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Kathryn842
Joined: 21 Feb 2016 Posts: 2
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Posted: Tue Feb 23, 2016 3:20 am Post subject: Question about contract clauses |
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Hello, I'm a new ESL teacher, recently arrived in Queretaro. I'm currently working for a private language school and recently received my FMM permission to work. I was given a copy of their contract to review and it includes a clause stating that should I break the year long contract, I would have to pay back half my salary for each of the months I didn't fulfill (i.e. if I left 3 months early I would owe them 15,000 pesos). Is this standard? I don't really want to agree to this as I have only been here a short time and already have other job opportunities, along with the fact that I'm not particularly fond of the school. Can anyone offer any advice? If I leave the school I'm at now to teach somewhere else how will that affect my immigration status? I appreciate any help/advice. |
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Guy Courchesne
Joined: 10 Mar 2003 Posts: 9650 Location: Mexico City
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Posted: Tue Feb 23, 2016 3:59 am Post subject: Re: Question about contract clauses |
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Kathryn842 wrote: |
Hello, I'm a new ESL teacher, recently arrived in Queretaro. I'm currently working for a private language school and recently received my FMM permission to work. I was given a copy of their contract to review and it includes a clause stating that should I break the year long contract, I would have to pay back half my salary for each of the months I didn't fulfill (i.e. if I left 3 months early I would owe them 15,000 pesos). Is this standard? I don't really want to agree to this as I have only been here a short time and already have other job opportunities, along with the fact that I'm not particularly fond of the school. Can anyone offer any advice? If I leave the school I'm at now to teach somewhere else how will that affect my immigration status? I appreciate any help/advice. |
I have seen a lot of contracts but I have never seen that. I don't believe it's legal. In any case, they'd never be able to collect except on anything they still owe you if you quit.
Breaking contract can be tricky and I almost always advise against it. In a small town like Queretaro, that may result in you not being able to work anywhere. Schools always red flag folks who break contract as the thinking is 'well, if she did it to one school, she'll probably do it to me'. And everybody knows everybody else...
That said, they don't sound like a place that's on the level if they have that clause.
Your immigration status would be fine, but you'd have only 90 days to get a new sponsor. |
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Kathryn842
Joined: 21 Feb 2016 Posts: 2
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Posted: Wed Feb 24, 2016 1:27 am Post subject: |
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Guy, thank you for the information. I definitely don't want to burn any bridges or break contracts, which is why I'm trying to get information before I decide whether or not I should sign with this school. The salary is pretty high compared to other schools in Queretaro and they provide transportation to company classes, so I guess I have to decide if it's worth it to stay at a place that doesn't treat teachers particularly well. Thanks again for the help. |
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notamiss
Joined: 20 Jun 2007 Posts: 908 Location: El 5o pino del la CDMX
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Posted: Wed Feb 24, 2016 6:13 pm Post subject: |
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Legal or not, I have the impression that it is quite common, and not specific to foreign teachers. When my kids were in elementary school (in a small private non-bilingual school) we were assured that we’d have continuity in teachers because it was in the contract that they had to pay the school if they quit. Guess what? It just meant that any teachers who quit would leave without notice and disappear so they wouldn’t have to pay (money they quite likely didn’t have). |
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