Job Discussion Forums

phrodo41 · Joined: 06 Dec 2005 Posts: 18

Hi,

I'm currently in negotiation with a school in Poland, and we are right now going over the terms in my contract.

My question is, what is a contract good for, and what are your recourses if the terms are not fulfilled? Also, is it normal for the contract to be signed before or after you arrive in country?

The terms of this contract look pretty decent, and I've gotten a really good reference from a former colleague of the director (a guy from the UK who said nothing but good things and who would have no reason to lie). I just want to make sure this isn't too good to be true, because you can never be too careful.

So what's the deal with teaching contracts?

I'm also thinking about getting a lawyer to look over it.

thrifty · Joined: 25 Apr 2006 Posts: 1665 Location: chip van

TheLongWayHome · Joined: 07 Jun 2006 Posts: 1016 Location: San Luis Piojosi

Yes, it is normal for the contract to be signed before you arrive. Contracts are written by employers to protect employers - at least you have a contract. I work in two places. In one I don't have a contract and the school owner tends to make it up as he goes along which is sometimes a pain in the arse. In the other place, I get a contract at the end of the semester?!?! But hey, this is Mexico. Europe is a bit more civilised, I wouldn't worry too much about it and forget the lawyer idea. Welcome to TEFL - you now have no rights, just have fun. Worst comes to the worst, you get a flight back to the UK - you can't get deported.

spiral78 · Joined: 05 Apr 2004 Posts: 11534 Location: On a Short Leash

I expect phrodo's from the US (or possibly Canada). Not so easy just to fly home.

So long as your contract includes some wording that the school will assist you in getting a legal working visa for Poland, you should probably be ok.

Any breach of contract (by either side) before your legal work permits/residency papers are actually complete are probably unprotected. The process to get legal paperwork in hand takes some time, normally. I suggest you re-post this question on the Poland forum for specific information.

I wouldn't bother with a lawyer, either Very Happy

Glenski · Joined: 15 Jan 2003 Posts: 12844 Location: Hokkaido, JAPAN

soapdodger · Joined: 19 Apr 2007 Posts: 203

By and large, EFL contracts aren't worth the paper they're printed on. Like contracts in other areas, the balance of power seems to be very much in favour of the employer : plenty of dos and don'ts that apply to the employee and very little in the way of obligation on the part of the employer, but it isn't actually so. Only 3 things matter. The pay, the hours and the notice period on the part of the employer. Forget the rest.
A few tips- what actually matters is the labour law of the country where you are working - people can write anything they like in a contract, but whether courts will recognise it or not is an entirely different matter, except in the case of salary, which would have to be incredibly low indeed before a court would rule that it was unreasonable ( unless of course there are legally established minimums). Make sure those numbers are right otherwise you are screwed, legally. Forget the notice period you are supposed to give - if a school is a cowboy outfit, walk. Always have a bit of money in the kitty for this eventuality, because financially you'll lose out. It is no accident that these days alot of schools make teachers wait about a fortnight before they get paid...this is to make sure they get half a month's work out of you free when you leave after payday....but remember, losing a couple of weeks' pay is alot cheaper than losing your mind or your dignity. Most schools won't chase you...they know why you've gone and they don't want their dirty linen washed in public. Finally, don't forget that nine tenths of law is common sense. I know that's a commodity in short supply these days, but if something feels wrong, then it probably is. In alot of places I'd say the best policy is to get out and forget about it as soon as things start to go wrong, but in, for example, the more civilised end of the EU it is well worth checking out the possibility of taking action. This is not "compensation culture"...if somebody does something wrong to you, and there is a law against it, you are a fool not to do something. With a solid case, a lawyer will often be happy to take it on and take payment after judgement, and costs are likely to be awarded against the wrongdoer, so you pay nothing.

coffeedrinker · Joined: 30 Jul 2006 Posts: 149

I think a reasonable contract - using the common sense test above - is a sign of a reasonable employer. But also as above, even if the employer violates it, it's a big burden on you to take them to task for it.

I guess my advice would be - make sure you're okay with what you agree to, so at least if something is amiss it's not something you willingly signed up for!

I'd also say don't let them include something that is just there ... "just because"..."but really it doesn't matter" or something.