Job Discussion Forums

[clownshow]

Common clause in many industries but as always, negotiations are the key factor. I currently have one of these agreements as the university doesn't want their employees to be lured away to competitors taking clients with them. Recently had a competing university hire a former employee for more salary which prompted the agreements. Even though no release letter was given the competing company was able to secure a change in Work permit (FEC) so now my university is looking to enforce this policy through the courts.

[Scott543]

[igorG]

I agree. It's unreasonable. Hard to believe that FTs in this country would not understand each other this much. Many of us come and create materials rather than use the ones of our local employers and needless to say that most of us use our unique techniques we've learned outside the country. So, why this "misunderstanding" and the local restrictions?

[dog backwards]

I've been required to sign non-competition clauses for employers, but not in the field of education. I agree that it's pretty much a fact of life in the working world.

There are good reasons for it, the most obvious of which have been stated. I think Mat Chen proposed the most likely reason for the employer's requirement. Students often follow the teacher, especially if he is an effective one. (The comparison to a bar tender is a good one. Perhaps a more obvious western comparison would be a great auto mechanic or a hairdresser. I don't know any hair dressers, but I have known several excellent mechanics whom I followed after they left one shop for another. One guy finally opened his own shop, so I didn't need to keep track of him).

The question of enforceability does factor into the issue. The courts may not be able to enforce it, but the employer who required the agreement can enforce it when you need to use him as a reference. That's where vikeologist's wonderfully descriptive term comes into play. [raptus regaliter-- I love it!]

Signing the agreement pretty nixes your chance at a good reference if you do take a job in the same province. Perhaps you should secure a letter in-hand before you leave (if that's even possible) or start looking for another job before you invest too much time in the employer in question.

[Teatime of Soul]

It may be fair to ask someone to not open a school in the same city, but to ask someone to not engage in their profession is beyond reasonable.

No one can steal English. Every kiddy teaching method known to man can be found on youtube - the proprietary methods rationale just doesn't wash. Schools send spies to check out each others teachers and methods all the time.

In the US, these are called non-compete clauses and courts are generally unreceptive to cases where a mere employee is being disallowed to earn a living in his chosen profession for weak or nonexistent reasons.. BTW, IANAL.

[mat chen]

In Canada there used to be a shortage of Chinese cooks. They couldn't get visas because of immigration laws. So my rich Chinese friends would always take me to a different restaurant because the cook had moved. In China they are worried about the good looking person who can play the guitar, will shift to another school. Tea Time you are spot on, there are no secret formulas for learning a language. Funny how the fads pass. Very few English corners now and Lee Yang's Crazy English seems to have lost followers.

[Lobster]

You may discuss English Common Law or typical industry practices, but this is what Chinese labour law stipulates (bold mine):


Article 23. An Employer and a worker may include in their employment contract provisions on matters relating to maintaining the confidentiality of the trade secrets of the Employer. If a worker has the obligation to maintain the confidentiality of his Employer�s trade secrets, the Employer may agree with the worker on competition restriction provisions in the employment contract or confidentiality agreement, and stipulate that the Employer shall pay financial compensation to the worker on a monthly basis during the term of the competition restriction after the termination or ending of the employment contract. If the worker breaches the competition restriction provisions, he shall pay liquidated damages to the Employer as stipulated.

Article 24. The personnel subject to competition restrictions shall be limited to the Employer�s senior management, senior technicians and other personnel who have knowledge of trade secrets of the Employer. The scope, territory and term of the competition restrictions shall be agreed upon by the Employer and the worker, and such agreement shall not violate laws and regulations. The term, counted from the termination or ending of the employment contract, for which a person as mentioned in the preceding paragraph is subject to restrictions in terms of his working for a competing Employer that produces the same type of products or is engaged in the same type of business as his current Employer, or in terms of his establishing his own business to produce products or engage in business competing with his current Employer�s products or business, shall not exceed two years.

Without recognition of the above, this employer was certainly being unreasonable.

RED

[PattyFlipper]

[igorG]

Enforcement of laws around is one thing, and new laws out almost on yearly basis is yet another one. Then, there are clauses in agreements and/or laws that contradict each other as well. Needless to say that local employers usually look after themselves only and if you try negotiating harder than the employer is used to, you may and will most likely lose the opportunity. This is a trend and offers are more "uniformed" than ever before. In western countries, employers usually have their approach or tools for the job one may be contracted for, although that's not the same for this country, is it? I bring my own tools and approach to my classroom, so why should i be restricted to only one employer here? Yes, those are my "dishes" locals taste and pay for and i get paid as well, but my free time is my free time and if others wish to taste my "dish" or two..why not. LOCAL EMPLOYERS JUST WANT TO OWN YOU AND THAT'S THE NATURE OF THE ISSUE

[clownshow]

[igorG]

[clownshow]

[londis]

Personally, I think if an employer pays for your visa costs, accomodation etc, only to find you working at a rival center on your days off, it'd be fairly poor form. The wording of the contract is certainly a bit strict though.

[igorG]

This industry has failed many locals, not only FTs and their expectations. We are invited and come to help in the field the locals aren't good at. It's pretty much disgraceful we are restricted to one selfish local that may not understand the field of English language education at all.

As for the rival centers in the country, they act like some gangsters pimping their own. It's a shame the local market's drifted so much.

[clownshow]