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Got a scanty contract put in front of your nose?
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rigel



Joined: 17 Apr 2009
Posts: 308

PostPosted: Tue Aug 18, 2009 3:45 pm    Post subject: Got a scanty contract put in front of your nose? Reply with quote

Got a scanty contract put in front of your nose you're expected to sign? Maybe you do, especially if you're given one of those M-T piss-poor excuses for a contract. It's up to you to make sure you get the best deal and the most protection, so I'd recommend you not sign any contract that doesn't address the below points. Make sure yours does beyond a shadow of any doubt. Vets out there are welcome to add any other points I left out inadvertently.

1. What is the monthly wage?
1b. How much is the housing stipend, if provided?
1c. How much is the transportation stipend, if provided?

2. What are the hours worked each day?
2b. Must I work a "split" shift?

3. What are the days worked each week?
3b. Will I be expected to work Saturdays and/or Sundays?

4. Approximately how many holidays are there each year?
4b. Are holidays paid?

5. How long is the annual vacation?
5b. Is the annual vacation split into two parts?

6. How many paid sick days are provided each year?
6b. Does the employer provide health insurance?
6c. If yes, how much is the health insurance deduction each pay period?

7. If I am exempt from paying taxes, will tax still be withheld from my salary?
7b. When do I get a refund if taxes are withheld yet I'm exempt?
7c. Do I need a special form, such as the IRS 6166, to get a tax refund?

8. What is the length of the contract?
8b. Is there a probation period?
8c. How can a contract be broken early?
8d. What are the penalties for breaking a contract early?

9. Is there a pension contribution?
9b. When can I retrieve my pension contribution?

10. Are there other contributions/deductions?

11. Will I be teaching at the same location each day, or will I be teaching in different locations?

12. How is accommodation handled?

*If I have to provide my accommodation*
12b. Does the employer provide a stipend?
12c. If so, do I get the stipend before I move into my apartment?
12d. Must I cover the rent myself at first?
12e. If I must pay a deposit for my apartment, does the employer cover it?
12f. Will I be expected to pay any out-of-pocket costs for the apartment?
12g. If I must pay out-of-pocket costs for my apartment, will I be reimbursed? When?

13. What are the age range of ALL the learners I will see in my classes?
13b. Will I be expected to teach children under the age of 16?
13c. Will I be expected to teach children under the age of 10?

14. Am I expected to provide my own teaching materials, such as white board markers?

15. When will I be paid each month?

16. When do I get my residency permit? Can I get it immediately after arriving?
16b. How will I set up a bank account?
16c. Will I have to give up my passport when I first arrive?
16d. If I have to give up my passport, how long will it be kept from me?

17. Will the employer expect me to pay any out-of-pocket costs not mentioned above?
17b. If yes, what are those costs, and approximately how much will they be?

18. Will I be able to travel freely within the country?
18b. Will I be able to leave the country while on holidays/vacation?

19. Will the employer provide airfare?
19b. If the airfare is provided, will the employer send me a ticket, or will I be required to pay for the airfare and then get reimbursed later?
19c. Will the employer provide airfare back to my home country?

20. Is there overtime compensation?
20b. What is the overtime rate?

21. Will I be allowed to teach private lessons on the side?
21b. Must I get special permission to teach private lessons?
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sheikher



Joined: 13 Jul 2009
Posts: 291

PostPosted: Tue Aug 18, 2009 5:19 pm    Post subject: Reply with quote

Stunning list, Rigel!

Is the case of the Middle East, will I work either Thursday or Friday?

In Saudi Arabia, you know you've an illegal contract at first glance if it is in the English language only.
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Middle East Beast



Joined: 05 Mar 2008
Posts: 836
Location: Up a tree

PostPosted: Tue Aug 18, 2009 7:06 pm    Post subject: Reply with quote

You worked hard on this, Rigel. Thank you.

Keep in mind that they've been known to lie.

I briefly mentioned on another thread my experience with Khafji Joint Operations. I painstakingly sent them email after email asking them many of the same questions you've provided here.

I printed their responses. When I discovered the discrepancies between the information they gave me prior to departure and the realities I discovered, I placed those hard copies on the Saudi manager's desk.

He--didn't--care.
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Stephen Jones



Joined: 21 Feb 2003
Posts: 4124

PostPosted: Tue Aug 18, 2009 8:05 pm    Post subject: Reply with quote

Some of this, rigel, is not applicable to Saudi. The stuff about tax for example.
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rigel



Joined: 17 Apr 2009
Posts: 308

PostPosted: Wed Aug 19, 2009 9:59 am    Post subject: Reply with quote

That's true, Stephen. If you look at it long and hard, you'll begin to see that it applies mainly to jobs in Korea. I have some hard experience there, so I know what to demand of a contract between me and a Korean employer. However, I do know that EVERY contract should address the very basics. If one is promised something in an original advert, in email correspondences, or over the phone, it is up to HIM to make sure that promise is addressed in the actual language of the contract. If it isn't, it's simply, shall we say, sweet nothings, as he will have no legal recourse to enforce those promises.

I've put these questions in front of agents and they've gone cold on me, never to be heard from again. They were obviously doing me a big favor. My wallet is thicker and I've gotten to relax more on beaches because of it.
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rigel



Joined: 17 Apr 2009
Posts: 308

PostPosted: Wed Aug 19, 2009 10:09 am    Post subject: Reply with quote

Add these:

22. Will I get an end-of-contract completion bonus?

23. When will the final compensation be paid?
23b. Is it possible to be paid the final salary, along with
the completion bonus (if there is one) a few business days early?

24. After the contract is done, when must I vacate the accommodations if
the employer provides the accommodations?
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rigel



Joined: 17 Apr 2009
Posts: 308

PostPosted: Wed Aug 19, 2009 11:16 am    Post subject: Reply with quote

You worked hard on this, Rigel. Thank you.

You're welcome, Mr. Beast.

Keep in mind that they've been known to lie.

Yes, TESOL jobs without liars would be like Thailand with no stray dogs. That's why you have to CYA when going into contract
negotiations. Those who sign blindly whatever is put in front of their noses get what they deserve. Those jokers are soon here posting how they got fucked over. Is it any surprise?


I briefly mentioned on another thread my experience with Khafji Joint Operations. I painstakingly sent them email after email asking them many of the same questions you've provided here.

I, too, usually get the cold shoulder after dropping these questions. You're not alone by any stretch, my friend.

I printed their responses. When I discovered the discrepancies between the information they gave me prior to departure and the realities I discovered, I placed those hard copies on the Saudi manager's desk.

He--didn't--care.

Yes, it does seem futile to demand any promises (such as these) be put in the actual language of the contract itself. But consider, my friends, the two scenarios below:

Scenario 1:
Victim: I was told by my agency I'd get two months' paid vacation a year. Well, I didn't get it. I got only a month. I had to work one of those months, despite the promise.
You: Well, did you get the promise in writing in the contract?
Victim: No. I assumed the employer was 'good' and would take care of me.
You: BUSTED....fucking idiot. (No sympathy shown)

Scenario 2:
Victim: My employer breaks contracts. The contract stated I'd get two months' paid vacation, which I insisted be in the contract. However, I was told I'd have to work one of those months. I put the contract in front of the noses of my bosses, to no avail. I had to work the month.
You: Wow. That employer sucks. I will NEVER work there. (Heaps of credibility and sympathy bestowed on victim. Word spreads like wildfire that the employer is one who engages in bad business practices and is to be avoided. Victim learns that sticking up for himself actually PAYS, as word of mouth is a powerful force employers soon learn to avoid.)


If you don't care enough to stick up for yourself, you'll get no sympathy from your employers or your colleagues.

Respect.
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Sheikh Ago



Joined: 13 Aug 2009
Posts: 36

PostPosted: Thu Aug 20, 2009 5:08 am    Post subject: Reply with quote

Outstanding effort! Very useful when reviewing my offer and eventual contract. Thanks so much....if I had a hat I would tip it in your direction. Which reminds me...

Hats in KSA? Sun screen? Seems like 2 items I may find useful in the sand and sun....
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rigel



Joined: 17 Apr 2009
Posts: 308

PostPosted: Fri Aug 21, 2009 2:28 pm    Post subject: Reply with quote

Know that the agencies hate putting the answers to these in contracts. Most start treating me like a hole in the air when I include them in any contract I agree to sign.
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Middle East Beast



Joined: 05 Mar 2008
Posts: 836
Location: Up a tree

PostPosted: Fri Aug 21, 2009 2:35 pm    Post subject: Reply with quote

rigel wrote:
Know that the agencies hate putting the answers to these in contracts. Most start treating me like a hole in the air when I include them in any contract I agree to sign.


You're right, rigel. They have their standard-issue contracts and they consider it anathema to deviate from the language in those contracts. As I stated on this thread, they might provide answers to some questions in written form, i.e. email messages, but even if you print those answers and later display the hard copies in front of their faces, well, in my case, they ignored the indisputable evidence.

And there you are, stuck in KSA until they decide that you can leave. Notice or not, if they find any excuse to delay your exit visa, there's nothing you can do about it.
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Sheikh Ago



Joined: 13 Aug 2009
Posts: 36

PostPosted: Fri Aug 21, 2009 7:10 pm    Post subject: Reply with quote

This is an excellent thread. Thank you again Rigel for the effort and guidance.

The express wording of signed documents is always the best evidence of a "the meeting of the minds" as we say in the contract biz. If you end up before a labor tribunal after failed discussions between employee and employer to resolve employment disputes, most likely the only admissible evidence of your agreement will be the written K. E-mails, and any other correspondence (and your own accurate log/journal of communications) will probably help to demonstrate the validity of your arguments in-house, but will probably be of little or limited evidentiary value before a labor board. Hence the need to get the details agreed to in writing AND SIGNED in advance of getting on a plane.

It is a delicate process though. As you correctly pointed out, employers are not eager to make modifications to a K they see as well-drafted and suited to their employment needs. This is certainly not particular to KSA. As a prospective employee, it is your task to very diplomatically try to get them to make additions or amendments in writing and signed, without having them revoke the offer of employment. However if they are inflexible, you must make a decision, like all who have come before you, whether or not to sign....

Employers have traditionally held the upper-hand in their negotiations with prospective employees, and that dynamic has clearly worsened in this current global economic downturn. However, that disparity increases exponentially once the employee has traveled and relocated to foreign soil. My closing advice to fellow teachers is to determine (with as much info as possible) what is truly important to you in terms of working/living conditions, and compensation. Focus on making sure that those aspects are acceptable in the K, and then make that fateful decision to leap or not to leap...

Now, forgive me. I must actually go do of what I speak...

Thanks again to all contributors for this outstanding thread!

Mat
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Citizenkane



Joined: 14 Jun 2009
Posts: 234
Location: Xanadu

PostPosted: Sat Aug 22, 2009 9:21 am    Post subject: Reply with quote

More 'advice' from someone who'se never been to KSA.

Others have dealt with the tax issue (a non-issue in KSA) but this stands out:

Quote:
21. Will I be allowed to teach private lessons on the side?
21b. Must I get special permission to teach private lessons?


According to Saudi labour law, it is illegal to work - even casually - for anyone other than your legal sponsor. So there is simply no way any Saudi employer can or would formally allow you to teach privately. Some employers turn a blind eye to this in practice, but others take it very seriously and could fire you for teaching outside.

More generally, Saudi contracts are usually 'one size fits all'and wont' be altered to include your specific requests. If you have any of the above questions, the best thing is to get answers - in writing - from HR or your supervisor.
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rigel



Joined: 17 Apr 2009
Posts: 308

PostPosted: Sat Aug 22, 2009 9:50 am    Post subject: Reply with quote

Citizenkane wrote:
More 'advice' from someone who'se never been to KSA.


Most people have never been to the moon, either, yet they can offer plenty of advice about going there, living there, et al. Ditto for the Challenger Deep, Antarctica, down the tubes, the handbasket to hell....

But thanks for the info on doing privates in the KSA. Again, my points apply to all points in general, not just one specific place on the globe.


Last edited by rigel on Sat Aug 22, 2009 9:54 am; edited 1 time in total
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Citizenkane



Joined: 14 Jun 2009
Posts: 234
Location: Xanadu

PostPosted: Sat Aug 22, 2009 9:53 am    Post subject: Reply with quote

Quote:
Most people have never been to the moon, either, yet they can offer plenty of advice about going there, living there, et al. Ditto for the Challenger Deep, Antarctica....


OK, for my planned voyage to the moon, I'll just confer with you, and not bother meeting up with Nial Armstrong after all.
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rigel



Joined: 17 Apr 2009
Posts: 308

PostPosted: Sat Aug 22, 2009 9:55 am    Post subject: Reply with quote

Citizenkane wrote:


...Nial Armstrong after all.


Is the brother of Neil?

Nial would tell you to do your homework.


Last edited by rigel on Sat Aug 22, 2009 9:56 am; edited 1 time in total
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