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Conteact review/advice

Hi everyone. My girlfriend and I just got offered this contract. Please can you provide some advice. Specifically with regards to article 6 and 11. We spoke to foreign teachers from the school and they really sold us on it. One teacher was from our home town and university. We are fine with the probation period. Thank you.
The parties hereto (the “Parties”) covenant to comply with the labor laws of the Republic of Korea and the terms and conditions of this Agreement, and agree as follows:
Article 1: Training Period ① In order to render teaching services for XXXX (the “Company”), the Instructor must successfully complete XXXX’s training programs and obtain a training certificate issued by XXXX Learning, Inc. ② The employment relationship between the Company and the Instructor shall become effective upon successful completion of XXXX’s training programs and the training period shall not be included in the term of the employment agreement. ③ Matters related to the training period in this Article shall only apply to instructors who enter into an agreement with the Company for the first time.
Article 2: Term ① This Agreement shall be effective from March 2, 2020 to March 1, 2021 upon which this Agreement shall be automatically terminated. ② This Agreement may be extended upon mutual agreement of both Parties.
Article 3: Probationary Period ① An instructor who enters into this Agreement for the first time shall undergo a probationary period of 3 months commencing on the date of commencement specified in Article 2, and if the expiration date of the probationary period falls on a holiday, the following day shall be the expiration date. ② If, during, or upon expiration of, the probationary period, it is acknowledged that it is inappropriate for the instructor to continue his/her employment with the Company, the Company shall pay the instructor only for the number of days worked by the Instructor. ③ During the probationary period, the instructor shall be paid 100% of the total monthly wage. ④ Matters related to the probationary period in this Article shall only apply to instructors who enter into an agreement with the Company for the first time.
Article 4: Duties and Work Location ① Duties of the instructor shall include teaching and all other duties relevant to teaching. ② The instructor shall work at the XXXX branch. ③ The instructor’s duties and work location may subsequently be changed pursuant to the Company’s work requirements. The instructor shall comply with the Company’s personnel order unless there is a special reason not to.
Article 5: Working Hours and Rest Period ① The instructor shall, in principle, work eight (8) hours a day and forty (40) hours a week. ② Specific working hours will be arranged by the Company after consultation with the instructor. However, in the event of a disagreement regarding the schedule, the instructor shall teach according to the schedule provided by the Company. ③ The instructor may perform overtime, nighttime and holiday work in accordance with the Labor Standards Act.
Article 6: Compensation ① The Instructor's compensation will be the monthly basic salary KRW ONE MILLION EIGHT HUNDRED THOUSAND (1,800,000) and the extended salary KRW FOUR HUNDRED THOUSAND (400,000). The monthly salary includes the weekly day off allowance. ② When the instructor works more than the working hours specified in Article 5.1 (eight (8) hours a day and forty (40) hours a week), the instructor shall be entitled to overtime work allowance which is 50% more than regular wage in accordance with the Labor Standards Act. ③ The above amount shall be paid only when the instructor works the full prescribed working hours, and for hours not worked due to absence, tardiness, early departure, or other reasons, payment shall be made on a pro-rata basis. ④ The instructor shall keep his/her salary in strict confidence and agrees to be subject to any disciplinary action if he/she discloses such information to any other third parties.
Article 7: Airfare Reimbursement ① The Company shall reimburse the Instructor the airplane ticket (economy class) that the Instructor purchased to travel to Korea within the first paycheck, provided that the primary purpose behind the purchase of such ticket was to commence a contract with the Company and a proper receipt for the ticket is furnished. The maximum amount of the airfare for a one way ticket shall not exceed One Million (1,000,000) Korean won. Applicable Korean taxes will be deducted accordingly for the reimbursement. ② Matters related to the airfare reimbursement in this Article shall only apply to instructors who enter into an agreement with the Company for the first time.
Article 8: Housing The Company shall provide rent-free housing for the Instructor during the term of this Agreement. The Instructor will be responsible for utilities and maintenance fees, and any other fees associated with the housing during the term of his/her contract. In the event that this agreement is terminated by either party, subject to Article 12 below, the Instructor must vacate the premises within two (2) days of the last day of teaching. Any costs associated with Instructor’s failure to vacate the premises, including but not limited to rent payments, legal expenses, and attorney fees shall be paid by the Instructor.
Article 9: Methods of Payment of Compensation, Etc. ① The salary shall be calculated from the 1st day to the end of each month of the previous month and be paid on the 10th day of the month to instructor’s bank account; provided, however, that in the case where such date falls on a holiday or any other days on which banks are normally closed, the salary shall be paid on the proceeding business day. If the instructor did not start on the 1st of the previous month, then payment shall be made pro-rata. ② The salary shall be paid after deducting applicable taxes required by applicable laws. Article 10: Severance Payment If the instructor leaves the Company after at least 1 year of employment, the Instructor shall be entitled to severance payment in accordance with the Employee Retirement Benefits Security Act.
Article 11: Holidays and Leaves ① The Company shall grant the instructor one (1) day of paid weekly holiday if the instructor has fully performed his/her duties (classes) during a given week. ② Labor Day (May 1st of each year) shall be a paid holiday. ③ Annual paid leave shall be granted in accordance with the Labor Standards Act. ④ The Company may request that the instructor work on Saturdays, Sundays, other holidays, or beyond the prescribed working hours, if necessary, upon consent of the instructor. ⑤ If the instructor takes a holiday during the following, the Instructor shall be deemed to have taken his/her annual paid leave: A. National holidays and statutory public holidays under the Regulations on Public Holidays of Government and Public Offices B. During the Company’s vacation period C. There is no class during one (1) of the 6 days of the week excluding the weekly paid holiday
Article 12. Termination of Agreement ① The Company may terminate the instructor even during the term of this Agreement specified in Article 2 if causes for resignation or dismissal arise. ② If the instructor wishes to terminate this Agreement during the term of this Agreement, he/she shall submit a letter of resignation at least 65 days prior to the intended date of resignation, and in order to ensure continued education for the students, must continue to perform his/her duties until the Company accepts his/her resignation.
Article 13. Rules and Regulations Instructor shall comply with all rules and regulations of the Company, including the Rules of Employment.
Article 14. Governing Laws Matters not provided for in this Agreement shall be governed by the Labor Standards Act and other labor-related laws
submitted by BinneboutZA to teachinginkorea

Contract Review - Russia

DOCUMENT NUMBER ONE

  1. The Employee shall be employed by the Center at the position of English teacher without the probation period.

  1. This Labour Contract shall be the contract for the full time and is entered for the specified term.

  1. The work hereunder shall start on «__» ______________ 20__. The term of this Labour Contract shall expire on «__» _______________ 20__ (inclusive).

  1. The Employee shall:

a) meet the requirements of the labour discipline and internal regulations adopted by the Centre, perform job responsibilities specified in the qualifying requirements and job descriptions;

b) maintain confidentiality of information received in connection with job responsibilities, refrain from using equipment and training aids of the Centre for personal objectives or other educational institutions;

c) refrain from disclosure of information on issues which are the job and commercial secret of the Centre including monthly salary; refrain from tutor classes with students trained in the Centre;

d) refrain from transactions which involve using information received in the job which may affect commercial interests of the Center, irrespective of whether such transactions are entered by the Employee personally or through a third party;

e) participate in trainings held by the Centre and provide fulfillment of responsibilities at the position and adhere to the requirements stipulated by the applicable legislation on education and the Articles of Association of the Centre;

f) in proper time notify the management of the Centre on inability to work due to valid reasons which are specified as valid under the applicable legislation and do the work specified herein and in the timetable of classes.

5 The Centre shall:

a) provide conditions of safe and effective labour for the Employee;

b) equip the workplace pursuant to the Labour Safety Regulations and Techniques;

c) provide working hours registration;

d) pay the salary specified herein for the previous month not later than on the 10th day of each month.

  1. The salary of the employee is ___________ (net) per month. The Centre may provide benefits, bonuses and other additional payments provided by the Benefits Regulation adopted by the Centre.

  1. The Centre shall pay all necessary expenses incurred to acquire the documents for employment in the Centre including work permit, registration at the temporary residence place for the term of this Labour Contract. At that, the Employee shall submit to the Centre the passport, visa, immigration card, notarized (and signed) letter from the flat owner, one photograph of passport format, results for HIV test and other documents required for employment. In case these documents are not submitted in proper time, all the additional expenses shall be incurred by the employee.

  1. The second party will receive a paid holiday per 12 month agreement. For shorter (less than 12 months) agreements, vacation is pro rata. The Second Party must give three weeks notice of holiday.

  1. The work hours of the Employee shall be determined under the labour regulation adopted by the Centre and pursuant to the applicable legislation of the Russian Federation in the period from September, 1 till December, 30; in the period from February, 1 till April, 30.The working hours of the Employee are determined according to the part-time labour regulation approved by the Centre and the current legislation about the labour
of the Russian Federation in the period of January, 1 till January, 31; in the period of May,1 till August, 31. The payment for the work is calculated in the proportion to the total working hours per month.

  1. As the inflation increases the management of the Centre may raise the salary of the Employee. The inflation rate is taken on the basis of data provided by the Statistical Committee.

  1. If necessary the Centre arranges and holds trainings for its Employees.

  1. The Centre commits to maintain confidentiality of the information regarding the Employee kept in the accounting and personnel departments of the Centre.

  1. This Contract may be terminated in accordance with the applicable legislation of the Russian Federation on labour.

  1. If the Employee terminated this Labour Contract before its expiration, he or she shall reimburse to the Centre all the expenses incurred regarding payment of authorizations, insurance payouts, apartment rent ( including the agent commission) and other costs incurred by the Centre for the benefit if the Employee pro rata of the term of this Labour Contract:
Actual time of employment:

Expenses to be reimbursed:
- до 30%

100%
- до 40%

85%
- до 50%

75%
- до 60%

40%
- до 70%

30%
- до 80%

20%
- до 99%

10%
- 100%

0%
  1. In case of default or improper execution of this Labour Contract by the Centre the Employee shall be entitled to terminate this Labour Contract in accordance with the applicable legislation of the Russian Federation.

  1. In case of default or improper execution of his or her obligations by the Employee the Centre shall be entitled to subject the Employee to the disciplinary sanctions provided by the applicable legislation of the Russian Federation and the Labour Contract may be terminated on the initiative by the Centre.

  1. The material liability of the Employee for damages inflicted to the Centre and of the Centre for damages inflicted to Employee are governed by the applicable legislation of the Russian Federation.

  1. All disputes and differences under this Labour Contract and in connection therewith shall be resolved by negotiations. Should these negotiations fail, the resolution thereof shall be performed in accordance with the procedure stipulated by the applicable legislation on labour provided that the stipulated procedure of notifications and claims is observed.

  1. Two equally valid original copies of this Labour Contract are executed, one for each party.

DOCUMENT NUMBER 2

1.0 I fully understand the duties and responsibilities involved in the position. I am confident that I can undertake these duties in the best interests of school without causing harm to school and its business, and without creating any conflicts with the conditions of this agreement.

1.1 I understand that according to the laws of the Russian Federation the First Party ANO DO “_________________ School” represented by the General Director ______________. took all the responsibility to provide me with work, visa, insurance and legalization of my stay on the territory of the Russian Federation . I take all the responsibility for informing the employer about my travel through and out the territory of the Russian Federation. In different case my stay on the territory of the Russian Federation is illegal (late availability of the immigration card is meant)

1.2 Apart from this agreement, I have read, understood and promise to follow the Description of Responsibilities supplied to me by school and I have read, understood and promise to follow the code of conduct supplied to me by school.

Working Days and Working Hours:

2.0 A working week is five days (Monday to Sunday). Two days off are given per week agreed with a Director of Studies.

2.1 Working hours are 30 real hours per week of which up to 120 academic periods (40 mins) are compulsory contact teaching periods each month and the remainder are other duties as defined in the Description of Responsibilities. Among other responsibilities - preparation for lessons is implied. Calculation is based on a minimum of 40 minutes of preparation per group. Occasional substitution may be required to cover unscheduled absences of other teachers.

2.2 Working hours may be scheduled between 8.00 am and 10.00 pm Monday to Sunday. Hours are scheduled according to the timetable arranged by the School Director and/or Director of Studies.

Holidays:

3.0 The second party will receive a total of 7 days paid holiday per 12 month agreement plus usual national and public holidays where they fall during the period of this agreement. For smaller agreements (less than 12 months), vacation is pro rata.

National and public holiday dates are predetermined by the First Party. The Second Party must give three weeks notice of holiday.

Validity of Agreement and Termination:

5.0 This agreement is only valid as long as the Second Party has a valid visa and other necessary documents and permits according to the country where the Second Party's school is located and as long as the Second Party is in said country.

5.1 This agreement will start on __.___. 20___ г.

5.2 This agreement will end on ___.___. 20__ г.

5.3 If the Second Party leaves at his/her own request by resignation or breaches this agreement and is dismissed, the Second Party agrees to repay a proportion of any expenses incurred by the First Party on the Second Party’s behalf, such as legal documents, permits, agency fees, flights, outstanding rent on accommodation, loss of deposits on accommodation or goods, outstanding bills, tickets, or insurance. The proportion will be as follows:

Amount of Agreement period completed: Proportion of costs to be repaid:

up to 30% 100%

up to 40% 85%

up to 50% 75%

up to 60% 40%

up to 70% 30%

up to 80% 20%

up to 99% 10%

100% 0%

5.4 All loans taken by the Second Party from the First Party must be repaid to the First Party upon termination of the agreement.

5.5 In case of natural disaster, civil unrest or war all actions taken by the Second Party must be with the prior consent of the First Party. However, a written statement from the embassy only, advising its citizens to leave a particular town or region in the first instance or country in the second instance will count as sufficient reason for the second party to leave their school without breaching their agreement. In this case the first party will be responsible for transport costs to the nearest point of safety outside the town or region or country stated in the embassy's advice.

Insurance and Sickness:

6.0 In the case where the Second Party has a valid visa and other necessary documents, the First Party will cover the Second Party for the following medical and accident insurance purposes according to the First Party’s conditions, maximum compensation limits, and policies:

Medical & Accident Insurance

A. Emergency Accident and Medical Expenses
B. Home Repatriation

C. Accidental Death

D. Accidental Disability

6.1 Insurance cost is payable by the First Party for each condition.

6.2 All leave must be authorised by the School Director. All unauthorised leave will be counted as vacation and / or deducted from salary

Legal Documents:

7.0 The First Party will pay for and provide all necessary legal documents including visas and permits for the period of agreement. The First Party may remove and cancel all legal documentation when the agreement is completed and/or terminated. Passport, visa and ticket must be handed to the First Party for registration and processing.

7.1 Failure to hand required documents to the First Party on time for the obtaining of a city registration (which are: a) passport b) visa) may result in the Second Party being responsible for any extra costs incurred by themselves or the First Party and is obliged to reimburse them.

7.2 Failure to hand required documents to the First Party on time for the obtaining of a work permit (which are: a) one photograph b) copy of the passport c) copy of the registered visa d) address e) valid HIV test results f) copy of the notarised letter from the landlord) may result in the Second Party being responsible for any extra costs incurred by themselves or the First Party, the Second Party is obliged to reimburse them.

Reimbursement:

8.0 Authorised expenses which the Second Party wishes to reclaim from First Party and which the First party has given prior authorisation for will be paid to the Second Party upon successful completion of this agreement.

Financial Remuneration and Accommodation Allowance:

9.0 A salary of 105000 Rubles (net) per calendar month for the first academic year and for 0-120 academic hours each month. Hours over 120 will be paid at 500 Rubles (net) per academic period each month.

Operation agreement:

10.0 The following principles govern the operation of school, and in so far as their duties and authority permit, each school employee or agent is governed by the following principles:

All information including salary, bonuses, additional payment and teaching methods relating to school are confidential and are not to be made available to any third party at any time without the express consent of the First Party, including but not limited to operation manuals, educational brochures, text and resource books, computer materials, lists of names of past, present, and prospective clients and employees of school. They constitute school proprietary business information.

The Second Party agrees that he/she will use and disclose such information during his/her agreement with school only to the extent necessary to perform his/her job and that after his/her agreement with School has ceased, he/she will not disclose or duplicate any such information or materials, whether for his/her own benefit or any other person or organisation, and that he/she will return all materials to School without duplication immediately upon leaving School agreement.

The Second Party agrees to be responsible for the implementation of rules and regulations promulgated by the First Party and the Operations Manual in relation to the curriculum of studies directly handled by the Second Party; conducting the course of study assigned to, to the highest level of professionalism and in accordance with the policies set out by the First party; conducting him or herself to the highest order of decorum, both in dress and attire, and manners according to School codes.

The Second Party agrees not to disclose or discuss with anyone his/her salary and terms of the contract, including the other Native teachers.

To make patent and manifest all the foregoing, both parties set their signatures to this agreement:
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