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EIV's Draconian Contract
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Anewdawn



Joined: 31 May 2013
Posts: 3

PostPosted: Sat Jun 08, 2013 11:13 pm    Post subject: EIV's Draconian Contract Reply with quote

Article 5: BREACHES OF THE CONTRACT

5.1 Skip period: In cases, the teacher cannot go class to school for any reasons, he/she must give 24 hours notice to the company before the start time of the class so that we can replace the teacher in time. If the teacher does not give sufficient notice he/she will be eligiable for the following penalties:

- First - time: 15% for the total salary per a month.
- Second time: 30 % for the total salary per a month.
- Three or more times: 100 % for the total salary per a month.
- Further or continuous breaches will result in the termination of the Contract by EIV.

5.2 Punctuality: If the teacher does not complete the full period of their lesson the penalties below will also apply:

 Going to class late / Leaving class early: 5 - 10 minutes/period, Party B shall be fined, as follows:

- First - time: 30% for the total salary of each period.
- Second time: 50% for the total salary of each period.
- Three or more times: 100% for the total salary of each period.
- Further or continuous breaches will result in the termination of the Contract by EIV.

 Going to class late / Leaving class early: over 10 minutes/period, Party B shall be fined, as follows:

- First - time: 50% for the total salary of each period.
- Second time: 80% for the total salary of each period.
- Three or more times: 100% for the total salary of each month.
- Further or continuous breaches will result in the termination of the Contract by EIV.

5.3 The teacher goes to class late, leaves class early or skips a period which are based on the report in details of the supervisor at school.

If the teacher quits teaching halfway before the completion date of the course, he/she will not be able to receive any salary that month and will have to compensate double salary that month
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deadlift



Joined: 08 Jun 2010
Posts: 267

PostPosted: Sun Jun 09, 2013 1:57 am    Post subject: Reply with quote

Anyone who signs a contract like that deserves everything they get.
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Anh Dep



Joined: 16 Mar 2013
Posts: 56
Location: Bangkok Thailand

PostPosted: Sun Jun 09, 2013 3:52 am    Post subject: Reply with quote

I have seen this before in another post.I wouldnt entertain the thought of working for someone that is just trying to find any excuse to dock your salary. Sounds very much like Asia High School, they work along the same guidelines.
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ExpatLuke



Joined: 11 Feb 2012
Posts: 744

PostPosted: Sun Jun 09, 2013 4:48 am    Post subject: Reply with quote

This is how Vietnamese companies treat their Vietnamese staff. It typically works for Vietnamese because their salaries are so much lower than most Western teachers. If they're getting paid so little, there has to be extra incentive to make them come on time and not leave early.

It sounds like a case of a school that doesn't realize it can't treat its foreign teachers just like its Vietnamese staff if it wants to keep them.

Just refuse the contract and move on...
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Anewdawn



Joined: 31 May 2013
Posts: 3

PostPosted: Sun Jun 09, 2013 5:00 am    Post subject: Reply with quote

This is how the scam works. You will be offered a teaching position, but no contract. You will be asked to sign the contract at the last possible minute.
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ExpatLuke



Joined: 11 Feb 2012
Posts: 744

PostPosted: Sun Jun 09, 2013 8:43 am    Post subject: Reply with quote

I don't understand. You started teaching without a contract, or your bought plane tickets without a contract, or you quit your previous job without a contract?

All three cases are huge no-noes. It's not much of a scam, imo. I'd never make plans without seeing a contract first.
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spycatcher reincarnated



Joined: 19 May 2005
Posts: 236

PostPosted: Mon Jun 10, 2013 1:54 am    Post subject: Reply with quote

I guess that these terms would some how fall foul of Vietnamese labor laws.
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skarper



Joined: 12 Oct 2006
Posts: 477

PostPosted: Mon Jun 10, 2013 2:37 am    Post subject: Reply with quote

Yes - just walk away from any kind of contract like that.

This kind of _ _ _ _ is why we don't need any more desparate newbies turning up here with no experience, no streetsmarts and no savings. It just encourages schools to try to pull this kind of stunt.
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bradleycooper



Joined: 12 Apr 2013
Posts: 310

PostPosted: Mon Jun 10, 2013 7:40 am    Post subject: Reply with quote

Is it really the case that wages in Vietnam have started going downhill? Is the Euro crisis playing into this by making more unemployed people want to work in South-East Asia?
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skarper



Joined: 12 Oct 2006
Posts: 477

PostPosted: Mon Jun 10, 2013 8:08 am    Post subject: Reply with quote

Wages have been stagnant for a while - which given the inflation = falling.

That said - there is so much gap between what students pay to schools and what schools pay to teachers that it is possible to get more than the standard wages offered.

Another way schools are cutting pay is by offering fewer guaranteed hours.
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I'm With Stupid



Joined: 03 Sep 2010
Posts: 432

PostPosted: Tue Jun 11, 2013 5:25 pm    Post subject: Re: EIV's Draconian Contract Reply with quote

Anewdawn wrote:
If the teacher quits teaching halfway before the completion date of the course, he/she will not be able to receive any salary that month and will have to compensate double salary that month

How do they imagine they're going to enforce that one?

I'd also question whether any of these terms are legal. Probably just relying on the fact that the chances of them being taken to court are pretty slim.
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8balldeluxe



Joined: 03 Jun 2009
Posts: 64
Location: vietnam

PostPosted: Wed Jun 12, 2013 9:43 pm    Post subject: Reply with quote

I have been at a school with penalties in a contract like this and there was nothing anyone could do. I'd bet if it went to court that the court would agree with the contract because they are usually written with some bs about not damaging the reputation of the school, or damaging the welfare of the students. -meaning if the teacher quits before the year is out, total bs. I think this is a new trend because I have seen two other contracts like this , both from agencies with licences to place teachers in schools but dont really have a school of their own. I think it is a way to exert total control over the expat chattel, like human trafficking, what a gangster might do. My how things have gone downhill. WHo let all the riff-raff in?

Last edited by 8balldeluxe on Wed Jun 12, 2013 10:04 pm; edited 1 time in total
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charlesmarlow



Joined: 17 May 2013
Posts: 68

PostPosted: Wed Jun 12, 2013 10:03 pm    Post subject: Reply with quote

one sometimes needs to look at it from the "schools" point of view, a lot of teachers dont give a shit about anything, irresponsible, no prep, late for lessons, leave lessons early, dont show up etc etc.

There is only one way to deal with these idiots:

http://www.youtube.com/watch?v=paMulmvrlbc
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8balldeluxe



Joined: 03 Jun 2009
Posts: 64
Location: vietnam

PostPosted: Wed Jun 12, 2013 10:22 pm    Post subject: Reply with quote

Wow. I beg to differ.
The cartoon you referenced with your text uses a quote from Theodore Roosevelt, "speak softly and carry a big stick."
He would be the first to tell you you are dead wrong,
He was a trust buster, and ardent supporter of fair treatment of workers which put him at odds with cooperate barrons and big money interests at a time when corruption was endemic and systemic. He brought in the 8 hour work week. You have no idea what you are talking about. He was famous for being a police commissioner in NEw york city ridding it of corruption. The same kind that is going on here in the Education business which allows them to walk all over good teacher like this, with these increasingly ilegal contracts.
If schools are in business the have to bear some risk. When they hire a teacher it is their call, and their risk. If they can't afford to hire good teachers then that is the risk they took, so they should suffer, not the good teachers. I got this same excuse from a school to me, about why I had to sign such a bogus POS contract, saying " its because when some teachers have quit they have hurt the reputation of our company"/ Excuse me?- thats the business owners risk, and good teachers should not have to suffer for your business risk. You cant put it all on the employee to make sure you have a totally risk free experience as a company. Thats what the marketplace is supposed to be. Not all one-sided.
If you are here with knowledge of what contributions our language and culture has made to human advancement you have no business taking such a regressive view.
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TRH



Joined: 27 Oct 2011
Posts: 340
Location: Hawaii

PostPosted: Wed Jun 12, 2013 11:37 pm    Post subject: Reply with quote

8balldeluxe wrote:
If you are here with knowledge of what contributions our language and culture has made to human advancement you have no business taking such a regressive view.
While I agree with your comments on the division of risk and reward I have to say that I found this last item rather unsettling. It sounds a bit like the concept of "The White Man's Burden" which coincidentally was written in response to the US acquisition of the Philippines in the Spanish-American War which Roosevelt played a huge part in.

Do you think that your students study English because they want access to the great ideas of Victorian England? No, they study English because of the overwhelming economic hegemony of the United States. A few are even honest enough to admit that their goal is emigration, although they usually refer to it as "study abroad." Others hope to get a better job, which for many means one with an international corporation, an export business, or tourism. Others seem not sure but have the impression that somehow English will make their life better. I hope you are not deluded into thinking that we are here to teach our "language and culture" for its own sake.

The irony may be that by the time the general level of English competency reaches that of the Philippines, everyone here will need to learn Mandarin.
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