Job Discussion Forums

[soapdodger]

Well, I'm not actually suggesting that you do, unless of course you've got a good reason, but recent posts with a legal bent made me wonder about how many people out there in Cafeland have tried, successfully or not, to get legal redress from an EFL employer. Over the years I've heard about a collective of Italian teachers who took the university system to the European Court (I think) over pay and conditions, had a female colleague who successfully took a French school-owner to court for assault ( physical, not sexual, in front of students) and another who took on a Polish school for trying to nick material for publication which he had copyrighted.

In my experience around 50% of EFL schools are begging to be defendants, although that fluctuates up and down depending on country, for a multiplicity of wrongs done to teachers. I have a feeling that most of them get away scot-free, for various reasons. It would be interesting to hear any experiences, which might encourage some mistreated people to seek some sort of justice where they might not have bothered/thought it possible, and also to steer clear of getting involved in disputes that are only going to end in tears and a large legal bill.

[John Hall]

...add to that list the approximately 7000 Nova teachers in Japan who haven't received their paychecks recently.

[spiral78]

I recall an American teacher a year or so ago on the Czech forum who wanted to sue a school - but the kicker was that she didn't have legal residency/work papers, and in those circumstances the court was
1. highly unlikely to even hear her case and
2. even more unlikely to rule in her favor, assuming that she had good cause (she may have had - I don't remember the details)

I reckon that if the harm you want to bring before a court happened to a fully legal, recognized worker and was some kind of clear breach of contract, you'd probably have a decent chance in the Czech Rep, though.

[soapdodger]

Spiral, I would guess the story you mentioned was pre-2004 EU accession. That kicked alot of highly questionable judicial practise in to touch as new members slowly (very slowly in some cases) realise they can't play by their own rules. That's a point worth pushing in Central Europe when you get confronted by asinine bureaucracy.

[spiral78]

No, I've checked and it was actually the 2005/2006 school year. And I'm pretty sure if you're technically working illegally, this would still be the case - not only on the CR, but likely in the 'old' EU as well.

Still, your point's valid regarding questionable judicial practice and the evoluyion of legal practice.

[soapdodger]

Yep, Spiral, totally agree about the legality aspect. My advice to anyone is always be legal, and don't rely on schools to do it for you - get a savvy student to help you with the process. I can never understand why, when there are so many destinations worldwide , people choose ones where they may have to be illegal.
I say don't rely on schools for obvious reasons, but here's a funny one. A couple of years ago I discovered by chance that I have a PESEL in Poland. This is more or less permanent residence/citizenship and is very hard for a non-Pole to obtain. I haven't the faintest idea where it came from but probably a school, although I have worked outside the EFL sector. Whoever did it was well smart!

[Stephen Jones]

In Spain the law was that if you were working illegally you had no redress, but the employer still owed your Social Security payments to the State plus any fines for non-payment. As long as their lawyer wasn't totally stupid he would soon realize it was cheaper to pay off the worker than pay off the state.

[Guy Courchesne]

Sounds like the US dealing with Mexican illegal workers. Just multiply it by 12 million or so.

[soapdodger]

Well, there we go. Ten days and 5 posts not from me, and only one of them really any concrete story. Must mean I was completely wrong about EFL schools and they're fine upstanding institutions that all play by the rules....... or it could mean that EFL teachers have no concern at all about their rights and don't care what is done to them. Hmmmm.

[william wallace]

nil

[KingEric]

Good luck to all NOVA teachers. That's a lot of lawsuits about to be filed!