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Is my International school contract more suspect than a 7 pound note?

Discussion in 'Pay and conditions' started by Phillips78, Feb 19, 2011.

  1. Hi All,

    I recently handed in my notice (mid feb) in the first year of a 2 year contract (I gave them a term and a half notice) at an international school in South East Asia (thailand) and they told me I had broken contract so must lose my July and August pay, repay my flights, pay any recruitment costs to replace me and lose my no sick days bonus! I think thye are being unreasonable based on what it said in the contract which is: "
    <font size="3" face="Times New Roman">Both you and the School have the right to cancel or terminate the employment contract provided</font><font size="3" face="Times New Roman"> that one notifies the other in advance at least one term.
    As you will appreciate, we do expect that overseas -hired teachers will fulfil their full
    contract. However if you have to withdraw from your contract earlier, you are required to give at
    least one term's advance notice in order to allow the r ecruitment of a replacement for the position
    being vacated. We must not allow our students to suffer from having no teachers.
    </font><font size="1" face="Times New Roman">24
    </font><font size="3" face="Times New Roman">If you wish to be released without a full term&rsquo;s advance notice, you must give notice to The
    </font><font size="3" face="Times New Roman">Principal in writing as soon as possible. Whether approval is granted or not, you may still have to
    bear the cost of recruiting a replacement as well as the unearned portion of your air fare(s) and
    resettlement allowance. You may also have to forfeit any deposit on off -campus housing rental.
    Teachers who are unable to complete their contract period are not entitled to the July and August
    salary. The particular circumstances of your breaking contract could affect your school reference.
    </font><font size="3" face="Times New Roman">If you have given one term&rsquo;s notice, you will continu </font><font size="3" face="Times New Roman">e to receive your salary and allowances until</font><font size="3" face="Times New Roman"> your last day of work. You will not be charged for the recruiting cost of your replacement. But
    you will not be entitled to the July and August pay and allowance or sick pay bonus. The unearned
    portion of your air fare and relocation cost will be deducted from your last pay.
    For those teachers on returning long term contracts, they have the right to announce their
    resignation mid contract for the next academic year no later than the contract renewal confirm ation
    date (first day of Term 2) of the present academic year. A resignation after this date is considered
    as breach of contract. Where a 2 year contract renewal is linked to a specific management
    responsibility (as agreed at appointment) then any withdraw al mid contract would be considered a
    breach of contract.
    Teachers who sign a contract for the next academic year and then resign within the current
    academic year are considered in breach of contract.
    In cases when the School notifies the termination of your contract one term in advance, you will be
    entitled to the earned portion of July and August pay and allowance, and pro rata sick pay
    bonus. You will not be deducted the unearned portion of your air fare & relocation expenses. In
    addition, the returning air fare will be provided.
    </font><font size="3" face="Times New Roman">If you fail to give one term&rsquo;s notice this will be regarded as a serious breach of contract which may
    </font><font size="3" face="Times New Roman">affect subsequent career prospects.

    What do you think?
    Should I fight them or not?
    Any help with this much appreciated
    </font>
     
  2. Hi All,

    I recently handed in my notice (mid feb) in the first year of a 2 year contract (I gave them a term and a half notice) at an international school in South East Asia (thailand) and they told me I had broken contract so must lose my July and August pay, repay my flights, pay any recruitment costs to replace me and lose my no sick days bonus! I think thye are being unreasonable based on what it said in the contract which is: "
    <font size="3" face="Times New Roman">Both you and the School have the right to cancel or terminate the employment contract provided</font><font size="3" face="Times New Roman"> that one notifies the other in advance at least one term.
    As you will appreciate, we do expect that overseas -hired teachers will fulfil their full
    contract. However if you have to withdraw from your contract earlier, you are required to give at
    least one term's advance notice in order to allow the r ecruitment of a replacement for the position
    being vacated. We must not allow our students to suffer from having no teachers.
    </font><font size="1" face="Times New Roman">24
    </font><font size="3" face="Times New Roman">If you wish to be released without a full term&rsquo;s advance notice, you must give notice to The
    </font><font size="3" face="Times New Roman">Principal in writing as soon as possible. Whether approval is granted or not, you may still have to
    bear the cost of recruiting a replacement as well as the unearned portion of your air fare(s) and
    resettlement allowance. You may also have to forfeit any deposit on off -campus housing rental.
    Teachers who are unable to complete their contract period are not entitled to the July and August
    salary. The particular circumstances of your breaking contract could affect your school reference.
    </font><font size="3" face="Times New Roman">If you have given one term&rsquo;s notice, you will continu </font><font size="3" face="Times New Roman">e to receive your salary and allowances until</font><font size="3" face="Times New Roman"> your last day of work. You will not be charged for the recruiting cost of your replacement. But
    you will not be entitled to the July and August pay and allowance or sick pay bonus. The unearned
    portion of your air fare and relocation cost will be deducted from your last pay.
    For those teachers on returning long term contracts, they have the right to announce their
    resignation mid contract for the next academic year no later than the contract renewal confirm ation
    date (first day of Term 2) of the present academic year. A resignation after this date is considered
    as breach of contract. Where a 2 year contract renewal is linked to a specific management
    responsibility (as agreed at appointment) then any withdraw al mid contract would be considered a
    breach of contract.
    Teachers who sign a contract for the next academic year and then resign within the current
    academic year are considered in breach of contract.
    In cases when the School notifies the termination of your contract one term in advance, you will be
    entitled to the earned portion of July and August pay and allowance, and pro rata sick pay
    bonus. You will not be deducted the unearned portion of your air fare & relocation expenses. In
    addition, the returning air fare will be provided.
    </font><font size="3" face="Times New Roman">If you fail to give one term&rsquo;s notice this will be regarded as a serious breach of contract which may
    </font><font size="3" face="Times New Roman">affect subsequent career prospects.

    What do you think?
    Should I fight them or not?
    Any help with this much appreciated
    </font>
     
  3. Piranha

    Piranha Star commenter

    They seem to be treating you as having a management responsibility. If this is true, I don't think you have a case, (althoug the contract is hard to understand) unless you could claim that your contract is unfair. I assume this would be decided under Thai law.
    BTW, isn't it taking a bit of a risk being so specific? Anybody from your school who knows the situtation would be able to identify you.
     
  4. littlerussell

    littlerussell New commenter

    Seems pretty clear to me, the only point in dispute would be that they should not be charging for recruiting your replacement.
     
  5. Piranha

    Piranha Star commenter

    Assuming that this is a first contract and not a renewal, in which case the confusing stuff that follows could come into play, they can only charge you for the unearned portion of your relocation and air fare, not all of them. However, you could still be faced with the problems inherent in a legal battle on a foreign country. All the same, if I were you, I would stand up for my rights.
     

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