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amisexy
Joined: 24 May 2012 Posts: 78
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Posted: Sun Sep 09, 2012 2:37 pm Post subject: Contract Terms and Clauses |
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I'm just about to sign a contract with a school and have one or two concerns.
One part of the contract states
''For a period of 2 years after successful completion or early termination of the Contract, the teacher must not be engaged in any teaching business within municipal borders of the cities of X and Y.''
(X and Y being the two cities the schools are based in.)
Is this a standard clause in a contracts? |
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Sashadroogie
Joined: 17 Apr 2007 Posts: 11061 Location: Moskva, The Workers' Paradise
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Posted: Sun Sep 09, 2012 2:41 pm Post subject: |
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Really depends which country you are in, but yes, I have seen this. Many times in Turkey. Totally meaningless, of course. I doubt it is legally binding in any legal system in the world. Ignore it. |
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spiral78
Joined: 05 Apr 2004 Posts: 11534 Location: On a Short Leash
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Posted: Sun Sep 09, 2012 2:41 pm Post subject: |
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So basically they are telling you that you must either work for them or move totally out of the city for at least two years??
No, that's not standard (and is probably not enforceable, either)!
Ah, I see that this has been seen before:-) Would be curious if its specifically a Turkish phenomenon?? |
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Tudor
Joined: 21 Aug 2009 Posts: 339
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Posted: Sun Sep 09, 2012 3:08 pm Post subject: |
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Yep, agree with the above two posters. How can a clause be enforced in a contract that has already expired?
I'd be more concerned about any termination clauses that may be in there; you don't want to get a nasty shock should you need to leave your contract early for any reason. Read it carefully! |
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Sashadroogie
Joined: 17 Apr 2007 Posts: 11061 Location: Moskva, The Workers' Paradise
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Posted: Sun Sep 09, 2012 3:35 pm Post subject: |
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The fact that it is in English means that the contract will most likely be invalid anyway, depending on the country once more. Is there a parallel local language version too? Nine times out of ten the English language version has no bearing on any legalities. |
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Glenski
Joined: 15 Jan 2003 Posts: 12844 Location: Hokkaido, JAPAN
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Posted: Sun Sep 09, 2012 9:39 pm Post subject: |
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Have seen that in a few contracts here in Japan.
Totally unenforceable. You are not working as an high-ranking executive for a pharmaceutical or aeronautics firm where business secrets are at play. |
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Andrew Jordan
Joined: 25 Sep 2011 Posts: 26
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Posted: Tue Sep 11, 2012 2:23 am Post subject: |
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I had a contract like that in Peru. It prohibited work in several cities in Peru and Costa Rica. Places his former partner had schools. A few people I knew openly broke it and the owner did nothing. |
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Northern_Lights
Joined: 05 Sep 2012 Posts: 1
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Posted: Sat Sep 15, 2012 3:49 pm Post subject: so? |
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Just to clairify... Is the more the norm? Or is it rare? |
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spiral78
Joined: 05 Apr 2004 Posts: 11534 Location: On a Short Leash
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Posted: Sat Sep 15, 2012 4:08 pm Post subject: |
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Regardless, it's basically unenforcable. |
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johnslat
Joined: 21 Jan 2003 Posts: 13859 Location: Santa Fe, New Mexico, USA
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Posted: Sat Sep 15, 2012 4:23 pm Post subject: |
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Dear spiral78,
" . . . it's basically unenforceable."
I'm sure it is in almost all locations - but NOT in Saudi Arabia.
Regards,
John |
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spiral78
Joined: 05 Apr 2004 Posts: 11534 Location: On a Short Leash
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Posted: Sat Sep 15, 2012 4:42 pm Post subject: |
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Dear Johnslat:
Yes, I try to avoid blanket statements, because there is always some context in which they aren't true.
Will write that up 100X on my blackboard on Monday, so that I don't forget again:-)
Best,
spiral |
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Sashadroogie
Joined: 17 Apr 2007 Posts: 11061 Location: Moskva, The Workers' Paradise
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Posted: Sat Sep 15, 2012 4:47 pm Post subject: |
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Never knew that EFL contracts were covered by Sharia law : ) |
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johnslat
Joined: 21 Jan 2003 Posts: 13859 Location: Santa Fe, New Mexico, USA
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Posted: Sat Sep 15, 2012 4:52 pm Post subject: |
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Dear Sasha,
As all Muslims know, EVERYTHING is "covered by Sharia Law"
Regards,
John |
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naturegirl321
Joined: 04 May 2003 Posts: 9041 Location: home sweet home
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Posted: Sun Sep 16, 2012 1:08 am Post subject: Re: Contract Terms and Clauses |
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amisexy wrote: |
I'm just about to sign a contract with a school and have one or two concerns.
One part of the contract states
''For a period of 2 years after successful completion or early termination of the Contract, the teacher must not be engaged in any teaching business within municipal borders of the cities of X and Y.''
(X and Y being the two cities the schools are based in.)
Is this a standard clause in a contracts? |
I've heard of ONE school that does this in South America. It's not common where I've taught: Peru, Korea, and China.
I'm honestly not sure how they'd even enforce that. Maximo Nivel by any chance? |
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choudoufu
Joined: 25 May 2010 Posts: 3325 Location: Mao-berry, PRC
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Posted: Sun Sep 16, 2012 2:41 am Post subject: |
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Tudor wrote: |
... How can a clause be enforced in a contract that has already expired?
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because the contract has not expired.
the work portion has been completed, but the non-compete clause
is still in force, and will be for another two years.
if you sign it, it's legal. it's also enforceable, but in civil court only.
too much trouble and expense for the school owner, which is why
we 'think' it's invalid or unenforceable. |
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