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Advice re contracts

 
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Augustus



Joined: 16 Oct 2012
Posts: 105

PostPosted: Wed Jul 31, 2013 9:43 pm    Post subject: Advice re contracts Reply with quote

Hello

I've had a couple of interviews recently and have come across a contract from the school, I have a quite a few queries but don't really want to go to the employer to ask them so hoped that you may be able to offer some advice.

1/ Is it normal to be required not to teach to be allowed anywhere else?

2/ There is a clause stating that I must undertake all duties deemed necessary to successful teaching - is there a catch here?

3/ Clause stating that I must be available to stand in for colleagues x number of hours - what would be considered reasonable?

4/ Clause stating that apart from in "exceptional circumstances" I must inform the employer 24 hours in advance should I be unable to teach a scheduled class - is this usual? what about illness?

5/ There is no mention of the included accommodation / charges relating to this - should I expect it to be?

Please advise.

Augustus
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nomad soul



Joined: 31 Jan 2010
Posts: 11454
Location: The real world

PostPosted: Wed Jul 31, 2013 10:49 pm    Post subject: Re: Advice re contracts Reply with quote

My general responses:

1) Is it normal to be required not to teach to be allowed anywhere else?
-- Yes, it's normal. If you're legally under this particular employer's sponsorship, you're expected to work solely for them. From an employer's business perspective, if they've contributed to your visa costs and/or are providing you with benefits, then you're considered an investment. Additionally, they don't want to risk losing paying clients (students) who might follow you if you decide to earn a few extra coins moonlighting at a competitor's school.

2) There is a clause stating that I must undertake all duties deemed necessary to successful teaching - is there a catch here?
-- No catch; it simply means you agree to carry out the duties outlined in your job description. It also relates to the standard "other duties as assigned" but within the scope of teaching and learning. That typically includes attending meetings and in-house trainings, writing your own professional development plan, helping to create worksheets or lessons, participating in focus groups, maintaining attendance records, writing reports, etc.

3) Clause stating that I must be available to stand in for colleagues x number of hours - what would be considered reasonable?
-- You'd have to ask the employer since "x number of hours" is vague. But it appears you're expected to fill in as a substitute teacher as needed and for a reasonable number of hours.

4) Clause stating that apart from in "exceptional circumstances" I must inform the employer 24 hours in advance should I be unable to teach a scheduled class - is this usual? what about illness?
-- Nothing unusual about giving at least a day's notice if you plan to miss work; it allows for time to schedule a subsitute for your class(es). Sudden illness or some sort of emergency are usually considered exceptional circumstances. Ask the employer for policy clarification and/or examples of specific situations.

5) There is no mention of the included accommodation / charges relating to this - should I expect it to be?
-- Who knows. This is yet another question that can only be answered by the employer.
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rtm



Joined: 13 Apr 2007
Posts: 1003
Location: US

PostPosted: Wed Jul 31, 2013 11:21 pm    Post subject: Reply with quote

I would agree with nomad soul, and I think all of those are things that often appear in contracts. However, I'd also caution that it depends on local customs and interpretations, depending on where in the world you are. For example, the clause "all duties deemed necessary to successful teaching" -- while most places will only include typical duties related to teaching (e.g., lesson planning and marking), other places might include something unexpected (e.g., extra classes). Also, in some countries, contracts are considered guidelines, and the details are figured out as you go (i.e., what's written in the contract isn't necessarily what happens in real life). I'm sure you'll get some good advice here, but I'd also recommend posting your question in the sub-forum for whatever country you are thinking about working in. That might help you to see what's normal in that part of the world.
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nomad soul



Joined: 31 Jan 2010
Posts: 11454
Location: The real world

PostPosted: Thu Aug 01, 2013 4:44 am    Post subject: Reply with quote

Ditto rtm's comments, especially about posting on the appropriate country forum. That's why I stated my responses were "general."

But there's a bigger concern here:

Augustus wrote:
(I) don't really want to go to the employer to ask them...

Why are you ambivalent about asking the employer? They're the best source of info about this position as well as the terms and conditions of your employment agreement.
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Augustus



Joined: 16 Oct 2012
Posts: 105

PostPosted: Thu Aug 01, 2013 8:18 pm    Post subject: Reply with quote

hello

Thank you for your responses. I don't want to give myself away to the employer - this forum is VERY well known among those in the industry. By posting alone re newbie issues I've already given quite a bit of information away and if I should come back in the future with issues regarding my employer once I'm in post then I don't want to be trackable. I guess I can say its one of the eastern block countries.

How many is a reasonable number of hours to be expected to fill in as a substitute? with no number of weeks/months stated.

A brief discussion regarding accommodation took place and the employer has 1 such place available. What I am asking is would it be normal to include the details of this in the contract, since it comes with the job?

True the employer is a good source of information but I don't want to come across as an idiot plus they may well say one thing now and then another when its signed. This is using the benefit of hindsight in signing contracts with letting agents, allowing the LA to be the main source of information .... "Oh no don't worry, I can assure X, Y and Z is no concern of yours - its just a standard contract so not mentioned"
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nomad soul



Joined: 31 Jan 2010
Posts: 11454
Location: The real world

PostPosted: Fri Aug 02, 2013 5:10 pm    Post subject: Reply with quote

Augustus wrote:
How many is a reasonable number of hours to be expected to fill in as a substitute? with no number of weeks/months stated.

A brief discussion regarding accommodation took place and the employer has 1 such place available. What I am asking is would it be normal to include the details of this in the contract, since it comes with the job?

Again, the answer to your first question should come from the employer because we'd only be guessing as to what "reasonable" hours are. Frankly, your guess would be better than ours; you have knowledge of the living and working situation, whereas, we know zip. Therefore, ask the employer how many additional hours a week substitutes typically work and is there a limit. That's a bit more specific than asking what reasonable hours are.

In regard to your question about lodging, employers often don't include specifics about housing in the contract because there's no guarantee you'd get the exact accommodation as described. However, if the contract states the employer provides housing, then that's what you'll get, plus, whatever else per your discussion with the employer or agent.

and wrote:
True the employer is a good source of information but I don't want to come across as an idiot...

I know I'm not the only one shaking my head over this statement because it's idiotic not to communicate your questions to the employer. Besides, it's very likely they're used to getting requests for clarification. But a couple of questions for you to mull over (no need to respond here): As a teacher, what would you say to your students if you discovered they were reluctant to ask you for help because they feared coming across as idiots? If you feel this is an issue, how would you resolve the problem?

lastly wrote:
...they may well say one thing now and then another when its signed. This is using the benefit of hindsight in signing contracts with letting agents, allowing the LA to be the main source of information .... "Oh no don't worry, I can assure X, Y and Z is no concern of yours - its just a standard contract so not mentioned"

Which is still why you need to put aside your insecurities and communicate with them---be assertive. Moreover, consider the following: When you email your questions to the employer (or agent) and subsequently, get an emailed response back, you now have the information in writing, which not only gives you clarification but a physical record and trail of the communication as well. Also check out the employer via the appropriate country forum here on the Cafe and in other TEFL-related forums on the Net.

However, if you sense something is amiss---that is, the employer's or agent's responses make you feel like you're being brushed off or that they're being deceptive about a critical component of the working and/or living conditions, then think twice about accepting the position. Anyway, when taking a job overseas, keep your expectations low (realistic), be flexible and proactive, and always maintain a healthy sense of humor.
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