|
Job Discussion Forums "The Internet's Meeting Place for ESL/EFL Students and Teachers from Around the World!"
|
View previous topic :: View next topic |
Author |
Message |
jclarke
Joined: 17 Mar 2012 Posts: 1
|
Posted: Fri Oct 26, 2012 11:53 am Post subject: contract/visa question |
|
|
Greetings,
I am currently having some difficulties with my school and I was looking for some advice/direction with regards to following up with concerns I have.
1. I have had deductions from my most recent pay for all the additional charges related to obtaining my visa/work permit/residence card. Lots of processing charges titled: "degree", "police record", "affidavit", "authenticated", "landing visa". The contract is as ambiguous as the next- the school pays for the "visa/work permit/residence". I recently read a post about the legal obligations of employer and employee, and I was curious if anyone could speak from experience about challenging the employers interpretation that they pay for the visa, and the employee pays for all the processing charges.
2.. Is the work permit, by current law, the explicit property of the teacher? My school holds on to them and gives teachers a photocopy. My understanding from a recent post is that it is the sole property of the employee. I read somewhere that there was a 2011 update to the labour law and wanted a little more information before I bust in demanding they give me the original.
3. Could anyone recommend a lawyer, preferably a labour lawyer, that speaks English, and would be an effective advocate for a group of interested teachers.
Thank you. |
|
Back to top |
|
|
H5N1
Joined: 15 Feb 2005 Posts: 80
|
Posted: Fri Oct 26, 2012 12:05 pm Post subject: Re: contract/visa question |
|
|
jclarke wrote: |
Greetings,
I am currently having some difficulties with my school and I was looking for some advice/direction with regards to following up with concerns I have.
1. I have had deductions from my most recent pay for all the additional charges related to obtaining my visa/work permit/residence card. Lots of processing charges titled: "degree", "police record", "affidavit", "authenticated", "landing visa". |
1. By law, the employer/school is obligated to pay ALL costs of this.
I will google later and try to post the law.
2. I have NEVER heard of any school making the teacher pay for these costs. The schools does everything *except* for the home-country police clearance that is done back in the teacher's native country.
Quote: |
The contract is as ambiguous |
1. If a contract is ambiguous do not sign it.
2. Contracts in Vietnam are not worth the paper they are printed on.
Quote: |
Is the work permit, by current law, the explicit property of the teacher? My school holds on to them and gives teachers a photocopy. My understanding from a recent post is that it is the sole property of the employee. I read somewhere that there was a 2011 update to the labour law and wanted a little more information before I bust in demanding they give me the original. |
Your question is a fair one. It has been discussed for 6 years and still, no one knows the answer. Even local and foreign lawyers are not sure.
It's a scam. It's a charade.
Why even waste your time getting a work permit, when it is only valid at one school. And this is a school, that is often dysfunctional and incompetent.
You should name the city and school you work for.
They sound like not only a place to avoid, but they sound like criminals. |
|
Back to top |
|
|
TRH
Joined: 27 Oct 2011 Posts: 340 Location: Hawaii
|
Posted: Sat Oct 27, 2012 1:20 pm Post subject: Link |
|
|
I think that I got this link on this forum but I can no longer find the original post by search.
http://www.vietnamlaws.com/home.aspx
For a stunning $900 (AU?) per year you can subscribe to their online database but the newsletter seems to be free. One article, in August 2012, describes recent changes in the work permit law. One change is from maximum three years to two. Of course I did not pay the $900 to read the whole law but I have the impression from the newsletter article that the work permit implies certain contractual obligations by the school, such as early severance pay. Even though this would be practically unenforceable for a foreigner, it may be part of why a lot of schools do not want to have permits.
(I re-posted this here as I mistakenly first posted it as a new thread.) |
|
Back to top |
|
|
Oh My God
Joined: 31 Jan 2010 Posts: 273
|
|
Back to top |
|
|
|
|
You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You cannot vote in polls in this forum
|
This page is maintained by the one and only Dave Sperling. Contact Dave's ESL Cafe
Copyright © 2018 Dave Sperling. All Rights Reserved.
Powered by phpBB © 2001, 2002 phpBB Group
|