Site Search:
 
Get TEFL Certified & Start Your Adventure Today!
Teach English Abroad and Get Paid to see the World!
Job Discussion Forums Forum Index Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Students and Teachers from Around the World!"
 
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

clauses in contracts

 
Post new topic   Reply to topic    Job Discussion Forums Forum Index -> Vietnam
View previous topic :: View next topic  
Author Message
annepi



Joined: 18 Oct 2005
Posts: 2

PostPosted: Mon Oct 24, 2005 3:57 am    Post subject: clauses in contracts Reply with quote

Hi ,
I am about to start work at a school in Hanoi and am hoping that someone can give me advice regarding a clause in the contract they have sent me. It states that I cannot work for any other educational institution for 3 months after my contract has finished.

Is this the norm in Vietnam? And can it actually be enforced? Any advice that you can give me will be much appreciated
Thanks
Anne
Back to top
View user's profile Send private message
spycatcher reincarnated



Joined: 19 May 2005
Posts: 236

PostPosted: Mon Oct 24, 2005 6:31 am    Post subject: Reply with quote

This contradicts Vietnamese labor law.

It definitely can not be enforced, however, there could be an issue of changing over your work permit from one employer to another employer after the end of your contract. This would probably be a very minor point, even if your first employer wanted to play silly buggers.

Vietnamese labor laws are generally very in favor of the employee and restriction of trade in the example you mention is not permitted in Vietnam.
Back to top
View user's profile Send private message
annepi



Joined: 18 Oct 2005
Posts: 2

PostPosted: Mon Oct 24, 2005 11:32 pm    Post subject: Reply with quote

Thanks for the quick and detailed response - it's much appreciated. There are all sorts of things in the contract that are a little...unclear
Back to top
View user's profile Send private message
Stosskraft



Joined: 12 Apr 2004
Posts: 252
Location: Japan

PostPosted: Mon Oct 24, 2005 11:44 pm    Post subject: Reply with quote

annepi wrote:
Thanks for the quick and detailed response - it's much appreciated. There are all sorts of things in the contract that are a little...unclear


That should be a warning flag right there !

Ask the school to clear up any points that you have, and consider finding a new contract, if they dont.
Back to top
View user's profile Send private message Yahoo Messenger
laconic



Joined: 23 May 2005
Posts: 198
Location: "When the Lord made me he made a ramblin man."

PostPosted: Tue Oct 25, 2005 12:55 am    Post subject: Re: clauses in contracts Reply with quote

annepi wrote:
Hi ,
I am about to start work at a school in Hanoi and am hoping that someone can give me advice regarding a clause in the contract they have sent me. It states that I cannot work for any other educational institution for 3 months after my contract has finished.

Is this the norm in Vietnam? And can it actually be enforced? Any advice that you can give me will be much appreciated
Thanks
Anne


I would counter and insert the following clause in the contract:

"Party A (School) is prohibited from hiring another foreign or Vietnamese teacher for three months following the end of Party B's (Teacher) contract. Party A also agrees to pay Party B the full amount of three month's salary should it be adjudicated by a Vietnamese court or administrative tribunal that Party A's inclusion of a clause (prohibiting Party B's working for another educational institution for three months following the end of contrct) be found to be in violation of Vietnamese law.

I love to do this kind of thing. Really, I do.Laughing
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Job Discussion Forums Forum Index -> Vietnam All times are GMT
Page 1 of 1

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


This page is maintained by the one and only Dave Sperling.
Contact Dave's ESL Cafe
Copyright © 2018 Dave Sperling. All Rights Reserved.

Powered by phpBB © 2001, 2002 phpBB Group

Teaching Jobs in China
Teaching Jobs in China