Rules and regulations
Independent Contractor Teaching Contract
with ESITY s.r.o. (hereafter the term "Company").
Address: Račianska 88 B, 831 02 Bratislava, Slovakia
According to both Slovak and teacher's country laws and the regulations, Company, and Teacher, on equal and equitable terms, and on a voluntary basis, agree to sign this independent contractor contract, and to mutually abide by and respect the terms listed in this agreement.
1. The position and scope of work
1.1 The teacher's title is Online Teacher. According to the arrangements and instructions of the Company, the Teacher will provide English language instruction services to customers of the Company.
1.2 The teacher will accept the Company's class management and arrangements within set working times. The teacher will accept the Company's rules and regulations.
1.3 Excluding extraordinary circumstances rendering the teacher unable to teach, the Teacher is not permitted to prematurely terminate class.
2. Teaching rules or class cancellation
A: Punctuality
Every day for the first class teachers need to report their attendance in the admin group 10-30 mins before class starts. If the teacher does not report until 10 minutes before the lesson, our office will contact the teacher via skype, mobile phone or other agreed means. 1 € will be deducted from the teacher's payment for this action. If not reached, we look for another teacher and absence fees are applicable.
If there are 3 hours and more breaks between two lessons in one day, the teacher needs to report attendance to the Skype group for that lesson, too.
Teachers should be punctual for each lesson scheduled for them. They should be in an online classroom at least 5-10 minutes in advance (their video and microphone can be turned off). If the teacher is late, 10 % of the teacher's hourly salary per minute will be deducted as a penalty. If the teacher is late for more than 3 minutes, the class can be transferred to another teacher and 50 % of the teacher's hourly salary will be deducted as penalty.
Be punctual and show up during fixed-time. Check the class arrangements every day (There might be some changes).
B: Full 25 min or 50 min Lessons
The teacher can never leave the class earlier than after 25 or 50 minutes (according to the class length). If the teacher leaves earlier, 10 % of the teacher's hourly salary per minute will be deducted from his/her payment. If the teacher leaves class 3 minutes earlier or more, then there is no pay for this class.
C: Absence or Leave
The teacher needs to ask for leave at least 7 days in advance.
If the teacher cannot teach the classes and asks for leave less than 7 days in advance, 10 % of the teacher's hourly salary per affected class will be deducted as penalty.
If the teacher asks for leave less than 24 hours in advance, 30 % of the teacher's hourly salary per affected class will be deducted as penalty.
If the teacher does not come to the lesson without any notice to the company, 50 % of the teacher's hourly salary will be deducted as a penalty.
This applies also when the teacher is available but cannot teach the class due to his/her computer, facility or internet problems. If the teacher uses the wrong lesson PPT or wrong material, then the teacher will get half payment for this wrong lesson.
D: If student is late or absent
Students shall (but don't have to) book classes 7 days in advance. Any changes should be made 7 days in advance.
If a student cancels the lesson less than 7 days in advance, the teacher will be notified.
If a student cancels the lesson less than 24 hours in advance, the teacher will get 50% of the salary.
If a student is absent and does not come to the lesson with no notice or has internet or facility problems, the teacher has to contact the company and stay in an online classroom with video and microphone turned on for the full time of the lesson just in case the student appears. The teacher gets a full salary for this lesson.
E: Classes affected
If due to the teacher's facility or internet problems he or she has to cancel the booked classes, 50 % of the teacher's hourly salary per affected class will be deducted while the teacher won't be paid for the online time.
If the teacher uses the wrong lesson PPT then the teacher will get one warning and a half payment for this wrong lesson.
F: Complaint & Termination
If a teacher receives 3 or more complaints in a month regarding but not limited to the following class problems, possible termination or suspension will be observed, 10 % of teacher's hourly salary will be deducted for each complained class:
1. Punctuality or Lessons Less than 25/50 mins
2. Class affected due to absence or leave
3. Classes affected due to laptop /internet problems on teachers end
4. Unprofessional behavior such as eating, drinking or answering phone calls in class
5. Failure to use the teaching software proficiently
6. Using wrong teaching materials
7. Unsatisfying teaching performance
G: Teaching Evaluation
Teachers are supposed to strictly follow the teaching flow as required, and each month the teacher will be observed up to three times in class and feedback will be provided. If the teacher, after two reminders in a month still shows no improvement with his or her teaching, suspension or termination will be observed. Teachers will be evaluated according to our KPI system. If the teacher's Monthly KPI score reaches 95%, then the teacher will get an incentive (monthly payment ×5%) for the good performance. If the Monthly KPI score is below 80% for two consecutive months, there is the possibility of termination or suspension.
H: Rules and regulations
1. The teacher has to conduct his or her online lessons with appropriate clothes for teaching (formal clothes with sleeves are desirable).
2. The teacher has to check internet server, background and noise elimination.
3. ZOOM: Login Zoom on time at least 5 to 10 minutes before the class with video and microphone turned off, waiting for students and to check the student's name and teaching materials.
4. Report Class problems: to report the problems in the Skype group.
5. The teacher has to comply with the observation-evaluation-coaching and training to improve herself or himself.
6. The teacher has to follow the Standard Teaching Flow or teach according to the student's needs.
7. The teacher has to know that the lesson materials are designed for a specific English level of the students. She or He should be flexible and make adjustments to the student's particular level and interests.
8. The teacher has to ensure classes are as interactive and engaging as possible, she or he should offer a lot of opportunities for the students to speak. This can be achieved through having a related conversation, asking follow-up questions and allowing the students more time to expand their opinions and ideas about the topic in the questions.
I: Teaching Hours
1. Teacher should open at least 5 slots for lessons per week (30 or 60 minutes) for students to book classes.
2. The teacher is supposed to complete at least one semester's classes (3-4 months on average)
3. Compensation and benefit
3.1 Payment will be made through Paypal or other agreed way in Euros or Dollars (for example through our partner portals).
The teacher will be paid on the 10th of each month for all work completed the previous calendar month if there is no other agreement. It is the Teacher's sole responsibility to declare all earned income and pay personal income tax. The company will not assume any liability for any consequences related to not declaring personal income taxes by the Teacher.
3.2 The teacher acknowledges that he/she agrees to perform services solely as an independent contractor. The Company shall not be responsible for withholding taxes with respect to teachers' compensation.
3.3 Teacher can raise his/her hourly rate by 1 € when his/her teaching hours reach 100 hours. The rate does not change for existing students, only for new students who will come after the raise. The teacher needs to understand that this may change the number of students who will choose him/her since many students choose teachers according to their price. Teachers should start at lower rates because new teachers mostly deliver classes not paid by students; free classes for students who think about buying our services or they are choosing a new teacher.
4. Termination
4.1 Teacher must abide by the Company rules, and preserve sensitive, confidential, or proprietary business information. Any violation of Company rules and regulations will lead to appropriate punishment or employment termination.
4.2 The teacher acknowledges that (1) the information he/she provides during the interview and at employment is true; (2) the materials and certificates he/she provides are legal and valid. Any fraudulent information or materials will lead to compensation penalties or employment termination.
4.3 This contract will take effect for one year and will be valid when the teacher agrees.
4.4 If the Teacher wishes to terminate employment, he/she must give Company 30 days advance notice. A penalty of 20% of monthly pay will be deducted from Teacher's final payment if he/she fails to do so.
5. Other
5.1 Company may use photos and/or videos of the teacher on Company website and marketing materials and for commercial purposes. In the event the Teacher ceases employment with the Company, Company can still use images and videos of the Teacher for marketing and training purposes.
5.2 During classes Teacher should not discuss subjects (1) that are considered profane or illegal in either Slovakia or teacher's country (2) that breach copyright; or (3) seriously damages a person's reputation.
5.3 Any dispute arising out of the performance or in connection with the Contract shall be settled through friendly negotiation between Company and Teacher, where negotiation fails, the dispute shall be submitted to the Slovak Arbitration Court. The arbitral award is final and binding upon both parties.
5.4 Company and Teacher each have access to this contract.