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Working at two different schools

 
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naturegirl321



Joined: 04 May 2003
Posts: 9041
Location: home sweet home

PostPosted: Mon Oct 13, 2003 9:10 am    Post subject: Working at two different schools Reply with quote

You know that part in almost everyone's contract that says, the teacher will not work at any other school, what happens if you break that? I work at a kindergarten and want to moonlight at a Language School, so I won't be stealing the other schools students.
Are there any legal matters involved? Is anyone currently working at two different schools despite that part of the contract?
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Wolf



Joined: 10 May 2003
Posts: 1245
Location: Middle Earth

PostPosted: Mon Oct 13, 2003 9:15 am    Post subject: Re: Working at two different schools Reply with quote

naturegirl321 wrote:
You know that part in almost everyone's contract that says, the teacher will not work at any other school, what happens if you break that? I work at a kindergarten and want to moonlight at a Language School, so I won't be stealing the other schools students.
Are there any legal matters involved? Is anyone currently working at two different schools despite that part of the contract?


The people that do this in my neck of the woods just keep quiet about it and don't ask/tell anyone. I know one person who filters part time work through his FAO at his full time place.

I've discussed this with several of my part time employers from the summer. Their response to the "don't work anywhere else, please" clause in my contract was always: Shocked

I'm not sure how to do this "officially" (or even if it's supposed to be possible.)
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struelle



Joined: 16 May 2003
Posts: 2372
Location: Shanghai

PostPosted: Mon Oct 13, 2003 9:49 am    Post subject: Re: Working at two different schools Reply with quote

Quote:
Are there any legal matters involved? Is anyone currently working at two different schools despite that part of the contract?


There are unfair competition laws in the PRC that prohibit an employee from working for two directly competing organizations at the same time. In the case of two competing language schools for the same market niche, this would definitely apply.

But the distinction doesn't apply in your case - a school with kindergarten kids and a language centre (for adults, I assume) don't compete directly with each other. So legally I don't think it's a problem. Can anyone confirm this?

More likely, your employer may be 'selfish' in the sense that since he/she went to the trouble of recruiting you and applying for your visa, he doesn't want you to do other jobs (legally or not). Then it becomes a sticky issue. I've found that in China with Chinese employers, contracts are more about relationships than terms that are set in stone. That is, points can be negotiated during the contract if you have a good relationship with your employer. If your relationship is good, bring up the issue of different jobs and you'll likely get permission. But if you have a Western manager, that tactic won't work.

In my current contract at a high school it says the clause, "an employer shall not perform paid work for another employer without permission from the school." However, I have an arrangement with my employer where I teach kindergartens part-time once a week. She has connections with both schools, heck, she initiated the arrangement.

My opinion is to go ahead and do the other job regardless, if you take the responsibility. It's an employees market out here, and no shortage of work available. If your school won't permit you, then keep a low profile about the moonlighting. It wouldn't surprise me if most of your colleagues did private lessons on the side also Wink

Steve
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MyTurnNow



Joined: 19 Mar 2003
Posts: 860
Location: Outer Shanghai

PostPosted: Mon Oct 13, 2003 10:12 am    Post subject: Reply with quote

I'll think you'll find that most employers don't mind you taking outside work as long as...

1) Your PT school doesn't directly compete with your FT school.
2) Your PT work doesn't interfere with your duties at your FT school, either by causing time conflicts or by your getting so tired that you aren't effective any more.

If these are true, your best bet might simply be to ask. Your school would probably prefer to know and will probably get angry if they find you are doing it on the sly. And these can be pretty "small ponds" we work in, even if the city is large...it may be very hard to hide the other job forever.

Try asking first and give them the chance. If they don't cooperate, you still have the choice of being sneaky if you really want. But heaven forbid anyone in this business ever does anything sneaky. Rolling Eyes

MT
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Roger



Joined: 19 Jan 2003
Posts: 9138

PostPosted: Mon Oct 13, 2003 2:32 pm    Post subject: Reply with quote

Actually, I have no beef with this rule, and believe me, it is a pretty normal, standard rule commonly observed all over the world - you have no RIGHT to enjoy benefits from two employers while only one is your legal sponsor. Besides, there is a tax issue (at least a potential one).
Yes, competition is one consideration.
But, just think: if you get paid so much better by a second employer, you might run away and change camps. Would you feel this is right?
besides, accepting extra work may impact on the quality of your job performance. Ah, you do not work more than a few hours a day... what about preparations???
And then, timetables can change overnight. How would your second employer handle such a necessity?

Legal sanctions: You can be fired, in which case you might have to:
- part with your airfare and one monthly salary;
- pay a penalty;
- your visa might be cancelled, which would be a de facto expulsion.

I have always been lucky (or most of the time) - my schools actually recruiting students for me on the side. In my latest job contract I found a clause stating that I have the right to accept extra work provided it does not clash with my duties at the school!
Generous!
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arioch36



Joined: 21 Jan 2003
Posts: 3589

PostPosted: Wed Oct 15, 2003 1:20 pm    Post subject: Reply with quote

Actually, my understanding is that Chinese teachers are under the same rules. And of course most of them work second jobs anyways.

This was a moral question to me, not an ethical problem. Yes, "everybody" does it. But is it wrong? My first school..the founder of the school had a friend from Taiwan who was starting a school in Zhengzhou. The FAO actually asked all of us if we would be interested. My second school? The school wanted to "rent me out" to another school. My third school, my Chinese coteachers led me to a good second job. So to me it is the normal thing (yes, i will drive 55 in a 65 zone if everyone else is doing it). SO I guess I feel that it is ethical and moral as long as I am fully prepared for class. A rule of days gone by like American rules that prohibit listening to music on Sundays.

No one has ever gotten in trouble for it. What to do about taxes is a legitamite question, although the Chinese don't worry about it.

Check your contract. It probably says no post UNRELATED to your current position WITHOUT the permision of your school

For fun , ask your school. They will be so embarrassed, not wanting to tell you yes, not wanting to tell you no.

All of these people know about it. They know. I wouldn't sweat it for a second, as long as I was prpared for both jobs.
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