Smart Brain, Nakhon Sawan Sawanwittee Road NAKHON SAWAN CONTRACT OF EMPLOYMENT The following contract has been made between "Smart Brain, Nakhon Sawan", Nakhon Sawan (hereafter referred to as "The Employer") and ************ (hereafter referred to as "The Employee") on the ************. 1. The Employer agrees to employ ************ to teach English language in the form and manner and under the terms and conditions as laid down in this agreement. 2. The contract is effective ************. The contract is renewable by mutual agreement; however both parties must clearly state their intentions one month before the expiry date of the contract in effect. 3. A 90-day probationary period will be employed. Upon exhaustion of the said period, both parties shall reserve the right to withdraw from the contract In such circumstances either The Employer or The Employee will be informed both orally and in writing at least one month prior to the expiry date of probation. In such cases The Employee will receive salary up to the point of termination of employment. 4. Should The Employee wish to terminate the contract outside of the probationary period, The Employee must give at least three months written notice. 5. This contract has been drawn up and executed in the English language, and the English text shall govern and prevail over any translation thereof. 6. This contract shall be interpreted according to the laws of Thailand. 7. The competent court in Nakhon Sawan shall have jurisdiction in regard to any dispute or claim arising out of, or in connection with this agreement. 8. The Employee will undertake not to claim any payment or other right in respect of redundancy or unfair dismissal on the grounds that the fixed term of this appointment has expired without it being renewed. 9. The Employee's salary will be paid on the last day of each month In the event of this falling on a Saturday or Sunday, it will be paid on the preceding Friday. Any payment made to the Employee may be subject to income tax, which will be paid at source. 10. The Employee shall be entitled to 20 days holiday every calendar year. Saturdays or Sundays which are taken as holidays are counted as two days holiday. In addition, most Thai National holidays will be respected. These are given in addition to normal holidays. Holidays cannot be carried over from one year to another but may be commuted to payment. The Employee is not entitled to take holidays during the six weeks of summer camp in March/April or the four weeks winter camp in October. 11. The Employee will agree to the terms, conditions and emoluments as laid down in the TACOS. 12. This contract will not be come into effect until ************ and will remain in effect twelve months from this date. 13. If the Employee or Employer should choose to terminate this contract or should the period of this contract be completed, the Employee agrees to not accept any teaching position in any other school or educational institution or otherwise in the province of Nakhon Sawan for a period of no less than 2 years from the completion or termination of this contract. The Employee understands and acknowledges that failure to comply with this stipulation will result in court proceedings being initiated against the Employee. 14. This contract will be subject to review and may be changed by mutual agreement, should The Employer make radical changes to its administration in the forthcoming year. Terms and Conditions 1 Salary 1. The Employee's starting salary will be 25,000 Baht a calendar month for the first three months probationary period. After this period, the salary increases to 27,000 Baht. The salary will be paid in Thai Baht and may be subject to local income tax. 2. Upon completion of the contract The Employee will receive a bonus of 24,000 Baht 3. Overtime: should The Employee wish to exceed contracted hours, The Employee will be paid a rate of 250 Baht per hour. 2 Duties and Responsibilities 1. The Employee will teach a maximum of 25 hours per week and a maximum of 7 periods (one period is 60 minutes) in one day. There may also be two hours of administrative duties which The Employee may be expected to take part in. This will involve helping students who were unable to attend classes catch up on material missed. In addition at least 20 minutes per period must be set aside for lesson preparation. The Employee will also be expected to undertake the maintenance of registers and the completion of a record of teaching. 2. Other duties may include placement testing, registration duties and preparing tests for students. The Employee will also be responsible for report and certificate writing for their respective students. 3. The Employee will be expected to attend staff meetings, teaching workshops or any other facility that The Employer feels that would be of benefit to The Employee or the improvement of teaching quality. 4. The Manager is responsible for establishing standards of performance relative to The Employee and is empowered to take whatever steps deemed necessary to assure those standards are met. 5. During the term of this agreement. The Employee will accept, obey and strictly comply with the instructions, supervision, and training of The Employer. 6. The Employee will undertake any teaching within the curriculum boundaries of The Employer both on and off site. Scheduling is at the discretion of The Employer. 7. The Employee will sometimes be expected to work off site. In such cases any travelling expenses incurred will be borne by The Employer. 8. The Employee may not incur expenses on The Employer's behalf nor commit The Employer to any expenditure without written authority. 9. The Employee will strictly adhere to and obey all laws, regulations, instructions and guidance from the Government of Thailand or officials thereof. 10. The Employee will be subject to a maximum of three classroom visits per annum by The Manager for evaluation purposes. 11 .The Employee must be at the teaching site at least 30 minutes prior to the first class starting. 12. The Employee will be expected to attend "outside school" camps. 13. Although The Employer considers this employment a full-time position. The Employee is permitted to teach private classes, both during and after school hours. The Employee should inform the school of any classes taught during normal school hours and The Employer will undertake to try to accommodate these hours in The Employee's schedule. 14. The Employee's first priority with respect to teaching shall always be to The Employer. 3. Sick Leave 1. The Employer must be informed immediately should The Employee be absent due to sickness. A message should be conveyed stating: Type of illness or accident Condition of The Employee Necessity to notify relatives An indication to the likely period of absence Summary of classes to be filled in Notification in advance of your intention to return to work 2. A medical certificate must be submitted. 3. The Employee is entitled to two days sick pay per year. 4. Unused sick leave cannot be commuted. 4. Unpaid Leave 1. Unpaid leave is discretionary. It is normally only given where there is a commitment to return to The Employer and where the reason is of mutual benefit. In the case of family bereavement or medical emergency, unpaid leave will usually be given. 5. Notice 1. The Employee will be subject to a probationary period of three calendar months commencing on the first effective date of the agreement. Should the contract be terminated within this period. The Employer reserves the rights to reclaim a reasonable proportion of any payment that it has made on behalf of The Employee, subject to the terms of the agreement Any outstanding unearned leave will be forfeit. In other cases The Employer will seek mutual agreement with The Employee. 2. The Employer solely reserves the right to dismiss The Employee giving no notice under the following circumstances: Frequent absence from the school without approval Clear or frequent neglect of duties or responsibilities Failure to respect school property and/or senior members of the teaching staff Criminal conduct on or off the premises Consumption of alcohol before or whilst teaching Gross misconduct or behaviour that would be harmful to The Employer or their reputation Manifest inability to perform the duties set out in the agreement Unseemly appearance/personal hygiene whilst teaching/performing school duties 3. The minimum notice required by The Employee for termination of contract is three months, 4. In the event that The Employee is dismissed for any of the above reasons set forth in (2). The Employer will bear no duty and shall not be obligated to pay any cost 5. If, after the probationary period and before the end of the contract. The Employee resigns from the school and fails to give the necessary notice. The Employee will indemnify The Employer for any damages that they may sustain. 6. The Employee does not undertake to use the name of the school for any commercial purpose, nor shall they represent themselves as an authorized representative at any time after exhaustion of the agreement. 7. Upon exhaustion of the agreement. The Employee undertakes not to make known to any competitor of the school any information or data that would be considered commercially sensitive. 6. Medical 1. The Employer will not assume responsibility for medical insurance of dependants. 2. The Employee is liable for their own insurance. 7. Fares 1. The Employer has no obligation to pay fares to and from the employee's country of residence or origin. 2. The Employer assumes no responsibility for repatriation of The Employee. 8. Documentation 1. The Employer undertakes to support and administer the legal process for employment, providing The Employee is in possession of the required entry visa and a recognised qualification. 2. The Employee will pay the cost of the visa and the cost of the work permit. 9. Dress. 1. The Employee will observe the code of dress whilst at school premises. 2. Male employees must wear a necktie, conservative shirt and long trousers. Female employees should wear a conservative-length dress or trousers and a smart blouse/shirt. 3. Shoes should be of a sensible nature. 4. Personal hygiene: Hair should be well groomed and tidy. Males with long hair should tie it back whilst at school premises. Fingernails should be kept short and clean. 5. The Employee is permitted to wear jewellery; however this should not be taken to the extreme, particularly with respect to adornments to the ears or nose. 6. Thai people are very appearance-conscious with regard to foreigners. Often The Employee will be judged on their appearance, manner and generally in the way they conduct themselves both inside and outside of class. Please bear this in mind. IN WITNESS WHEREOF, The Employer and ************ intending to be legally bound hereto have executed this agreement on the date first here in above indicated. OWNER DATE EMPLOYEE DATE WITNESS DATE Please press the browser 'Back' button to return to the school website.