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Contract Terms and Clauses
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HLJHLJ



Joined: 06 Oct 2009
Posts: 1218
Location: Ecuador

PostPosted: Sun Sep 16, 2012 6:05 am    Post subject: Reply with quote

choudoufu wrote:

if you sign it, it's legal. it's also enforceable, but in civil court only.


Not necessarily, it depends on the laws of the country involved. Many countries have laws against unfair, unduly restrictive or illegal clauses in contracts. If such laws exist, and such a clause falls under it in that country, then signing it makes it neither legal nor enforceable.
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spiral78



Joined: 05 Apr 2004
Posts: 11534
Location: On a Short Leash

PostPosted: Sun Sep 16, 2012 8:13 am    Post subject: Reply with quote

There are also cases in which the legal contract, which is often in the local language, reads differently from the English version, which is technically unenforcable. Some employers have been known to add restrictive text in English which they know cannot legally appear in the 'real' contract.
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Sashadroogie



Joined: 17 Apr 2007
Posts: 11061
Location: Moskva, The Workers' Paradise

PostPosted: Sun Sep 16, 2012 10:57 am    Post subject: Reply with quote

johnslat wrote:
Dear Sasha,

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

Regards,
John


What? You mean just like Marxism-Leninism?! Very Happy
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jonniboy



Joined: 18 Jun 2006
Posts: 751
Location: Panama City, Panama

PostPosted: Sun Sep 16, 2012 5:57 pm    Post subject: Reply with quote

I think that contractual clauses prohibiting you from teaching ex-students of the school fall under the same unenforceable category. My ex-colleague was in that situation, she agreed to do private classes with an employee of a company that the school had sent her to classes in. The school owner found out and tried to sue her but discovered that the clause was worthless as the student and teacher were completely free to enter into any contract that they wanted.

Just out of curiousity what's the legal status of clauses threatening instant dismissal if you pinch students from your employer? Enforceable or not?
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HLJHLJ



Joined: 06 Oct 2009
Posts: 1218
Location: Ecuador

PostPosted: Sun Sep 16, 2012 9:36 pm    Post subject: Reply with quote

IANAL but common sense suggests that taking current clients off a current employer would be considered gross misconduct (and gross idiocy) in pretty much any situation. I would expect immediate dismissal as a minimum.

Last edited by HLJHLJ on Mon Sep 17, 2012 4:36 am; edited 1 time in total
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Andrew Jordan



Joined: 25 Sep 2011
Posts: 26

PostPosted: Mon Sep 17, 2012 4:27 am    Post subject: Reply with quote

Naturegirl-
it was the former partner of the Maximo Nivel owner, Extreme in Arequipa. but the owner has changed since then so I doubt that clause still exists.
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choudoufu



Joined: 25 May 2010
Posts: 3325
Location: Mao-berry, PRC

PostPosted: Mon Sep 17, 2012 4:50 am    Post subject: Reply with quote

HLJHLJ wrote:
choudoufu wrote:

if you sign it, it's legal. it's also enforceable, but in civil court only.


Not necessarily, it depends on the laws of the country involved. Many countries have laws against unfair, unduly restrictive or illegal clauses in contracts. If such laws exist, and such a clause falls under it in that country, then signing it makes it neither legal nor enforceable.


and many countries do not. i assume you read the contract before you
sign. if so, and you don't agree with the clause, change it or don't sign.
if you do sign, expect to fulfill your part, and expect your employer has
the connections to have it enforced.
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jonniboy



Joined: 18 Jun 2006
Posts: 751
Location: Panama City, Panama

PostPosted: Mon Sep 17, 2012 12:06 pm    Post subject: Reply with quote

HLJHLJ wrote:
IANAL but common sense suggests that taking current clients off a current employer would be considered gross misconduct (and gross idiocy) in pretty much any situation. I would expect immediate dismissal as a minimum.


Not really gross idiocy, provided you keep it quiet. I've known a lot of people who've done that.... student's course finishes, student wants to continue but prefers one on one with the teacher, an acceptable price is agreed. Of course dismissal follows, however I'm just wondering purely out of curiousity if such clauses have any legal standing.
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