Employment Contract

Part 5. Practical Templates of Employment Contracts

Ⅰ. Employment Agreement Sample (Type A)

Ⅰ. Type A

Employment Agreement

AAA Corp. (the “Company”) and BBB (the “Employee”) enter into this Employment Agreement (this “Agreement”) as set forth hereunder.

Article 1 【Responsible Duties and Location of Work】
The Employee shall work from _____, 2021 (“Commencement Date of Employment”) at the direction of the Company as below and the Employee's responsible duties and location of work may subsequently be changed by the Company pursuant to the Company's work requirements.
1. Responsible Duties: Head of Site Reliability Engineering
2. Location:
A. Seoul
B. Work From Home: Home and etc.

Article 2 【Probationary Period】
The Employee’s probationary period shall be three (3) months from the employment commencement date; provided, however, that, the probationary period may be omitted, shortened, or lengthened if deemed necessary or appropriate by the Company. If the Employee is found unsuitable for continued employment during or upon the expiration of the probationary period, this Agreement may be terminated without any advance notice and additional compensation, in which case, the Company shall pay the Employee the salary only for the number of actual days worked.

Article 3 【Performance】
The Employee shall observe and perform in good faith the matters as set forth in this Agreement and the Company’s regulations and instructions.

Article 4 【Salary】
① Annual salary shall be x,000,000 KRW.
1. Monthly salary shall include a meal allowance and weekly holiday allowances, and other allowances may be paid, if necessary.
② The salary shall be calculated from the first day to the last day of every month and be paid on the 25th day of that month either directly to the Employee or to the Employee’s bank account designated by him/her; provided, however, that, in the event where the date of payment falls on a Saturday or a public holiday, the salary shall be paid on the preceding day. The above payday may subsequently change in accordance with the Company’s policy.
③ In the event of new employment, promotion, transfer, separation, etc., the settlement amount shall be calculated on a prorated basis from the date of such appointment.
④ The details regarding salary and retirement benefit shall be in compliance with the Rules of Employment (the “ROE”) and other regulations of the Company; provided, however, that, the Company reserves the right to modify the details and terms thereof when necessary.

Article 5 【Performance Bonus, Etc.】
The Company may provide the following at its discretion pursuant to its policy.
1. Performance Bonus: The Company may determine the payment of annual incentive and compensation for long-term service depending on its internal situation.

Article 6 【Paid Annual Leave】
① The Company shall grant the Employee annual leave pursuant to the ROE of the Company and the Labor Standards Act; provided, however, that, annual leave for the concerned year shall be granted in advance on the first day of the fiscal year (January 1 every year) (granted on a prorated basis if the Employee joined in the middle of a fiscal year), and the leave balance shall be settled based on the annual leave accruals upon separation from the Company.
② The Employee agrees that if he/she used annual leave in excess of the number of leave days granted, an annual leave allowance for the excess days shall be deducted from the settlement payment or salary upon separation from the Company.
③ Other matters concerning leave and holiday shall be governed by the ROE.

Article 7 【Working Hours】
① The Employee shall be subject to the Selective Work Hours System and be allowed to choose his/her working hours within the scope agreed upon by the Company and the representative of the Employees.
② Where it is difficult to calculate working hours as the Employee is working from home, he/she shall be deemed to have worked the contractual working hours or the hours as agreed upon by the Company and the representative of the Employees.
③ Recess time shall be from 12:00 (noon) to 13:00; provided, however, that, it may be adjusted depending on the Company’s business needs, jobs, or seasons.
④ The weekly holiday shall be every Sunday, and if necessary for business purposes, the Company may specify a holiday or day-off to replace it with a normal working day, and the Employee shall agree to the arrangement.
⑤ The Company, if necessary, may request the Employee to work on Saturdays, Sundays, or other holidays, or outside the contractual working hours.
⑥ The Employee, if planning to work overtime (extended/night time/holiday), shall obtain the Company’s approval in advance.

Article 8 【Deduction of Cafeteria Charge, Etc.】
The Employee requests that the Company deduct from his/her salary in-house café and cafeteria charge, training expense (training fee the Employee applied for will be borne by him/her if he/she fails to complete the course), internal club membership fee, expenses for purchase of Company goods, ID card re-issuance fee, personal expenses charged on corporate credit cards, and other amounts confirmed by the Employee and shall agree on such deduction.

Article 9 【Termination of Agreement】
① The Company may terminate this Agreement if there is a reason for dismissal attributable to the Employee.
② The Company may terminate this Agreement in the case where the Employee’s provision of service hereunder conflicts with or is constrained by any prior employment or consulting agreement, etc.
③ In the event of termination of this Agreement pursuant to Paragraph 1, the Employee hereby agrees to cooperate with the Company in executing any and all procedures necessary for the termination, and the Employee agrees and acknowledges that he/she will not make a claim against the Company for money and valuables of any kind such as pay and bonuses, other than that specifically provided for in this Agreement.

Article 10 【Non-Solicitation】
The Employee shall not, during his/her service with the Company and for a period of one (1) year following separation from the Company, directly or indirectly solicit or induce any employee of the Company or its affiliates to leave the Company.

Article 11 【Confidentiality, Non-Competition and Invention Assignment Agreement】
The Employee shall execute the separate Confidentiality, Non-Competition and Invention Assignment Agreement as a condition of his/her employment with the Company.
Article 12 【Data Protection】
① The Employee agrees that in order to collect and preserve accurate data on his/her service, the Company may record, keep, and process his/her personal data, and this data may be recorded, kept, and processed in computer files, hard copy, or other forms.
② In the event where it is reasonably necessary for the Company to disclose this data to others in connection with the Employee’s service or the business of the Company, the Employee agrees to the recording, processing, use, disclosure, and transfer of his/her personal data by the Company.

Article 13 【Compliance】
The Employee agrees to comply with all laws and rules and the regulations of the Company and regulatory authority or agency.

Article 14 【Severability】
① Each of the restrictions under this Agreement shall be construed as a separate and independent restriction, and if one or more of the restrictions (or any part of them) is found to be void or unenforceable, the validity of the remaining restrictions shall not be affected.
② In the event that any of the provisions is found to be void or unenforceable, the parties agree that they will negotiate in good faith to replace any such provision with a suitable substitute provision which will maintain as far as is possible the purpose and effect of this Agreement.

Article 15 【Absence of Conflict with Obligations】
With regard to execution and performance of this Agreement, the Employee acknowledges that he/she does not have with a third party any conflict of obligations that contravenes or affects this Agreement or a prior agreement (employment agreement or consulting agreement/relationship, etc.) that goes against the interests hereof.

Article 16 【Governing Law and Dispute Resolution】
This Agreement shall be construed and interpreted in accordance with the laws of the Republic of Korea, and any disputes in connection with this Agreement shall be subject to the exclusive jurisdiction of the Seoul Central District Court.
Article 17 【Entire Agreement】
This Agreement expresses the entire agreement of both parties with respect to the terms of the Employee’s provision of service to the Company, and any prior oral or written agreements or arrangements shall be null and void. No modification or amendment of this Agreement, and no waiver of any provision hereof may be made unless such modification, amendment, or waiver is set forth in writing and signed by the parties hereto.

Article 18 【Others】
The Employee agrees that all matters, which are not provided for in this Agreement, are governed by the relevant Company regulations including the ROE, and the Labor Standards Act and other applicable laws and regulations.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement and keep each one (1) copy hereof.

Date: {{CANDIDATE_SIGNATURE_DATE}}

Company
Company: AAA
Signature: {{CANDIDATE_SIGNATURE}}
CEO
Employee
Name: BBB
Signature:

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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