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Contract Terms and Clauses
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amisexy



Joined: 24 May 2012
Posts: 78

PostPosted: Sun Sep 09, 2012 2:37 pm    Post subject: Contract Terms and Clauses Reply with quote

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

PostPosted: Sun Sep 09, 2012 2:41 pm    Post subject: Reply with quote

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: 11523
Location: On a Short Leash

PostPosted: Sun Sep 09, 2012 2:41 pm    Post subject: Reply with quote

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: 337

PostPosted: Sun Sep 09, 2012 3:08 pm    Post subject: Reply with quote

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

PostPosted: Sun Sep 09, 2012 3:35 pm    Post subject: Reply with quote

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

PostPosted: Sun Sep 09, 2012 9:39 pm    Post subject: Reply with quote

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

PostPosted: Tue Sep 11, 2012 2:23 am    Post subject: Reply with quote

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

PostPosted: Sat Sep 15, 2012 3:49 pm    Post subject: so? Reply with quote

Just to clairify... Is the more the norm? Or is it rare?
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spiral78



Joined: 05 Apr 2004
Posts: 11523
Location: On a Short Leash

PostPosted: Sat Sep 15, 2012 4:08 pm    Post subject: Reply with quote

Regardless, it's basically unenforcable.
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johnslat



Joined: 21 Jan 2003
Posts: 13859
Location: Santa Fe, New Mexico, USA

PostPosted: Sat Sep 15, 2012 4:23 pm    Post subject: Reply with quote

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: 11523
Location: On a Short Leash

PostPosted: Sat Sep 15, 2012 4:42 pm    Post subject: Reply with quote

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

PostPosted: Sat Sep 15, 2012 4:47 pm    Post subject: Reply with quote

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

PostPosted: Sat Sep 15, 2012 4:52 pm    Post subject: Reply with quote

Dear Sasha,

As all Muslims know, EVERYTHING is "covered by Sharia Law" Very Happy

Regards,
John
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naturegirl321



Joined: 04 May 2003
Posts: 9041
Location: home sweet home

PostPosted: Sun Sep 16, 2012 1:08 am    Post subject: Re: Contract Terms and Clauses Reply with quote

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

PostPosted: Sun Sep 16, 2012 2:41 am    Post subject: Reply with quote

Tudor wrote:
... How can a clause be enforced in a contract that has already expired?


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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