This is a sample of a typical ESL teacher contract.
This does not represent the contract you will receive, but will only give you an idea of some of the things you may find in your contract.
This EMPLOYMENT AGREEMENT has been made this by and between; SCHOOL ; a Korean company having its address AT AN ADDRESS IN KOREA (hereinafter referred to as “employer”); and TEACHER NAME _, a citizen of TEACHER COUNTRY whose domicile is at TEACHER ADDRESS, (hereinafter referred to as “employee”).
Employer and employee, in consideration of the mutual promises and covenants contained herein, agree as follows:
1. Employee accepts employment from employer to teach the English language under the terms and conditions set forth here in this agreement for a period of full and consecutive teaching sessions. Employment commences from the first day of orientation and finishes on the last day of the teaching session covered under this agreement. Contract period is from / / to / /
2. The “Place of Employment” is at the address above. Employee may be required to teach outside the place of employment. In such case, employee will be reimbursed for travel expenses incurred beyond those expenses normally incurred in travel from the employee’s home to the place of employment.
3. Terms of Agreement
3.1 Employee agrees to discontinue residence in Korea under the visa status sponsored by Employer within five (5) days of termination of employment. *(YOU WILL EITHER GO HOME OR TO A DIFFERENT JOB, SHOULD YOU NOT RENEW WITH SAME EMPLOYER).
3.2 Period of employment of employee beyond that covered by this agreement must be agreed to by employee and employer, in writing, at least three months before the expiration of the term of this agreement.
4.1 During the term of this agreement, the employee will be required to prepare for, teach, and carry out all required administrative duties connected with classes assigned by the employer. No regular schedule of work hours can be guaranteed to employee. Employee agrees to attend meetings and training workshops scheduled by employer.
The purpose of meetings and workshops is to inform employee of matters relating to employee’s duties and the institute’s operation, or to assist in employee’s professional development. No payment in excess of or in addition to employee’s monthly salary will be made for attending meetings or workshops scheduled by employer.
4.2 To meet the minimum teaching requirement of this agreement, the number of regular teaching hours will be 30 hours per week.
The number of scheduled teaching days does not include Saturdays and Sundays, public holidays, scheduled vacation days. As well, break time is not included in the teaching hours.
4.3 Teaching hours – refers to the amount of time spent in the classroom only. This does not include preparation time, staff meetings, breaks, orientation etc.
4.4 The employer will have the authority to require employee to perform any classroom duties in excess of the minimum teaching requirement (such as hereinafter called “overtime”). Only teaching hours in excess of the minimum teaching requirement and approved by the employer are considered overtime. Employee will be paid at the rate of 20,000 Korean Won for each teaching hour of overtime.
4.5 At all times during the term of this agreement, employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be, established by employer for the conduct of employee or generally for the conduct of instructors at the place of employment.
4.6 Employee agrees to dress appropriately at all times when teaching or when present on the premises of the place of employment and to follow the advice, directives and policies of employer regarding what constitutes appropriate dress.
4.7 Employee understands and agrees that, at all times, during the term of this agreement, employee will strictly adhere to and obey all laws, regulations, provisions, instructions, and guidance from the Government of Korea or any local government or officials thereof.
4.8 Employee agrees to be present at the place of employment at least an hour before the commencement each day’s allocated teaching schedule to allow time for organization of teaching materials and preparation for the day’s lessons.
5. Compensation and Other Treatment of Employee
5.1 Transportation: Employer will provide round trip 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). Employer will provide employee’s one-way economy class ticket to depart the home country to go to Korea at the beginning of the contract. The return one-way economy class air ticket will be provided at the time of termination of contract. In the event that the employee continues employment under a subsequent employment agreement with employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s). Air tickets provided cannot be exchanged for cash equivalents 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 which are not used by employee.
5.2 Orientation and Training: Shortly after arrival in Korea, employee will be required to undertake orientation and training intended to provide employee with the requisite familiarity with institute operation and policies and to ensure that employee possesses adequate knowledge and skills related to duties of employment.
5.3 Salary: Employer will pay employee as compensation for instruction services rendered a monthly salary of 2.0 million Korean won for each month of the contract period with employer. “Month” and “Monthly” refer to a session (4weeks) of the calendar. Salary will commence from the first day of teaching. Payment for part of a month of employment will be calculated on the number of days employed. Payment of the aforesaid salaries will be made in South Korean Won. The taxes and the insurance including Korean income taxes and Korean National Pension Scheme deductions will be withheld. Monthly salary payments will be made on or before the tenth day of the month following the month during which the employment services were provided.
5.4 Bonus Payment: Dependent upon completion of the full (1 year) contract period, the employee will be given an additional 2 million Korean Won full salary as a year-end bonus. Tax will be withheld. In the event that the employee does not renew or extend employment under a subsequent employment agreement with employer, this payment will be made at the time of completion of the contract period.
5.5 Holidays and Vacation: Employee will be entitled to observe public holidays and receive vacation days during the contract term according to a yearly schedule provided by employer before the commencement of the year to which the schedule refers. There are at least twelve (holidays and vacation) in each calendar year (January – December). Public holidays and vacations can only be taken as scheduled and are paid regular wage for these days with no additional deductions.
5.6 Absence from Duties: Salary is not maintained when employee is absent from teaching duties. In the event that employee is absent from duties for whatever reason, monthly salary will be reduced according to the length of the absence. Reductions will be based on basic salary rate. Transference of teaching duties by employee to persons other than employee is not possible without the permission of employer. (Sick leave is paid)
5.7 Sick Leave: Employee is permitted up to 3 days of paid sick leave per year. Unused sick leave may not be taken as annual leave.
5.8 Medical Insurance: Employee may be covered by medical benefits under the National Health Insurance Cooperation , a Government Health Organization or another insurance company. The costs of this coverage will be borne half by employer and half by employee. Payment will be made monthly deduction from employee’s salary, at Present 1.5%, and a like amount contributed by employer. Coverage commences on arrival in Korea.
5.9 Accident Compensation: In the event that employee sustains injuries from natural disaster or fire during the course of normal work duties, the employer agrees to pay all medical and hospital costs in accordance with the medical insurance law of Korea. But in the event that employee sustains injuries from an accident outside the course of normal working duties, or as the result of prior sickness, disorder or mishap, the employee understands and agrees that employer will have no responsibility for, nor obligation to pay medical or hospital costs.
5.10 Employer will select and provide furnished living accommodation for employee. The accommodation may be in a two or three-bedroom apartment, or in a two or three-bedroom house. Apartment with two bedrooms are shared by two employees. Apartments with at least three bedrooms may shared by three employees. Each employee will have a private bedroom and will share a kitchen and bathroom.
6. Dismissal or Voluntary Resignation
6.1 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, including neglect of duties. Prior to any such dismissal, employee will be warned in writing of dissatisfaction with performance or conduct and will be afforded an appropriate period in which to remedy the same.
6.2 Employer will have the right to dismiss employee for conduct seriously jeopardizing any student or staff person, or for criminal activity. In such instances, employer has the right under this agreement to execute immediate dismissal and no warning nor time for remedy need by allotted.
6.3 In the event that the employee is dismissed and in the event that the employee breaks this contract prior to the termination of the term of this agreement, employer will be obligated to pay all salary due to date of termination. Employer will have no duty and will not be obligated to pay the cost of return transportation to point of departure for employee, nor will employer be obligated to pay any severance pay. Furthermore, employer will be entitled to withhold the cost of airfare provided for travel to Korea and the housing deposit.
6.4 In the event that war, civil disturbances, or political conditions prompt a directive from the government of the Republic of Korea or the government of employee’s citizenship to leave Korea, this employment agreement will be terminated as of the date of such directive. In such case, employer will provide to employee an air ticket to point of departure, irrespective of length of employment period.
7.1 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer. Failure to comply with this article is cause for immediate dismissal.
7.2 Employee hereby agrees, covenants, and undertakes that he/she will not disclose teaching materials, syllabus details, or any other information relating to the academic program, whether verbally or in written form, to individuals or corporate entities not employed by employer.
7.3 Unless agreed to in writing, the employee understands and accepts that the rights to use, sale, distribution, or publication of all original material produced by the employee during the course of employee’s employment, and for which the employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of employer.
8. Indemnification Clause: Employee will indemnify and hold harmless employer and employer’s representatives from any damages which employee may sustain, in any manner, through the misconduct or negligence of employee.
9. Governing Language and Jurisdiction: This agreement has been drawn up and has been executed in the English language; and the English language text of this agreement will govern and prevail over any translation thereof. This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement. Employer and employee have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, employer and employee have appended their signatures.