip airfare for Employee’s flight shall be based on the rate provided for in 4 hereafter. In the event employee does not travel to his/her home country pursuant to the foregoing 2, Employee will be given the amount of money equivalent to the round-trip airfare to the different location (expense of this travel fare must be less then the fare of homeland visit) he or she may embark to during their home leave period or if member decides to stay in Korea during this period, the employee will be given the amount of money equivalent to the round-trip airfare to their homeland..
4. The round-trip airfare for Employee’s home leave shall be loaned by Employer based on an economy class air-fare(less than 75% of the regular price) of the most direct flights available from Incheon to the airport nearest to Employee’s residence.
5. If Employee completes the Term of Employment without the intention to renew and leaves Korea within 10 days from the expiration date, Employer shall pay for Employee’s one way return flight.

[Mikepass]

Korean Public Schools contract part 2:

Article 10(Housing)
1. Employer shall provide Employee with housing. All efforts will be made to provide an apartment within walking distance of the school.
2. Housing selected by Employer may be, including but not limited to, a leased house, one room studio, or an apartment. Any and all fees, charges, costs, taxes, expenses, etc. incurred in using the housing shall be borne by Employee.
3. Employer may provide temporary housing until the appropriate housing for Employee becomes available. If Employer is not able to provide housing for Employee(or if Employee decides to find housing on their own), Employer shall provide Employee with 300,000 Korean won per month, as a rent subsidy, in lieu of the housing set forth in the foregoing 1.
4. Employer shall decide whether to provide Employee with housing or a rent subsidy. Once decided, Employer’s decision shall not be subsequently changed during the Term of Employment.
5. If Employer provides housing to Employee, Employer may provide appliances and furniture (confer appendix 1). Employee shall not request or demand any other appliances or furniture than those provided by Employer. Employee shall take the responsibility for the maintenance and repair for the appliances and furniture provided by Employer.
6. Employer will provide Employee with 300,000 Korean won as settlement money after his/her first contract is signed. Employee must spend the money to buy basics of life other than those set forth under Article 10, item 5.
7. In case of the termination of this Contract within six(6) months, Employee shall immediately pay back 100% of the settlement money to Employer. If Employee works more than six(6) months during the term of employment, Employee’s obligation to pay back the settlement money shall be waived by the Employer.

.
Article 11(Other Benefits)
1. Employer shall provide Employee with medical insurance pursuant to The National Medical Insurance Act of Korea(The National Medical Insurance Act states all government employees will be liable for 50% of costs and premium). If Employee has his/her dependents living with him/her in Korea, Employer will also pay for medical insurance premium for them.

Article 12 (Paid Leave)
1. Employee shall be entitled to a paid leave for a total of 4 weeks (Calendar day) during the term of the employment. Paid leave may be taken at any time school is not in session, and must be approved by Director at least 15 days in advance.
If Employee renews the contract, up to 7 days of unused yearly paid leave may be carried over to the new contract period. This carried over paid leave may be used in the new contract period, but it may not be carried over into any subsequent contract period.
2.During school winter and summer break, Employee may be asked to participate in special classes or English camps, up to 20 classroom hours per week (normal salary, no additional stipends).

Article 13(Sick Leave)
1. Employee shall be entitled to a paid sick leave if an illness or injury prevents him/her from performing the duties under this contract, provided, however, that he/she obtains Employer’s prior consent.
2. When Employee takes a sick leave for more than three (3) consecutive days (inclusive of a National Holiday, Saturday and Sunday), Employee shall submit a medical doctor’s report to Employer.
3. Employee’s paid sick leave during the Term of Employment shall not exceed seven (7) calendar days. If Employee requires a sick leave for more than seven (7) calendar days, Employee may take a longer sick leave without pay.

Article 14(Special Leave)
1. Employee may take a Special Leave for a number of days as set forth below for each of the following events;
a. Seven(7) consecutive calendar days for Employee’s marriage.
b. Seven (7) consecutive calendar days for the death of Employee’s parents or spouse; five (5) consecutive calendar days for the death of Employee’s child.
c. Ninety (90) calendar days for a female employee’s maternity leave.
d. In case of a damage to Employee’s residence in a natural disaster: the period Director deems necessary according to the degree of damage.
e. If Employee is prosecuted for involvement in a criminal offense, Employer has the authority to put Employee on a prosecution leave.
f. Special Leaves specified in items 1-a,1-b, and 1-d are available with pay. However, the ones specified in item 1-c and 1-e shall be available without pay.

Article 15(Office Regulations and Restrictions)
1. Employee shall faithfully observe his/her Director’s requests on his/her duties defined in Contract.
2. Director shall evaluate Employee’s performance of official duties.
3. Employee shall devote his/her full working hours and occupational attention to the defined duties in these terms and conditions, except for cases specially provided.
4. Employee shall not damage or tarnish the reputation of the teaching profession. Employee shall comply with and observe any codes of conduct acceptable for Korean teachers.
5. Without Director’s permission, Employee shall not be employed or involved in other paid business (including a part-time job).
6. If Employee has a contagious disease or other illness as set out in the following items, Director may prevent Employee from performing duties.
a. The fear exists that Employee with a contagious disease is not taking measures to prevent the spread of the disease.
b. The fear exists that labor will significantly worsen Employee’s disease from which Employee suffers.
c. Employee is affected by a disease as determined by the Ministry of Health and Welfare.
d. Item a to item c are to be paid for.

Article 16(Termination of the Contract)
1. Employer may terminate or cancel this Contract upon occurrence of any one of the following events;
a. If Employee violates the laws of the Republic of Korea.
b. If Employee fails to perform or unsatisfactorily perform any of the duties stipulated in this contract.
c. If Employee fails to perform continuously his/her duties for more than a week without any excuse.
d. If any of the information provided in Employee’s application is neither true nor accurate.
e. If it is determined that the Employee is prevented from or incapable of performing his/her duties set forth in Article hereof for a medical reason, whether it is a physical or psychological ailment.(If requested by Employer, Employee must be immediately available for a medical examination.)
f. If the sick leave used by Employee pursuant to Article 13 hereof exceeds thirty (30) days.
2. In the event that this contract is terminated pursuant to the foregoing 1, Employer shall pay Employee a pro rated salary based on the number of days Employee actually worked. In this case, Employee shall be responsible for his/her return trip to his/her home country. Employee’s visa will subsequently be cancelled.
3. In the event of termination of this Contract pursuant to any of the provision set forth in the foregoing 1, within 6 months of this contract Employee shall immediately refund the loan(airplane fare) to Employer according to Article 9, item 4. After 6 months of continuous employment, the employee is not required to repay this loan.
4. If Employee is sentenced to a term of imprisonment (or any other more severe penalty), Employee shall automatically be dismissed and Employer will not provide any financial compensation.

Article 17 Matters not explicitly stated in the Contract shall be determined by Employer by taking Employee’s concerns into consideration.

Article 18(Indemnity)
1. Employee shall be responsible for and protect Employer from any liability or damages arising from or in relation to any negligent, faulty, or illegal activity during the Term of Employment under this contract. For safety deposit, 300,000 Korean won per month will be deducted from Employee’s salary for the first 3 months of employment until it amounts to a total of 900,000 Korean won(unless Employee finds their own housing). Married couples who are both employed by GPOE, sharing living accommodations, may only be required to pay 1/2 the cost a person.
2. Employer shall check the leased facilities and financial matters arising from the use of them by Employee before the Term of Employment is completed. If any liability or damages are found, these shall be confirmed in written form by Employee, who will be indemnified from the security deposit pursuant to the foregoing 1. In the case of the insufficient security of indemnity pursuant to the foregoing 1, Employer shall demand further compensation. In the case of protecting Employer from any liability or damages, Employee shall get refunded the whole amount of money secured in advance before the termination of the contract.

Article 19 (Attending the training program)
1. Employee shall complete an orientation conducted by _________ city immediately after the commencement of the Term of Employment provided under Article 4 hereof.
2. Employee has to attend an orientation workshop sponsored by the ________ Provincial Office of Education.


Article 20 (Governing Law, Language and Venue)
1. The terms of this contract and the rights and obligation of the parties hereto shall be construed, interpreted and determined in accordance with the laws of the Republic of Korea.
2. The Governing language of the contract shall be Korean. The English translation of this Contract is made for the purpose of convenience.
3. If a dispute or disagreement should arise in connection with or out of this Contract, the parties hereto shall first try to resolve it in accordance with a principle of good faith. However, if the parties fail to mutually resolve such disputes or disagreements or come to amicable settlements, their disputes or disagreements shall be finally resolved by arbitration of the Korean Commercial Arbitration Board.

Article 21(Signature) In witness whereof, the parties hereto sign the Contract in triplicate on the date entered below with each party retaining one copy and submitting the third copy to an immigration office for Employee’s visa application.