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Leaving International school with 3 month probationary period

Discussion in 'Teaching overseas' started by Mr. Numb, Aug 30, 2017.

  1. makhnovite

    makhnovite Occasional commenter

    Oh rod, rod, you poor soul?

    You are also getting your threads mixed up, the one where you rant about high prices in HK is the other one. And your still missing the point - many expat teachers don't want to eat in Central or TST, that's tourist country, most expat teachers, especially those with chldren, DO live outside the downtown areas, where you can live cheaaply and they do want to eat Chinese food. And what is wrong with eating Chinese food, I am not sure I like the inference there?
     
    Last edited: Sep 6, 2017
  2. february31st

    february31st Occasional commenter

  3. Fer888

    Fer888 Occasional commenter

    I would really consider carefully before handing in your notice and also check your contract carefully. As others have said it is often stated you will need to repay the costs incurred by the school by bringing you over. A good point was made about talking to colleagues to see if this is a regular occurrence by the manager.

    I would also add that the first few weeks and months are very daunting for teachers new to overseas teaching and so you maybe a little oversensitive- (of course I was not there when you were told off and I also agree that to do so in public was very unprofessional)

    Good luck with what you decide and keep us informed as to what happens
     
  4. Alldone

    Alldone Established commenter

    I thought Musikteach (Rod) was in Korea. Has he moved to China?
     
    sabrinakat likes this.
  5. yellowsubmarine1

    yellowsubmarine1 New commenter

    you can't leave duRing a probationary period. It's you who is under observation not the school.
     
  6. stopwatch

    stopwatch Occasional commenter

    I have worked in a school where, if you read the fine print,the probationary period is mutual.
    That's not to say that there wouldn't be financial penalties, or certain things would be withdrawn - eg flight home if you left.
     
  7. yellowsubmarine1

    yellowsubmarine1 New commenter

    Utter tripe. A probationary period can NOT be mutual. If it is it's stupid! The idea of a probationary period is for your employer to see whether you can perform the job you applied for and are a suitable person for the job.NOT THE OTHER WAY ROUND, Employers don't like employees who scarper within 3 months of starting a job. I have seen contracts where you can leave if you give notice yes but international schools want 6 months notice.
     
  8. february31st

    february31st Occasional commenter

    All contracts in China fall under Chinese labour law and yes you can leave in your probation period. No matter what it says in your contract chinese law comes first.

    It is permitted to leave you job/contract with giving 20 working days notice, as our chinese staff do constantly.

    Any efforts to recuperate money like air fair and visa costs if you leave within your probation period should be written into your contract.
     
  9. dumbbells66

    dumbbells66 Established commenter

    Yellowsubmarine or should i say musikteech is yet again way off. I have had a number of contracts that have had a mutual "get out" clause in contracts. Although i would say that most probationary periods i have seen are there to assess you as an employee. Its there to make sure you arent some sort of nutter and you can teach. Its there so they can get rid of you if you arent up to standard.
     
  10. yellowsubmarine1

    yellowsubmarine1 New commenter

    Nutter? Do you REALLY wanna know what I think of YOU too??? No, I didn't think so. Look MR Always on TES, I am NOT WAY OFF AM I? Probationary periods are what the English word means. Probationary!!!!! It's for the employer to decide (as you already agreed with me in your last miserable post). And FEB31 is wrong. OK Chinese staff may be entitled to leave because they are 2-a-penny and come cheap. However, an expat teacher which has just cost the school 1000-2000 pounds to recruit is NOT cheap....Leave if you want but the school will deduct their recruitment fees from your salary and they will want their settling in allowance back, their shipping allowance and their flight money back. On top of this yu will have to pay for your ticket home. ANd anyway what's the point of going all the way abroad if you are just going to quit after a couple of months? Doesn't make sense. So yes FEB31, chinese staff can leave, but not expats unless you want to pay the few thousand quid it cost the school to recruit you.
     
  11. dumbbells66

    dumbbells66 Established commenter

    Did i call YOU a nutter specifically? Read it again. And then i will happily accept your apology:)
     
    blueskydreaming likes this.
  12. miketribe

    miketribe Occasional commenter

    I only really comment on here about things I know for sure, basically related to conditions here in Spain, and I can assure you that, at least here, the 3-month trial period specified by law is, indeed, mutually applicable. Either side may legally terminate the contract without consequences during the first three months... You may now proceed to insult me as well for daring to disagree with you.
     
  13. yellowsubmarine1

    yellowsubmarine1 New commenter

    You can terminate a contract anytime you like if you give the appropriate notice period. Hardly anyone adheres to them though. People just go whenever they please if they really want to. Likewise employers fire you on the spot for a myriadof reasons if they really want to too. Either side are of course allowed to take the other party to court for breach of contract if they really want to as well. No one does though in reality as it costs too much usually and you are out of the country by the time you are ready to make a claim.

    By meaning, probationary period means the employer not the employee. If the employee wants to leave, it's give notice.
     
  14. stopwatch

    stopwatch Occasional commenter

    When you say 'utter tripe' do you mean that such a contract, as a concept is utter tripe, or that I am talking utter tripe (ie lying)?
     
  15. yellowsubmarine1

    yellowsubmarine1 New commenter

    I mean what I wrote which if you read the 2nd and 3rd sentences, (a probationary period can NOT be mutual and if it is it's stupid.) you will understand or infer even that I must be talking about the contract (and therefore not saying you are lying).
     
  16. february31st

    february31st Occasional commenter

    Chinese staff are not actually 2 to the penny. The same labour law covers chinese and foreign workers a like. Its just that many foreign staff dont take the time and effot to read the law of the land.

    If the school wishes to keep it licence for employing foreigners it is required to make sure you leave the country.
     
  17. yellowsubmarine1

    yellowsubmarine1 New commenter

    CHinese staff are 2 a penny because they are paid poorly and they therefore don't care much about their teaching. They are 2 a penny because there are umpteen of them up for grabs for each position especially if it is at an international school which is going to pay them a few thousand more per month than a state school would. Most Chinese are on 5000-10 000 a month.Most expat teachers at an intl school are on 30k-40k a month.

    If the teacher decides to leave then yeh he will obviously leave the country won't he unless he has another employer in China, in which case he can just change his employer on his work permit/ARC card and then he doesn't need to leave.
     
  18. miketribe

    miketribe Occasional commenter

    Yellow submarine or whoever he is is, I am afraid, just plain WRONG. The following is copied directly from the Spanish Estatuto de los Trabajadores, Capitulo II, Seccion I, Articulo 14: Durante el periodo de prueba, el trabajador tendrá los derechos y obligaciones correspondientes al puesto de trabajo que desempeñe como si fuera de plantilla, excepto los derivados de la resolución de la relación laboral, que podrá producirse a instancia de cualquiera de las partes durante su transcurso. The underlined bit says specifically that during the "trial period" the contract can be terminated by either of the "two parties" -- the employer or the employee. THAT IS THE LAW...
     
  19. Booker_d

    Booker_d New commenter

    I second this recommendation.
     
  20. yellowsubmarine1

    yellowsubmarine1 New commenter

    We were talking about the law in China though not Spain. Mine for example does not state that I can terminate the contract within 3 months just the employer can......the teacher will undergo a probationary period of 3 months...." So I was NOT wrong Miketribe because I wasn't talking about Spanish law.
     

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