Site Search:
 
Transworld Supports Dave's ESL Cafe
Transworld
Job Discussion Forums Forum Index Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Students and Teachers from Around the World!"
 
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

Contract Ethics With Private Academies

 
Post new topic   Reply to topic    Job Discussion Forums Forum Index -> General Discussion
View previous topic :: View next topic  
Author Message
DosEquisX



Joined: 09 Dec 2010
Posts: 362

PostPosted: Wed Apr 13, 2016 11:55 pm    Post subject: Contract Ethics With Private Academies Reply with quote

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?
Back to top
View user's profile Send private message
nomad soul



Joined: 31 Jan 2010
Posts: 9452
Location: Terra firma

PostPosted: Thu Apr 14, 2016 12:22 am    Post subject: Reply with quote

DosEquisX wrote:
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?

Since you gave notice per the terms/conditions of the contract, there's nothing unethical about your resignation unless you're being diceptive about why you're quitting. But even then, you've followed the proper process.

and DosEquisX wrote:
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?

Most employees sign their contract with the intent of working the full contract term. However, since employment contracts usually include mployment termination by either party, there's nothing unethical about leaving. Even with a verbal employment situation, both you and the employer would need to come to some sort of agreement if you decide to leave. However, this has the potential to end in a win-lose scenario.

Why do you perceive resigning as unethical?
Back to top
View user's profile Send private message
DosEquisX



Joined: 09 Dec 2010
Posts: 362

PostPosted: Fri Apr 15, 2016 12:01 pm    Post subject: Reply with quote

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.
Back to top
View user's profile Send private message
Shanghai Noon



Joined: 18 Aug 2013
Posts: 573
Location: Shanghai, China

PostPosted: Fri Apr 15, 2016 12:40 pm    Post subject: Reply with quote

oops. I thought this was the China forum. Ignore this post.
Back to top
View user's profile Send private message
nomad soul



Joined: 31 Jan 2010
Posts: 9452
Location: Terra firma

PostPosted: Sat Apr 16, 2016 3:30 am    Post subject: Reply with quote

DosEquisX wrote:
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.

Your employment agreement is with the employer and not the students. Your teaching obligation to the students is outlined per your contract and/or job description. So while employed, you're expected to carry out your teaching duties. However, once you terminate your services, your obligation to the students (and employer) ends. Nor are you responsible for the quality of teacher the employer hires to replace you. (Don't assume your replacement will be lousy.) Regardless, you're a foreign teacher and not your students' close blood relative; it's extremely unlikely your leaving would cause irreparable damage to their psyches.

and DosEquisX wrote:
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.

Employers generally want to know why an employee is resigning. It's a professional courtesy to give a brief reason. In fact, in the US, many companies conduct exit interviews with departing employees as an HR tool for organizational improvement.

The reason for leaving is relevant to one's sense of ethics (of lack thereof) if done to deceive the employer. For example, you tell your boss you're resigning because your sister has cancer and needs you to care for her during her treatment. However, the truth is, you accepted an offer for a primo-paying job in Saudi Arabia. Similarly, it may be ethical to quit a position if your heart isn't in it (usually with the reason that the position "wasn't a good fit.") A passionless teacher isn't going to be very effective with his/her students.

This isn't restricted ESL. Plus, feelings of guilt vary from individual based on personal values and experiences. For some, a sense of ethical responsibility is tied to their level of loyalty.
Back to top
View user's profile Send private message
suphanburi



Joined: 20 Mar 2014
Posts: 637

PostPosted: Sat Apr 16, 2016 6:57 am    Post subject: Reply with quote

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.

.
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Job Discussion Forums Forum Index -> General Discussion All times are GMT
Page 1 of 1

 
Jump to:  
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 © 2016 Dave Sperling. All Rights Reserved.

Powered by phpBB © 2001, 2002 phpBB Group

Teaching Jobs in China
Teaching Jobs in China