Job Discussion Forums

periwinkle723 · Joined: 28 Feb 2012 Posts: 14

Considering a contract in Warsaw...they want me to sign for three years! Wondering what legal ramifications I might incur if I terminate contract early? Also...not able to find any info on whether or not medical exam is required for work visa? (More specifically...urinalysis for marijuana)... Any light on the subject would be very much appreciated...

delphian-domine · Joined: 11 Mar 2011 Posts: 674

Is it an umowa o prace, umowa zlecenie or umowa o dzielo contract?

Infinite · Joined: 05 Jan 2013 Posts: 235

^ what Delphian asked, plus, which school is it? There are no drug tests for teachers in Poland... read your contract. Make sure that there are no illegal clauses. You should be able to break off a contract giving them enough time [one or two months in advance]... the usual.

simon_porter00 · Joined: 09 Nov 2005 Posts: 505 Location: Warsaw, Poland

The contract will have a notice period for both sides - if it doesn't then the school is a scam.
If the school threatens you with fines for breaking off early - the school is a scam.
If the contract has a non-compete clause - this is unenforceable unless they offer you appropriate compensation. If they don't - it's a scam.

Other things:
If the contract includes accommodation, travel passes, mobile phones etc then I'd be very careful as they will use this 'connection' for their own advantage.

The contract name (as mentioned above) is important. If it's "umowa o dzieło" and they lock you in for 3 years - walk away (for a number of reasons not worth going into detail here). If it's "umowa zlecenia" or "umowa o prace" this is more desirable as these are the appropriate work contracts (although they have their differences).

periwinkle723 · Joined: 28 Feb 2012 Posts: 14

Thank you for your replies! I have yet to review the contract...as...according to what I've read...once I do...the offer is binding. They are supposed to get back to me today. It is a trilingual preschool. Flight..paid..small, shared flat..paid..visa..paid..insurance..paid..plus 1000 usd per month. Is that even enough in Warsaw? Here is the link to the school... http://3jezyki.pl/preschool-warsaw-about-us/?lang=en

delphian-domine · Joined: 11 Mar 2011 Posts: 674

I know of the place in question.

Their offer is insultingly low given the fees they charge. They're taking nearly 2000zl for registration and nearly another 2000zl a month in fees - in short, 1000USD/month is a complete insult - 2 children will pay your salary a month. I'd ask them for 1500USD as a minimum - assuming you are properly qualified to teach kindergarten.

If they aren't willing to negotiate once they send you the contract, stay away. It is quite normal here to negotiate over contract terms and conditions once you've seen the contract.

periwinkle723 · Joined: 28 Feb 2012 Posts: 14

Thank you for your prompt reply...I have a Master of Arts in Public Administration...and a BA in Psychology (Child & Family Development)... I am also TEFL certified...have taught preschool and worked as a substitute for 4 years...teaching all grades, subjects and levels. I most recently worked as the Director and Lead Teacher of an after school program... I oversaw.. 33 children and 5-7 staff members... All that being said... I am not a certified teacher as I have been able to find work without... Should I still shoot for 1500?...

Infinite · Joined: 05 Jan 2013 Posts: 235

You my friend are selling yourself short Wink

1500 would be the minimum I'd agree to. MINIMUM.

periwinkle723 · Joined: 28 Feb 2012 Posts: 14

Thanks for the compliment...having been undervalued and underappreciated professionally for so long...it is often times difficult to gauge your net worth...particularly across oceans... Smile

. So... The contract is umowa o prace... Having said that...a few things are puzzling me... 1. Despite being told that the school has a private General Practitioner and that I would be covered for both standard and emergency treatments and visits...there is no mention of my health care coverage anywhere in the contract. 2. It does say that the school will pay for the flat...but does not mention the location... (other than in or near town center).. Nor is the procedure for changing living arrangements described. I was only told that I would be sharing the apartment with a coworker. 3. It mentions that if contract is breached... I will reimburse them for air and visa related costs. I know this sounds like a stupid question...but that is a civil matter in Poland...yeah?... I ask only because I was considering a contract in Singapore at one point...they wanted 4 months salary to break the contract..and could keep me from leaving the country until it was paid... Is that the case in Poland...or? Thanks again all for the responses...they have been very helpful... Smile

periwinkle723 · Joined: 28 Feb 2012 Posts: 14

Oh... And how does one politely suggest that the salary is insufficient?... We don't negotiate much here...so I can't imagine that I'm very good at it...not to mention that I want to be culturally sensitive...without coming across as vulnerable or naive..

delphian-domine · Joined: 11 Mar 2011 Posts: 674

simon_porter00 · Joined: 09 Nov 2005 Posts: 505 Location: Warsaw, Poland

the old "x months salary" salary clause is illegal in Poland, so this 'work visa & plane ticket' is a nice way around it - the problem as far as they're concerned is enforcing it.

You have no assets here, so they can't claim against those - they can only take away your salary if you're silly enough to tell them at the beginning of the month and then work the whole month. Assuming that you walk out just after you've been paid for the previous month (which will mean ultimately you'll be working a week for free as payment probably won't be until the 7th or something) they can't legally enforce the clause if you leave Poland.
If you stay in Poland, and assuming the clause can't be challenged, they will enforce payment through a bailiff from the salary of your next job.

The only way to do this is to go through the court process - this will normally take up to 2 years.

They could try to issue an injunction against you stopping you from teaching in Poalnd, which is normally a lot faster, but this will be easily defeated (although it will cost you the services of a barrister) and the courts are generally unwilling to interfere with business activities through injunctions.

In short, if you time it right and bail out of the country, you can break the contract. Whether, on the other hand, this is any way professional, ethical or moral I'll leave down to you.

periwinkle723 · Joined: 28 Feb 2012 Posts: 14

Awesome news!! Thank you... Smile