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Is this contract clause normal/legal
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tarte tatin



Joined: 02 Mar 2007
Posts: 247
Location: Istanbul

PostPosted: Thu Jul 26, 2007 12:53 pm    Post subject: Is this contract clause normal/legal Reply with quote

I have been offered a teaching job at a private school. There is a clause in the contract that says if I leave the job without good reason (i.e. health problems) before the end of my contract I have to reimburse the school 10,000 YTL.

I am not at all happy about this as 'good reason' is open to wide interpretation. Is this normal in Turkish contracts or even legal?
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Baba Alex



Joined: 17 Aug 2004
Posts: 2411

PostPosted: Thu Jul 26, 2007 1:03 pm    Post subject: Re: Is this contract clause normal/legal Reply with quote

tarte tatin wrote:
I have been offered a teaching job at a private school. There is a clause in the contract that says if I leave the job without good reason (i.e. health problems) before the end of my contract I have to reimburse the school 10,000 YTL.

I am not at all happy about this as 'good reason' is open to wide interpretation. Is this normal in Turkish contracts or even legal?


Having to pay to leave an employment is called slavery. The normal notice period is 1 month. There's no way I'd sign a contract like that, unless I was working there illeagally, in which case they wouldn't be able to do anything when I didn't cough up.
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Golightly



Joined: 08 Feb 2005
Posts: 877
Location: in the bar, next to the raki

PostPosted: Thu Jul 26, 2007 1:23 pm    Post subject: Reply with quote

lots of derhanes used to have a similar clause in their contracts back in the 90s, due to problems with teachers doing a bunk and starting to work for another school.
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FGT



Joined: 14 Sep 2003
Posts: 762
Location: Turkey

PostPosted: Thu Jul 26, 2007 3:25 pm    Post subject: Reply with quote

I've seen it in contracts before but never known it to be enforced.
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tararu



Joined: 07 May 2006
Posts: 494

PostPosted: Thu Jul 26, 2007 3:44 pm    Post subject: Reply with quote

There is a school in Diyarbakır that enforces it. They made nasty threats to some guy who had left there, so he paid them.
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angelacakir



Joined: 25 May 2007
Posts: 13

PostPosted: Thu Jul 26, 2007 5:00 pm    Post subject: Reply with quote

I work in a private school and my contract has a clause like that, my contract states that i have to pay 2,000 dollars. I have worked at this school for ten years and school have never asked any teachers to pay this amount. Most schools put the clause in as you may be tempted to work for their rival down the road.
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tarte tatin



Joined: 02 Mar 2007
Posts: 247
Location: Istanbul

PostPosted: Fri Jul 27, 2007 6:54 am    Post subject: Reply with quote

Yes I am really not happy about signing up to it. I would be going into the job with the intention of completing my contract. But in the worst case scenario if things got unpleasant at work or I was bullied I would have no way of leaving. The school is offering a meagre 1500 YTL so they know no one could ever afford to pay 10,000.

I don't know about Turkish labour law, but in most countries this type of penalty clause is illegal. I can sort of understand why schools put it in because foreign teachers are hard to replace at the drop of a hat. But I agree with Baba paying to leave employment is slavery.
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Baba Alex



Joined: 17 Aug 2004
Posts: 2411

PostPosted: Fri Jul 27, 2007 7:10 am    Post subject: Reply with quote

tarte tatin wrote:
Yes I am really not happy about signing up to it. I would be going into the job with the intention of completing my contract. But in the worst case scenario if things got unpleasant at work or I was bullied I would have no way of leaving. The school is offering a meagre 1500 YTL so they know no one could ever afford to pay 10,000.

I don't know about Turkish labour law, but in most countries this type of penalty clause is illegal. I can sort of understand why schools put it in because foreign teachers are hard to replace at the drop of a hat. But I agree with Baba paying to leave employment is slavery.


I'd hazzard a guess and say it is illeagal, but I can check. It's a ridiculous excuse that they don't want teachers to leave mid-term. If they offer good conditions they'll get good teachers, one thing that makes a good teacher is a responsibility to the students. A one month notice period should be all that's needed. The school's just trying to play power games. If this is in their contract then, at a guess, I'd say they were dreadful employers.

NAME AND SHAME, it's your duty,
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justme



Joined: 18 May 2004
Posts: 1944
Location: Istanbul

PostPosted: Fri Jul 27, 2007 8:11 am    Post subject: Reply with quote

Yeah, I'd be worried about a school that's worried to the tune of 10,000ytl that their teachers will run off. Makes me think they've had a big problem with it in the past.

But it could be they're doing that because they've seen it in other schools' contracts for foreign staff and they just think it's the done thing. If the school seems really good otherwise, why not have them take that part out?
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Baba Alex



Joined: 17 Aug 2004
Posts: 2411

PostPosted: Fri Jul 27, 2007 8:25 am    Post subject: Reply with quote

justme wrote:
Yeah, I'd be worried about a school that's worried to the tune of 10,000ytl that their teachers will run off. Makes me think they've had a big problem with it in the past.

But it could be they're doing that because they've seen it in other schools' contracts for foreign staff and they just think it's the done thing. If the school seems really good otherwise, why not have them take that part out?


Yeah, I'd pont out that it's an immoral clause in the contract.
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Otterman Ollie



Joined: 23 Feb 2004
Posts: 1067
Location: South Western Turkey

PostPosted: Fri Jul 27, 2007 9:43 am    Post subject: Reply with quote

As far as I'm aware this is not part of a standard employment contract . I also doubt if it would be enforceable as it would not to very much for the image of any school .
If they insist that this clause remains then you have to consider two approaches, first ask for an agreeable time for you to be able to give notice, say two months after which you are free to leave without penalty regardless of the time of year . Most employers seem to think teachers grow on trees so thats enough time to find a replacement .
If that is not acceptable then you need to ask yourself if this is the type of place you need to work at ,if the salary is anything to go by I think you already know the answer to that .
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tarte tatin



Joined: 02 Mar 2007
Posts: 247
Location: Istanbul

PostPosted: Fri Jul 27, 2007 10:09 am    Post subject: Reply with quote

I have turned the job down because of this clause - they did not offer to change it. I have also had a better offer and decided to re-locate. In many ways the school would have been convenient (near my home etc) but that clause rang big alarm bells.

I was also annoyed because they sent me on a 14 hour round trip to Ankara for an 'interview' that lasted all of 10 minutes.

BTW I am new to EFL in Turkey, what would you all consider a reasonable salary?
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kingtubby



Joined: 25 Jul 2007
Posts: 31

PostPosted: Fri Jul 27, 2007 11:25 am    Post subject: WHO? Reply with quote

Tarte, u want others to undergo the same fruitless wild goose chase? Why not give us the name of the school? You scared of being sued for libel too? You did right to tell 'em to stuff their contract where the sun dont shine. As for salary, I wouldnt work for less than 2000 per month, in Ankara anyway, but plenty of underqualified backpacking freeloaders would.


And hey, what happened to the avatar? My wife really liked that avatar!
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tarte tatin



Joined: 02 Mar 2007
Posts: 247
Location: Istanbul

PostPosted: Fri Jul 27, 2007 12:00 pm    Post subject: Reply with quote

The reason I am not posting the name of the school is that it has branches in many cities and I know people who have had good experiences with them.

The terms and conditions vary from branch to branch and one reason I found the Ankara interview frustrating was the head office knew nothing about salary and curriculum. These questions were answered of course at my local branch afterwards.

It is a private school that has a very good reputation in terms of academic excellence. Other people on this thread are also working quite happily under similar contracts so it is a matter of personal feeling. I just happen to agree with Baba that you should not have to pay to leave an employer.

I have no malicious feelings toward the school or the nice people who interviewed me there. There are not many private schools in Samsun so anyone who is offered such a job should read the contract carefully.
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batukhan



Joined: 25 Mar 2006
Posts: 26

PostPosted: Fri Jul 27, 2007 1:49 pm    Post subject: Reply with quote

The 10000 ytl penalty is impossible to enforce. Dont worry about the penalty but the 1500 ytl a month salary would be more of a concern to me. Maybe life is incredibly cheap in Samsun or accomodation is included but even with accom that is still heavily on the low side. In the west that would easily be one of the lowest salaries I have ever heard quoted.
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