Job Discussion Forums

[kait]

I saw it mentioned recently on this board that it is illegal for companies to charge a fee for not fulfilling one's contract. Did I read that right or am I just imagining things at this point?

I understand why employers would want to keep their employees as long as possible, by whatever means they can. It seems, however, that these fines are one of the reasons people just leave without notice. I think the fact that many people do not complete their contracts is one of the risks of the business. The employees are all people who have transplanted themselves several time zones away from home. It's logical that any number of complications can result from this situation. Well-intentioned people have to choose between being honest with their employers and paying a fine as a result, or not being honest with their employers and leaving without notice. It's a bad situation.

[Ki]

And the situation inevitably spirals downwards creating worse clauses to force teachers to go the 'dishonest route'. Schools force these clauses upon teachers who inevitably leave just after pay day with no notice instead of giving a month's notice, getting fined, and risking not being paid for the last salary at all. Schools become even more weary of teachers.

Try to find a contract where you get paid on the 5th instead of the 10th or 15th. Also just because a teacher gives a school one month notice it doesn't mean that the school will keep the teacher this entire time. The teacher will turn up to school one day only to be told that they already have a new teacher and to return home.

Any suggestions?

[TaoyuanSteve]

The points brought up are good ones re: working here. Fines and deposits are illegal, but are done anyway in many places. The whole penalty for leaving clause has led to people pulling runners, which leads to more situations where employers want to hold portions of teachers' salary.

You're right, things happen and some teachers leave. It is part of the business. In many ways, this is a hard place to live and I don't hold it against anyone if they choose to leave. Schools are just trying to protect themselves, but I argue this protection is much more severe than it need be.

A school that is a good place to work, pays well and doesn't nickel and dime its employees has little need for extortion as a means of employee retention.

Really, I look at this way: I'm as honest as a situation allows me to be. If I decided I need to leave a job and my employer had clauses in the contract that would penalize me excessively for doing so, I would seriously consider pulling a runner if they didn't already have the penalty money in their possession in the form of a deposit. In a situation where dishonesty is systemic (ie in the case where an employer would illegally garnishee your money), dishonesty is called for and should be expected by all parties. I wouldn't even call it dishonesty; I'd call it self defense or protection against a crime (which illegal fines certainly are).

I think the best proactive approach anyone can take is to take jobs with the least amount of financial penalties and other such clauses in the contract. Sometimes it is possible to negotiate them out of a contract before signing. Really, I think a good place to work has no need to engage in such behaviour in the first place. The presence of large finacial disincentives turns me off of jobs.

[Aristotle]

Schools do this because foreign teachers in general lack the foresight to do anything about it. It is illegal and should be reported in the most public manner possible. Unfortunately most teachers just let illegal and illegitimate activities by employers go unchecked so it can happen again to the next teacher. There are ways to deal with this but the person being cheated and robbed has to be willing to make a stand.
Good luck,
A.

[EphemeralReal]

[TaoyuanSteve]

[clark.w.griswald]

[kait]

So, really, are there any consequences at all for those who skip out on their contracts?

[Aristotle]