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contract glitch
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Wed May 26, 2010 9:04 am    Post subject: contract glitch Reply with quote

Tiny problem, but would like some feedback. I'm getting ready to sign a new contract, but it calls for me to attend "probably" three English Corners per week. I HATE ENGLISH CORNERS. I asked the FAO to take that out, he replied that they don't happen anyway, the administrators don't check teacher attendance, don't worry about it, etc., it's just a standard clause in the contract, none of the other teachers go to them, blah, blah...... It IS in the contract, though. I technically have his disclaimer in writing (an e-mail with the contract attached). Whaddya think?
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tttompatz



Joined: 06 Mar 2010
Posts: 1951
Location: Talibon, Bohol, Philippines

PostPosted: Wed May 26, 2010 9:24 am    Post subject: Re: contract glitch Reply with quote

johntpartee wrote:
Tiny problem, but would like some feedback. I'm getting ready to sign a new contract, but it calls for me to attend "probably" three English Corners per week. I HATE ENGLISH CORNERS. I asked the FAO to take that out, he replied that they don't happen anyway, the administrators don't check teacher attendance, don't worry about it, etc., it's just a standard clause in the contract, none of the other teachers go to them, blah, blah...... It IS in the contract, though. I technically have his disclaimer in writing (an e-mail with the contract attached). Whaddya think?


Delete the clause, sign the contract, keep a copy and send it back.

Initial ALL the pages so they can't switch it out and put in an old version of the page with the old clause intact.

If they accept it as you sent it then your problem is solved.
If they don't then you know it may be a problem for you in future.

.
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Silent Shadow



Joined: 18 Oct 2007
Posts: 380
Location: A stones throw past the back of beyond

PostPosted: Wed May 26, 2010 9:26 am    Post subject: Reply with quote

As it's not required and seems unimportant to the school, I would reason with them and ask " Why not take it out, then?". ...not difficult, surely!

I had similar issues with my current school, though it was the opposite. Things that were promised verbally like return airfare and payment of utilities were omitted. They couldn't understand why I insisted that they should be included in the contract. In the end I made adjustments, myself (I told them I was doing it, and to check the changes) to the copy of the contract that they sent me by email attachment, and they agreed to the changes and signed the contract.

Then again, as you're renewing maybe you can trust them on this if they've been trustworthy up to now. You could consider their track record regarding both their written and verbal promises. It will largely depend on how good your relationship is with them.

How many English corners were required in last years contract?; it seems strange to suddenly shove this on you, on a contract renewal!

Er!... sorry. I've just checked and you didn't say renewal. If it's a new school, forget the last two paragraphs. In that case, it's even more important to get rid of the clause
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The Ever-changing Cleric



Joined: 19 Feb 2009
Posts: 1523

PostPosted: Wed May 26, 2010 9:40 am    Post subject: Re: contract glitch Reply with quote

johntpartee wrote:
Tiny problem, but would like some feedback. I'm getting ready to sign a new contract, but it calls for me to attend "probably" three English Corners per week.

are you sure its 3 X per week and not per term? my contract states I should attend english corner 3-4 times per semester, which isn't unreasonable. you should only be responsible for going to english corners held by the english department (or whatever department you work in) not every department in the school (which sounds like your situation). Three times per week is too much if in fact that's what your contract says, so just ask them to compromise.
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wangdaning



Joined: 22 Jan 2008
Posts: 3154

PostPosted: Wed May 26, 2010 11:15 am    Post subject: Reply with quote

If you sign a contract you should read it first. The school cannot change the contract after signing or it would be messed up. Changing anything before signing is fine, as the other party should read it.
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kev7161



Joined: 06 Feb 2004
Posts: 5880
Location: Suzhou, China

PostPosted: Wed May 26, 2010 12:33 pm    Post subject: Reply with quote

Quote:
You'd be tossing a fit if you found out that you signed a contract and then found out that the school changed a term in it without you knowledge - regardless of the signing/initialing pages, etc. You would come running with a huge banner subject to stay away from that school.


Is it me or did one of us misread the OP? The contract has not yet been signed so some are advising to make changes (and/or discuss changes with the school) BEFORE signing. This seems reasonable and prudent so both parties will be happy(ish) with each other after the signing is over and done with and there are no unpleasant surprises down the line.
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Wed May 26, 2010 12:38 pm    Post subject: Reply with quote

OP here. Yeah, I'm trying to avoid any unpleasant surprises. No matter how much the FAO assures me that nothing will come of not doing the English Corner Boogie, TECHNICALLY I would be in violation of the contract by not doing it. Therefore,.........

And no, I have not signed the contract. That's why I put this topic on in the first place. If I had already signed, this would all be moot.
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Teatime of Soul



Joined: 12 Apr 2007
Posts: 905

PostPosted: Wed May 26, 2010 1:17 pm    Post subject: Reply with quote

The SAFEA contract does not have this provision.

The SAFEA contract allows amendments that have equal force in law. Not sure what kind of contract you are signing.

By now, you should know if they are trustworthy or not. If you trust 'em, sign away.

If they say anything later, just give some formalistic excuse that will signal them to stop asking; e.g., "I'm sorry, I was busy writing lesson plans for my normal classes. I'll try to make it next time." They'll get the message.
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Wed May 26, 2010 1:56 pm    Post subject: Reply with quote

No, I don't know if they're trustworthy or not. I've been communicating with them for a couple of weeks. They smile a lot. I met a foreign teacher who's leaving, but he seemed to be on excellent terms with the FAO; don't know if that means anything.
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gene



Joined: 03 Mar 2010
Posts: 187

PostPosted: Wed May 26, 2010 11:01 pm    Post subject: Reply with quote

Likely he is trying to reassure you without changing anything that might alert his supervisors that all contract obligations are not being met. This would indicate he is walking a tightrope between his staff and his bosses. Whether or not this would be come a active stipulation in the contract would likely depend on events surrounding the day to day operations of your school. In other words, if this became an issue the FAO would expect you to fulfill the obligation so his "higher ups" would get off his back. Trusting the FAO or the school is an attitude that should be exercised in the present tense as any actions directed towards the FAO (by the administration) in the future will determine his expectations and not his assurance in the email.
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Silent Shadow



Joined: 18 Oct 2007
Posts: 380
Location: A stones throw past the back of beyond

PostPosted: Thu May 27, 2010 12:53 am    Post subject: Reply with quote

Apart from the FT that you've met, have you been told that other FTs work there, too ? If so, why not ask for emails of those FTs, and find out if they had the the same or similar stipulations in their contracts, and if the stipulations were enforced? I don't think most FTs would lie about an issue like this. This is what I would do. A reasonable school, should have no problem with this.

If you find out that they had to do those English corners, you could express your concerns with the FAO. Explain that you would rather use the time to prepare lessons and allow time for students who need help with their studies to see you.
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Thu May 27, 2010 12:58 am    Post subject: Reply with quote

Quote:
ask for emails of those FTs


That's so obvious that I'm angry at myself for not thinking of it. I just sent the FAO a message.
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Lobster



Joined: 20 Jun 2006
Posts: 2040
Location: Somewhere under the Sea

PostPosted: Fri May 28, 2010 5:28 pm    Post subject: Reply with quote

There's absolutely nothing wrong with unilaterally making changes to a contract and sending it back. I do it all the time. Of course I give a clear notification of all changes I've made and the reasons I've made those changes. Reasons may range from thinking a clause is vague to just not liking it. Still, each party has the responsibility to read the final copy before signing it.

RED
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Sat May 29, 2010 3:26 pm    Post subject: Reply with quote

I finally decided to tell them to either take out the EC's or find another teacher. They took them out.
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Silent Shadow



Joined: 18 Oct 2007
Posts: 380
Location: A stones throw past the back of beyond

PostPosted: Sun May 30, 2010 1:51 am    Post subject: Reply with quote

Well done.
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