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chinatimes
Joined: 27 May 2012
Posts: 478
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 Posted: Tue Nov 20, 2012 9:39 am Post subject: Quitting a university job before holidays question |
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Actually, it's a debate, quit or get fired? If you work at a university, they give a lot of paid holiday time. I would get 2 months of salary at the university I am at (January and February), but we are at odds with one other. There has also been miscommunication.
So, they would rather get another teacher, and I am assuming not pay me for the January and February holiday. How much of an argument can I make to get holiday paid time? Can they just work you 1 semester and fire you, no cost to them? If they gave notice now, then one month later would be before January. So far, they haven't given me notice, and if they feel they legally need to I would assume that will come soon. I have gone to the school departments and talked with the teachers stating I still want to work regardless of the past issues with the school.
The classes I teach are fine, the students are good, and that's not where the problem lies. It's in the administrative division. If the opportunity arises, I can avoid them and simply do my classes next semester. I am not in a bad situation otherwise.
In the past when a problem came up, I got a parting offer and just took it. This time, it seems like I should fight for some holiday money if possible. If it is too much trouble, then I will just find another school, try to get a higher salary and then get some of the February holiday off I assume will happen with all schools.
It's not the end of the world, but I wasn't planning on moving this soon. I was planning on seeing the school year through. What are your opinions?
Last edited by chinatimes on Tue Nov 20, 2012 9:57 am; edited 1 time in total |
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Javelin of Radiance
Joined: 01 Jul 2009
Posts: 1187
Location: The West
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| Posted: Tue Nov 20, 2012 9:51 am Post subject: |
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If you quit or get fired at the end of the first term you're done. You're not entitled to any salary for January and February (this is not "holiday pay" it's salary paid over a holiday) because you no longer work for them. Don't confuse salary with the holiday pay of 2200 per year that most schools offer as a benefit. You should be entitled to half of that since you finished one term.
If you get fired and you feel you deserve more money then that's what the breach penalty is supposed to be for. But the breach penalty works both ways as in if you quit early you have to pay them. Anyway I've never heard of anyone paying a breach penalty either way. Have you read your contract? It's all there. |
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chinatimes
Joined: 27 May 2012
Posts: 478
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| Posted: Tue Nov 20, 2012 10:08 am Post subject: |
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| Javelin of Radiance wrote: |
If you quit or get fired at the end of the first term you're done. You're not entitled to any salary for January and February (this is not "holiday pay" it's salary paid over a holiday) because you no longer work for them. Don't confuse salary with the holiday pay of 2200 per year that most schools offer as a benefit. You should be entitled to half of that since you finished one term.
If you get fired and you feel you deserve more money then that's what the breach penalty is supposed to be for. But the breach penalty works both ways as in if you quit early you have to pay them. Anyway I've never heard of anyone paying a breach penalty either way. Have you read your contract? It's all there. |
Those variables are there, yes. However, it's played out differently at different schools. I just wanted an idea of what usually happens. I agree with your understanding of it.
So, how do I establish a "breach penalty"? Is it worth it to bring this up? They could just make up a reason to fire someone and argue there was no breach. |
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rogerwilco
Joined: 10 Jun 2010
Posts: 1549
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| Posted: Tue Nov 20, 2012 11:48 am Post subject: |
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| chinatimes wrote: |
So, how do I establish a "breach penalty"? Is it worth it to bring this up? They could just make up a reason to fire someone and argue there was no breach. |
I think you answered your own question.
You will probably need a release and reference letter from this school for your future job, so it might be best if you just leave peacefully.
You might even be able to get a positive reference from them if you handle your departure in a way that saves face for everyone.
in other words, if they want you to go, and you agree to go, then they may give you a good reference just to speed up the process. |
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choudoufu
Joined: 25 May 2010
Posts: 3325
Location: Mao-berry, PRC
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| Posted: Tue Nov 20, 2012 12:57 pm Post subject: |
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if you're nice, they may also keep your RP active long enough for you
to find a new school, and transfer without (potentially) returning to
your home country for a new z-visa.
so what does your contract say about leaving/firing, breach penalties,
and flight allowance if only one semester is completed? |
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chinatimes
Joined: 27 May 2012
Posts: 478
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| Posted: Tue Nov 20, 2012 2:09 pm Post subject: |
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| choudoufu wrote: |
if you're nice, they may also keep your RP active long enough for you
to find a new school, and transfer without (potentially) returning to
your home country for a new z-visa.
so what does your contract say about leaving/firing, breach penalties,
and flight allowance if only one semester is completed? |
As I stated, the problem is with administration. I have absolutely no problems with students other than the normal stuff that goes on.
Before, they said something about a week and a half before I would need a new employer. Maybe after today's talk with the school they will be nice and give more time, but I have actually had a decent run of luck the past couple years. I went 2 weeks the longest last year during the holiday in April, so I have found jobs fairly easily within a week. I am not so worried about that.
What gets my attention is that they are eager to know about my flight arrangements for the holiday and they are willing to help pay for it. My plan was to go to the US and come back in March.
I am wondering if they are going to use that as a basis for me leaving saying the flight proves somehow I resigned. Right now, they are under the impression I do not want to leave. So, I am expecting some kind of formal notice from them. One of them sent off an email "declaring" the reply to be a formal acceptance of my resignation. I don't quite see how that would fly, I never said I resigned in the email I sent, just that I didn't want to work more than the contracted hours. If it's not worth fighting, I don't really care who's the one breaking ties. I have done it before and actually got a good parting offer.
They could also be planning on not paying me at the end of the month and using that money for the flight. So, in actuality, they might be hoping I will finish the contract without problems/disputes and be long gone.
I am sure they are in defensive mode trying to save as much as they can. I figure, if I can move on to another school, get 2 weeks off or so in February to go back to the US, I can pay for the flight. If end up going back to the states for good, then there is more work in departing, and obviously I will want to get as much money before leaving China.
I would come back later on a new Z visa. In that case, no time limits. I already planned on going back to the states anyway with or without their help. |
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Javelin of Radiance
Joined: 01 Jul 2009
Posts: 1187
Location: The West
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| Posted: Tue Nov 20, 2012 2:43 pm Post subject: |
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Your story isn't really very easy to follow I'm afraid. Maybe it's just me  |
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