Job Discussion Forums

DosEquisX · Joined: 09 Dec 2010 Posts: 361

Let's say that I sign a one-year contract with an English academy but partway into my contract, I decide to leave for some reason. If I offer proper notice of departure (a month) and leave at a time where it may be easier to find a replacement such as at the end of a term, am I behaving unethically?

If that action is unethical, what changes can be made to the variables such as the amount of notice and timing can be made to make it ethical? Does the reason for departure matter?

Or more generally, do we have an ethical obligation to work through the full contract period so long as our employer has fulfilled its side of the contract?

nomad soul · Joined: 31 Jan 2010 Posts: 11454 Location: The real world

DosEquisX · Joined: 09 Dec 2010 Posts: 361

Because there may be a distinction between a legal and ethical obligations.

So legally, one is in the clear if he/she resigns in accordance to the contract.

But the issue is a matter of ethics. It is possible that I am taking this job too seriously, but do we owe something to our students? Are we obligated to complete the year for their sake? I mean if a teacher quits after the first term, it ruins continuity and forces the student to accept a new teacher which might be bad for them.

Legally, the reason for resigning is irrelevant. There is no legal requirement for a teacher to offer a reason. Only that he/she provides advance notice and preferably avoids burning bridges. But ethically there may be an obligation to provide a reason. There may also be ethical and unethical reasons for resignation. It may be ethical to quit due to emotional or family issues. It may be unethical to quit just because a teacher doesn't want to do the job anymore.

I am unsure if there is a difference between ethical and unethical reasons or how clear the difference is between legal and ethical obligations in ESL (if there is any difference at all). I'm just trying to get some ideas from the ESL community.

Shanghai Noon · Joined: 18 Aug 2013 Posts: 589 Location: Shanghai, China

oops. I thought this was the China forum. Ignore this post.

nomad soul · Joined: 31 Jan 2010 Posts: 11454 Location: The real world

suphanburi · Joined: 20 Mar 2014 Posts: 916

There is a reason employees are protected under the labor laws of many countries in regards to this issue.

EMPLOYEES are usually, in spite of any contract to the contrary, allowed to self terminate employment without cause and without consequence or legal liability.

Anything else constitutes indentured servitude (being forced to work against one's will) by reason of contract.

This is not however to be misconstrued with a subcontractor (not an employee by definition) who is liable for the terms of the contract and any tort arising from early termination (under the terms of the contract).

The difference is that a subcontractor is hired to perform a service.
The subcontractor chooses the times, terms, methods. The contractor sets the price and terms of payment for the service. There are no deductions from payment by the person who hired the (sub)contractor.

An Employee reports to work at the employers direction and discretion, performs their duties as they are instructed by the employer, and is paid a wage for that service. Typical deductions from their wages would include taxes or other source payments (pension, medical, etc).

There are exceptions to this rule and the middle east is a good example.
You are not an employee (as typically defined in the west) and are subject to numerous barbaric laws including not being allowed to quit when you want or not being allowed to exit the country if you do.

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