И еще один образец контракта, без комментариев
Привожу текст контракта, предоставленный Владимиром Семеновым (Sima). Сам контракт также выложен на сайте в виде документа Microsoft Word: contract_example3.doc.
This AGREEMENT dated on the ________ month, _____ day ______ year is entered into between ____________________ and __________ with a place of residence at (hereafter referred to as Party B) who, in consideration of the mutual promises made below, agree as follows :
Article 1. (Employment)
Party A hereby agrees to employ Party B, and Party B hereby accepts employment as the Party A's Researcher.
Party B warrants that he has no legal problem working for Party A with respect to Party B's previous employment.
Article 2. (Duties)
Party B shall perform, as a researcher for the Party A, the duties assigned by the Party A including, but not limited to the details are determined and adjusted by mutual agreement.
Article 3. (Term)
This Agreement shall, unless earlier termination in accordance with other provisions hereof, remain in effect for the term of one(1) year beginning on ______ and ending on ________ .
The term can thereafter be renewed by mutual agreements.
Article 4. (Conditions)
1. Work Site
Party B is supposed to work in ______, Korea and it can be changed, if necessary, at Party A's option.
Party A shall treat Party B on the basis of this contract only and shall not pay any amount to Party B except the allowances specified in this Article 4.
As a monthly payment, Party A shall pay Party B, in equal and consecutive monthly installments a salary of _______ (A basic salary: ______, Pay according to ability: _______ ) on 21st of every month or following business day. Pay raise is done after a year with your signature and us on documents.
4. Incentive Bonuses
Party A shall give the amount of 100% of basic salary on following days to Party B:
1) The lunar New Year
2) Harvest Moon Day
* The method of pay & date follows the company rule
5. Personal Incentives
Incentives in amount up to three hundred (300) percent of Party B's basic salary twice a year. If Party A has decided to award the Personal Incentives, such the rate of Incentive will be determined based on the performance of Party B.
* Party B's appraisal shall be evaluated by Party A at fifth month after entering this company and Party A shall pay incentive to Party B at sixth month.
|1st Mon through 6th Mon||6th Mon.||300%||250%||200%||150%||100%||50%||0%|
|6st Mon through 12th Mon||12th Mon.||300%||250%||200%||150%||100%||50%||0%|
6. Renewal of the term
The term can be renewed one or two years by mutual agreement, But In case of Party B's poor performance (if Party B's review rated 'C' twice in a roll or 'D' one time), there's no renewal of the term.
7. Assistance for Celebration and Condolence
Party A assists financially for the celebration and condolence of all the employees even when they are in temporary rest from their work.
8. Expenses for Trip on Business
Party A assists for meal, lodging, transaction, communication in business trip.
* The method of pay & date follows the company rule.
9. hours of duty
Working hours cannot surpass 8 hours a day, 44 hours a week excepting for a break. But in case of overtime, Party A shall give the local transportation fee.
* The method of pay & date follows the company rule.
10. Solar-lunar Vacation
1) Party B shall have one-paid vacation day per month in case of the full presence during the previous month. Party B shall have ten(10)-paid vacation days in case of the full presence from March 1st till next February last day.
2) For the employee who has worked in this company more than 2 years, additional 1-day vacation is given every year.
3) For new employee, yearly holidays are calculated according to your actual working days between March 1st and next February last day.
4) Unused vacation days shall be decided by Party A's regulation.
11. Physiological Leave
For female worker, a monthly physiological leave is available.
1) Party A shall provide just Party B with a furnished Apartment of approximately 60 square meters (20 Pyung) shared by 2 people near the work site by the Party A's Housing Regulation. Selection of residence is entitled to Party A.
2) Party A provides Party B with furnishings. Selection is entitled to Party A. Telephone charges shall be paid by Party B.
3) The expenses for residence shall be paid by Party B.
Party B shall be provided Aviation Fee (Y-class), when Party B enters into Korea and returns to one's country ending of the term. If Party B moves with direct family (a wife and children), Party A shall pay Aviation Fee including direct family. But if this contract is ended because of Party B's infringement, Party A shall not pay any Aviation Fee.
14. Assistance For Family
1) This assistance is effective only for spouse and children.
2) Party A provides Party B's family with Air-fare, lodging, and korean domestic school-expenses when they move into Korea.
3) Standard for Air-fare is based on rule 13.
4) Lodging: 60 square meters (20-Pyung) of apartment is provided.
5) School Expenses : Party A provides school expenses for Party B's children (Domestic residence only) on the basis of regulation.
6) Support for Learning Korean Language is on Party A's rule.
7) Party A give a welcoming bonus(300,000 korean wons) to Party B when Party B arrives in Korea at the first time to work for Party A.
8) Period : This assistance comes into effect a year after entering company. This does not apply retroactively.
15. Medical Insurance
Party B and Party B's direct family who live in Korea shall be eligible for medical insurance under the same following conditions as are available for other employees of Party A.
1) An Amount equal to 50% of medical insurance premium shall be paid by Party A.
2) An Amount equal to 50% of medical insurance premium shall be paid by Party B. Party A may, therefore, deduct an amount equal to fixed rate (present rate:1.5%) of Party B's monthly payment every month, which is required under the law of Korean Medical Insurance, as a medical insurance premium paid by Party B.
3) Party A shall pay the full amount of an industrial accident insurance premium for Party B.
16. Medical Checkup
Medical check-up is held for foreign employees (excepting for spouse) in every 2 years.
17. Welfare Pension
According to the Law of the Republic of Korea, an amount equal to fixed rate(present rate: 2%) of gross monthly payment is evenly divided into 12 months and deducted from Party B's monthly payment every month, the same rate shall be deducted from the retirement allowance and the same rate shall be paid by Party A. But the accumulated welfare pension shall not be returned to Party B after the end of term.
18. Moving Expenses
Party B shall be provided Aviation Fee(Y-class), Moving expenses up to $1,000 each when Party B comes Korea from one's country starting of the term and leaves from Korea and returns to one's country ending of the term. But, Party B shall be responsible for the Customs tax.
19. Income Tax
Party B shall be responsible for the income tax imposed by Korean government upon the compensation, bonus, incentive and retirement benefit. (Income Tax free for five years.)
1) In case of abroad business trip, Party B will be paid the necessary expenses based on position as an Engineer According to Party A's regulation of business trip expenses.
2) Personal pension, Silver Pension, and Special-bonus is not applied to Party B.
3) When Party B visits his or her own country, at most 20 days are available from Solar-lunar holiday and summer vacation. Party A shall not provide Aviation Fee.
4) The others that are not referred to here shall be decided by Party A's regulation.
Article 5. (Welfare Conditions)
Party B shall be eligible for Party A's Gifts Plan and Medical benefit on Party A's rule
Article 6. (Service Regulations)
Party B shall be obliged to obey the Party A's regulations both in Korea and abroad while Party B works as an employee.
Article 7. (Confidentiality)
1. Party B should work for only party A not for the third party Party B also shall not use company information for his own purpose.
2. Party B shall not reveal and hand over the technical document and information, which is obtained from the Party A or other party related with Party A to, any other party without any written consent of Party A.
3. At the time of the retirement, Party B return Party A's all management-related secrets and informations.
4. Party B should not work at a competitive company of the same industry within one year without the consent of the company in which management and technical information can be used.
Article 8. (Assignment of Inventions)
Party B shall acknowledge that all outcomes made by himself during the term of his employment belong to Party A, and have duty to assign all outcomes to Party A.
Article 9. (Prohibition of Other Activities and Duty of Faithfulness.)
1. Party B shall not work or advise for any other company other than Party A, and shall observe all pertinent regulations existing or specified by Party A.
2. Party B shall mobilize his maximum experience and technology and shall be faithful to performing his duties given in the interests of Party A.
Article 10. (Termination)
Party A shall have the right to terminate this contract if Party B fails to perform his obligation or in case of break of this contract as follows :
1. Disobedience to Party A's order in working time and infringement on Party A's service regulations.
2. Intentional damages and/or explicit illegal activities to Party A.
3. Demoralization and losing its dignity in working time.
4. Illegal activities against Korean or foreign government law in Korea as well as abroad.
5. In case that Party B makes a false description on his career.
6. In case of Party B's poor performance (if Party B's review rated 'C+' or 'C' twice in a roll or 'D' one time)
7. Incase of absence for work more than three(3) business days without written approval.
8. Termination shall be informed in written application 60 days before.
9. Retirement Allowance : Party A shall offer Retirement Allowance under the Korean law in case that Party B work more than one(1) year. But in case that Party B work less than one(1) year, Party A shall not pay any amount. If this contract shall terminate by Party A's request before the end of the initial term, Party A shall pay amount up to Party B's monthly salary.
10. In case that something happens not to fulfill the contract.
Article 11. (Miscellaneous)
1. Other conditions not referred to this contract will be decided through mutual agreement in accordance with party A's regulation or general conditions and customs.
2. Any changes to this Agreement shall be valid only by affixing an addendum concerning articles to be revised or added.
3. Party B cannot transfer his right and obligation to the third party.
4. This contract shall be governed by the Law of the Republic of Korea.
To clarify this contract, Each parties shall make 2 (two) copies and after signing the contract each party shall keep 1 (one) copy separately.
|Party A||Party B|
|Position: President of ________ Co., Ltd||Address:|