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tefl peasant

Joined: 09 Oct 2010 Posts: 132
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Posted: Fri Oct 21, 2011 2:15 pm Post subject: |
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[quote="deadlift"]
| CThomas wrote: |
Well that's a very lovely sentiment, but it's entirely out of touch with reality. I didn't think that you were so naive to think that trying to take legal action against someone in Vietnam (particularly in such a small town as Da Nang) is a good idea.
This has to be the worst advice I've ever seen offered on these boards. I showed it to my wife (Vietnamese, from Da Nang) and she laughed and said "he must have just arrived in Vietnam, he'll learn soon enough". |
I know 3 people that hired a lawyer and went to court over a "breech of contract" with three different schools in Saigon.
They paid a lot to their lawyers. The case took many months to get to court.
2 of foreign teachers lost
The third teacher's suit was thrown out by the judge.
Right now there is another foreign admin trying to sue a very large school in Hanoi for an unfair termination. He's paid a lot of money to a lawyer that has basically done nothing. His lawyer says that for him to continue, he must be paid thousands of dollars, just to keep pursuing the case. He's spent his savings and is now asking people to loan him money to continue the case.
Remember, foreigner pay double price or more. Yes, this includes, legal fees. And the legal system is under and in the government. It is not a separate entity under "separation" and "checks and balances."
My advice: Don't waste your time and money only to be lied to and ripped off.
Get another job. |
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CThomas
Joined: 21 Oct 2009 Posts: 380 Location: HCMC, Vietnam
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Posted: Fri Oct 21, 2011 2:31 pm Post subject: |
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[quote="generalgiap"]
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Regarding your comment about the probation period, this is something that can't be verified and have never heard of a foreigner who has signed such a contract in Vietnam. It is the standard for Vietnamese but not for foreigners. But one also reads on this site about teachers working for free, and your fabrication about original work permits being kept in a drawer, and you still think its a fact.
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I'll bet you 1000 USD I did.
Your move, chief. |
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CThomas
Joined: 21 Oct 2009 Posts: 380 Location: HCMC, Vietnam
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Posted: Fri Oct 21, 2011 2:39 pm Post subject: |
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[quote="tefl peasant"]
| deadlift wrote: |
| CThomas wrote: |
Well that's a very lovely sentiment, but it's entirely out of touch with reality. I didn't think that you were so naive to think that trying to take legal action against someone in Vietnam (particularly in such a small town as Da Nang) is a good idea.
This has to be the worst advice I've ever seen offered on these boards. I showed it to my wife (Vietnamese, from Da Nang) and she laughed and said "he must have just arrived in Vietnam, he'll learn soon enough". |
I know 3 people that hired a lawyer and went to court over a "breech of contract" with three different schools in Saigon.
They paid a lot to their lawyers. The case took many months to get to court.
2 of foreign teachers lost
The third teacher's suit was thrown out by the judge.
Right now there is another foreign admin trying to sue a very large school in Hanoi for an unfair termination. He's paid a lot of money to a lawyer that has basically done nothing. His lawyer says that for him to continue, he must be paid thousands of dollars, just to keep pursuing the case. He's spent his savings and is now asking people to loan him money to continue the case.
Remember, foreigner pay double price or more. Yes, this includes, legal fees. And the legal system is under and in the government. It is not a separate entity under "separation" and "checks and balances."
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Fair enough. |
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generalgiap
Joined: 03 Sep 2011 Posts: 95
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Posted: Fri Oct 21, 2011 2:49 pm Post subject: |
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I suspect someone with your lack of experience would sign a contract where during the first two months you receive only 80% of your salary and receive no benefits. In addition, the company can dismiss you at any time. Most foreigners who understand basic math would prefer to sign a contract where there is no probation period , receive 100% of their salary and the company has to give them one month notice. Every company in Vietnam would like to meet and employ a foreigner like you who would sign such a contract but of course an educated/experienced foreigner would never do it and they don't.
In fact the Vietnamese dont like the contracts but they dont have a choice.
You forgot to include any info on your international school in Danang.
Best to leave it alone since you are living on another planet.
I would stop posting on this site because you are digging yourself a hole thats so deep that sooner or later its going to bury you alive.
This will be my last post concerning this topic, and no disrespect to CThomas but every post has disagreed with your advice.
Last edited by generalgiap on Fri Oct 21, 2011 2:58 pm; edited 1 time in total |
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CThomas
Joined: 21 Oct 2009 Posts: 380 Location: HCMC, Vietnam
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Posted: Fri Oct 21, 2011 2:56 pm Post subject: |
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| deadlift wrote: |
| CThomas wrote: |
I grant that some experienced voices are giving sound advice here, but I'm a fan of solidarity and of not letting "the man" get away with ripping off workers. You can chose to let this kind of thing slide, but I don't, nor would I advise anyone to do so. |
Well that's a very lovely sentiment, but it's entirely out of touch with reality. I didn't think that you were so naive to think that trying to take legal action against someone in Vietnam (particularly in such a small town as Da Nang) is a good idea.
This has to be the worst advice I've ever seen offered on these boards. I showed it to my wife (Vietnamese, from Da Nang) and she laughed and said "he must have just arrived in Vietnam, he'll learn soon enough". |
Well, I'd definitely consult a lawyer and bring him to the door if I thought it would help. I don't know any specifics about the OP's contract and all the people involved to say that I'd "bring legal action" per se. Glad someone got a giggle out of all this. |
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Oh My God
Joined: 31 Jan 2010 Posts: 273
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Posted: Fri Oct 21, 2011 3:13 pm Post subject: |
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| spycatcher reincarnated wrote: |
Note that the vast majority of cases don�t get to court as it is nearly always pointed ou, during the arbitration process, to the employer that they have violated the labor law and they agree to settle out of court. However, it should also be noted that even though they may agree to settle out of court it doesn�t mean that they necessary cough up in any hurry or at all.
Without more info my gut feeling, despite what I have written above, is that the OP should just walk away from their Da Nang employer and put it down to experience. If this were in HCMC my opinion would probably be different. |
From my own personal experience, I was able to get a settlement from VNU in HCMC by hiring a lawyer and threatening a lawsuit. I consulted with this same lawyer BEFORE signing the contract almost a year prior.
My first gig in VN was in Da Nang years ago. My personal experience was that the Police there were completely different than HCMC and impressed me as basically "anti-foreigner biased". So...
I'd suggest you take Spyguy's advice and just walk away as SOME of these schools in Da Nang are VN-mafia affiliated and can cause you more trouble than any settlement can be worth, also from my personal experience.
Spyguy (lol) has always been a trusted resource in my experience and General Know-it-all seems to have too much free time on his hands lately and is anxious to impress others for some reason  |
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CThomas
Joined: 21 Oct 2009 Posts: 380 Location: HCMC, Vietnam
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Posted: Fri Oct 21, 2011 3:17 pm Post subject: |
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| generalgiap wrote: |
I suspect someone with your lack of experience would sign a contract where during the first two months you receive only 80% of your salary and receive no benefits. In addition, the company can dismiss you at any time. Most foreigners who understand basic math would prefer to sign a contract where there is no probation period , receive 100% of their salary and the company has to give them one month notice. Every company in Vietnam would like to meet and employ a foreigner like you who would sign such a contract but of course an educated/experienced foreigner would never do it and they don't.
In fact the Vietnamese dont like the contracts but they dont have a choice.
You forgot to include any info on your international school in Danang.
Best to leave it alone since you are living on another planet.
I would stop posting on this site because you are digging yourself a hole thats so deep that sooner or later its going to bury you alive. |
I agree: you should stop posting on this site.
So, you don't want to take the bet? You basically called me out as a liar, then you don't take the bet. That means that you think I'm telling the truth enough that you won't put money on it.
Then you say I'd be a fool to take such a contract, anyway, whereas I really actually loved that job and am still friends with many people there, including the CEO. Lack of experience? No, just different, evidently better, experience.
Oof. The moderator is going to have a field day with this thread tomorrow. If I'm banned, peace out, everyone. |
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CThomas
Joined: 21 Oct 2009 Posts: 380 Location: HCMC, Vietnam
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Posted: Fri Oct 21, 2011 3:21 pm Post subject: |
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| Oh My God wrote: |
| spycatcher reincarnated wrote: |
Note that the vast majority of cases don�t get to court as it is nearly always pointed ou, during the arbitration process, to the employer that they have violated the labor law and they agree to settle out of court. However, it should also be noted that even though they may agree to settle out of court it doesn�t mean that they necessary cough up in any hurry or at all.
Without more info my gut feeling, despite what I have written above, is that the OP should just walk away from their Da Nang employer and put it down to experience. If this were in HCMC my opinion would probably be different. |
From my own personal experience, I was able to get a settlement from VNU in HCMC by hiring a lawyer and threatening a lawsuit. I consulted with this same lawyer BEFORE signing the contract almost a year prior.
My first gig in VN was in Da Nang years ago. My personal experience was that the Police there were completely different than HCMC and impressed me as basically "anti-foreigner biased". So...
I'd suggest you take Spyguy's advice and just walk away as SOME of these schools in Da Nang are VN-mafia affiliated and can cause you more trouble than any settlement can be worth, also from my personal experience.
Spyguy (lol) has always been a trusted resource in my experience and General Know-it-all seems to have too much free time on his hands lately and is anxious to impress others for some reason  |
Mileage may very in this country. It's difficult (for me and in general) to understand how different things are in different parts of it, and even people's individual circumstances. Thanks for a good golden mean post. |
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generalgiap
Joined: 03 Sep 2011 Posts: 95
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Posted: Fri Oct 21, 2011 11:51 pm Post subject: |
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| Quote: |
I'd suggest you take Spyguy's advice and just walk away as SOME of these schools in Da Nang are VN-mafia affiliated and can cause you more trouble than any settlement can be worth, also from my personal experience.
Spyguy (lol) has always been a trusted resource in my experience and General Know-it-all seems to have too much free time on his hands lately and is anxious to impress others for some reason |
Why take spyguys advice, I was the first one to say walk away.
Also, regarding free time, and trying to impress others etc, why not evaluate what I wrote and comment?
I think I know what I am talking about and provided some evidence, why go after someone who has taken valuable time to give people advice including a lot of details. That included an evaluation of the website. And most importantly was I right or wrong. |
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tefl peasant

Joined: 09 Oct 2010 Posts: 132
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Posted: Sat Oct 22, 2011 12:18 am Post subject: |
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| generalgiap wrote: |
| Why take spyguys advice, I was the first one to say walk away. |
True.
And I was the 3rd or 4th to say, "walk away."
Good that the OP warned others about this dodgy "institution," and futher reinforces my (and others) opinion that you visit schools, ask around town on the ground about them, before working for them and definitely signing a contract. |
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deadlift
Joined: 08 Jun 2010 Posts: 267
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Posted: Sat Oct 22, 2011 3:00 am Post subject: |
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Cthomas, the fact that you agreed to a probationary period similar to the terms described by Giap as being standard for Vietnamese employees does not mean that such practice is standard, common, normal, legally required, or unavoidable for foreign English teachers.
He didn't call you a liar about that, he said, rightly, that if you agreed to work for two months on reduced pay, that was down to your own decision and has nothing to do with labour laws. |
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spycatcher reincarnated
Joined: 19 May 2005 Posts: 236
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Posted: Sat Oct 22, 2011 6:52 am Post subject: |
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Generalgiap
I would like to make it clear that I am not in HR and haven�t read the labor law for years.
I don�t generally get involved in online arguments, but will still note the following:
Admittedly some of my post could have been better written and more precise, but so what, this is not a lawyers� forum.
Your comments on my posting are nitpicking, your opinions seem, to me at least, to be largely from your own experience, your supposed facts need checking, and you wander off subject.
The up to two months probation and the 80% minimum salary during the probation period are the legal limits and are subject to negotiation between the employee and employer. BTW, just yesterday I interviewed a Vietnamese national who said that if accepted for the position he would require an indefinite term contract on day one. This didn�t surprise or alarm me.
In this labor market it would not normally be sensible to have a new employee, regardless of nationality, on probation for two months. During the probationary period it is normal for the employee to continue the interview process with other prospective employers and find further opportunities. This is why it is normal amongst sensible employers, who insist on 2 months� probation (seems like a contradiction here), to offer to terminate the probationary period as soon as they feel the person is probably the right person for the position.
I understand that these days it is often Vietnamese employees that are insisting on the two months� probationary period so they feel less tied to the company and continue to look for better opportunities during this period. Foreigners could try this as well!
With the Vietnamese labor market as it is I can only imagine that it is employees with low self worth that would accept reduced salary during a probationary period.
Who cares if a labor contract is light blue? BTW when it changed from green to blue I assumed this was probably just a mix up with the word �xanh.� (I can play your game as well). The Vietnamese that I mentioned this to at the time didn�t know what I was talking about as to them it was still �xanh�.
I am too lazy to check, but I believe maternity laws are the same for Vietnamese and foreigners, admittedly foreigners won�t get the money from the national insurance, but they haven�t paid in to it. If I am wrong I would like to know.
Severance pay- Thanks for this information. Please can you tell me when they reversed the changes to severance pay that were applicable from, was it, 1 Jan 2009? The ones that were hotly debated all over the front pages of the national newspapers for months on end.
Please excuse my lack of knowledge on the Vietnamese labor laws and what really happens, as I haven�t been here for 20 years and am not in HR.
Tien Len!!
Last edited by spycatcher reincarnated on Sat Oct 22, 2011 9:42 am; edited 1 time in total |
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CThomas
Joined: 21 Oct 2009 Posts: 380 Location: HCMC, Vietnam
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Posted: Sat Oct 22, 2011 8:24 am Post subject: |
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| deadlift wrote: |
Cthomas, the fact that you agreed to a probationary period similar to the terms described by Giap as being standard for Vietnamese employees does not mean that such practice is standard, common, normal, legally required, or unavoidable for foreign English teachers.
He didn't call you a liar about that, he said, rightly, that if you agreed to work for two months on reduced pay, that was down to your own decision and has nothing to do with labour laws. |
Dude. I may like you in person. Who knows. But here's where I am, this World Cup weekend, regarding this topic:
http://23.media.tumblr.com/tumblr_kvhkvwh5GB1qzf94so1_400.gif
Peace. |
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haller_79
Joined: 09 Mar 2007 Posts: 145
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Posted: Sat Oct 22, 2011 8:30 am Post subject: |
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| Oh My God wrote: |
Spyguy (lol) has always been a trusted resource in my experience and General Know-it-all seems to have too much free time on his hands lately and is anxious to impress others for some reason  |
,MOD EDIT |
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snollygoster
Joined: 04 Jun 2009 Posts: 478
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Posted: Sat Oct 22, 2011 10:36 am Post subject: General Disaster? |
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What I see is that General Disaster has put a lot of his/her own time and effort into trying to give what information he/she feels may be of assistance. Just because some don't like the information he/she gives, doesn't make it wrong.
To anyone who goes to such lengths to help out, right or wrong, I take off my hat, and I think you should too.
I have also sometimes been castigated on this forum for trying to be helpful, and it makes me wonder why I bother when I get argument and ridicule. I know only what I know, and if it helps someone, I am happy. Lets be grateful for anyone who goes to such lengths to try to help-even if the truth isnt what we want to hear.
After all, the general probably doesn't even know you, so what's in it for him? Keep it up general- I may not always agree with everything, but I do appreciate the effort. |
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