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dagi
Joined: 01 Jan 2004 Posts: 425
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Posted: Sat Dec 06, 2008 8:03 am Post subject: How can you get out of a contract? |
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I started a job at a new school this school year and it did not turn out very well. (It's not just Istek )
Anyway, the situation has become almost unbearable for me and I want to get out, to keep my own sanity.
But...how do you get out of these contracts without getting into trouble? My contract has this nice paragraph in there that says:
In case an employee stays away from school for longer than 2 days, without an excuse that is accepted by the employer or hands in notice during the school your the employe is liable to pay a fine for contract breach (full year gros salary).
Now I could simply pack up and leave the country and care shit. But I want to be able and come back at least for holidays.
Does someone have experince with this? When you leave, will the school try to make you pay the fine or file with the police if you leave the country? |
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aziyade
Joined: 15 Nov 2008 Posts: 9 Location: istanbul
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Posted: Sat Dec 06, 2008 2:17 pm Post subject: Breach of contract |
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This is just mouth. No action will be taken against you. As for me, just to be on the safe side of things, I have asked a Turkish lawyer to write in proper Turkish an official letter of resignation.
I have been told that the fine is 6 months'salary but will not take it as word of truth. The only thing they can do is stop the work permit application and the health insurance papers and that is all. Don't let them think that they have you in their grip. Be firm and stay sane. All the best to you. |
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dagi
Joined: 01 Jan 2004 Posts: 425
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Posted: Sat Dec 06, 2008 2:49 pm Post subject: |
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I intended to contact a lawyer, too after the holidays to see what they could legally do.
My main concern is whether I will have problems once I want to return to Turkey (for holidays) which is very likely cause I have a Turkish boy-friend.
I was told that I should be carefull as the school could take legal action and file against me and I'd be cashed in at customs once I try to enter Turkey again.
Another option I thought about was to quit when my work permit expires in february, cause I am sure they won't have the new one ready in time.
So I reckon that inbetween work permits I will be working illegal and doubt the school would take legal action at that point.
But I want to be 100% sure, cause I don't want to end up in more trouble than I am already in. |
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jamessmart50
Joined: 14 Nov 2005 Posts: 91 Location: Istanbul, Turkey
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Posted: Mon Dec 08, 2008 1:57 pm Post subject: |
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| Hey. Well this happened to me too, a couple of years ago at a school in the south east which still has all my certificates, but that's another story. Anyway, I ended up paying them a months gross salary, which by the way is about a third more than what you see because of tax, if you hadn't realised that. So here's the deal: although the government seem to pay a blind eye to tourists working as teachers etc, they do care about schools employing teachers who have had work visas and ikamets paid for by other schools. In other words your school has you over a barrel, so to speak. Anyway, perhaps there are options: firstly, you could always negociate the sum downwards, why not? having said that, you have your pride to think of, so forget that one; secondly you could do a runner out of the country before they've noticed you gone, and then smuggle yourself back in on a rowing boat disguised as a fish... or something; or thirdly pretend you've left the country but go and work cash in hand at a small school somewhere in the city where you'll never be found, change you phone number, never contact the school again for anything, and maybe grow a beard... don't join a McChain school tho otherwise you might be found. That's what happened to me, ah, that wasn't fun! good luck! |
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dagi
Joined: 01 Jan 2004 Posts: 425
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Posted: Tue Dec 09, 2008 5:30 pm Post subject: |
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Jamessmart, I don't quite get what you mean with this:
" ...they do care about schools employing teachers who have had work visas and ikamets paid for by other schools. In other words your school has you over a barrel, so to speak. "
My work visa/ikhamet was organised and paid for by the school I currently work for. |
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nomad22
Joined: 14 May 2007 Posts: 71 Location: Auckland, NZ
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Posted: Wed Dec 10, 2008 9:12 am Post subject: no choice |
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| you really have no choice. you must do a runner. it would be smart to do it while youre without a work permit as youve mentioned, and as you say there's not sooooo much of a chance theyll hunt you down then. wait a few years before coming back to turkey and you should be fine. ive heard that if you get a new passport while youre home, with a new number (as such, different to the one you used to get your work visa) youll be ok. |
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dagi
Joined: 01 Jan 2004 Posts: 425
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Posted: Wed Dec 10, 2008 5:01 pm Post subject: |
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God, that is like slavery!
I'll sort out the legal side before I do a runner. Another idea was to leave the country while my work & residence permit are in renewal.
I've heard that people get banned from re-entering for several months when they overstay their permits and that might suit me just well.
Was I alone, I would mind to avoid Turkey for several years.
aziyade, would you mind of posting an update about your situation? |
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jamessmart50
Joined: 14 Nov 2005 Posts: 91 Location: Istanbul, Turkey
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Posted: Sat Dec 13, 2008 11:09 am Post subject: |
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| What I meant was, if school X employ you and pay for your ikamet, you can't run off and work for school Y whilst the ikamet is still valid, unless school X signs a letter officially releasing you from your contract, which I'm sure they'd only do once you're showed them the money. |
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FGT

Joined: 14 Sep 2003 Posts: 762 Location: Turkey
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Posted: Sun Dec 14, 2008 12:06 am Post subject: |
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As a point of information:
an Ikamet obtained by a school for you to work there becomes null and void as soon as you cease to work at the aforesaid school (or at least as soon as they inform the authorities of your departure).
If you wish to remain in the country you have to go to the Yabanci Subesi and tell them of your change in circumstances, you can then get the paperwork altered, otherwise you risk a nasty surprise. |
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Otterman Ollie
Joined: 23 Feb 2004 Posts: 1067 Location: South Western Turkey
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Posted: Sun Dec 14, 2008 1:23 pm Post subject: |
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You could of course work through your contract as you promised to do and try to give the rest of us a better image than just a bunch of no hopers who don't know what they are doing.
It is the more difficult and noble approach even though you work for someone who doesn't give a toss about you and expects you to play by the rules which they of course don't.
Don't run, stay and do the job you came to do with the best of your ability, you never know you may get some valuable experience that you can apply to your next job. |
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dagi
Joined: 01 Jan 2004 Posts: 425
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Posted: Sun Dec 14, 2008 2:14 pm Post subject: |
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First of all, I have no wish to work in any other school in this country. Even though I love Turkey I think their educational system is diabolic and I can't and don't want to cope with it. It's great if others can and want to, but that doesn't mean I have to.
Otterman, I can only partly agree. Look, what my school wants is simply advertising material that makes the parents sent their kids to our school. Our expertise and knowledge is not what they want, they just want foreign faces in the class-room.
Now that is fine, but it's beyond me why (especially the institution I work for) wants and only employs teachers who are highly qualified (M.A. of Ed. in their subject plus 5-10yrs experience), very experienced and then expect them to be happy just being 'clowns'.
I thought about that noble approach, but I'm not a twenty-something anymore and neither someone with a TEFL certificate who yet has to climb up the ladder. For me personally, this job is a complete waste of time and it won't get me valuable experience.
Fact is, that because people stick it out the school does not make any changes.
FGT, I know of that rule but don't want to remain in the country. I am only concerned wether I will be allowed back in for simple holiday purposes. |
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Otterman Ollie
Joined: 23 Feb 2004 Posts: 1067 Location: South Western Turkey
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Posted: Tue Dec 16, 2008 8:21 pm Post subject: |
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Your situation is not exactly unique. Most of us, at one time or another have found ourselves in pretty much the same spot.
If you have such a pessimistic view of the flawed excuse of an education that is the run of the mill in this country you have two simple choices, Leave on the next bus tomorrow and don't look back, don't expect to teach in the same school again. Your holiday plans are the least of your worries. Or just smile sweetly, take the money each month and shut up! Most of us do the latter and whinge on this forum when the bs gets too much.
Then we usually get replies like the one I just gave. Pay your money , take your choice. |
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dagi
Joined: 01 Jan 2004 Posts: 425
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Posted: Wed Dec 17, 2008 12:25 pm Post subject: |
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"don't expect to teach in the same school again" God Lord, I'm daft at times but not daft enough to make the same mistake, twice!
Still, I haven't quite found the answer to my original question whether this penalty clause is enforced e.g. legal or not. |
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Otterman Ollie
Joined: 23 Feb 2004 Posts: 1067 Location: South Western Turkey
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Posted: Thu Dec 18, 2008 2:27 pm Post subject: |
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| The simple answer is probably not! Ok ? |
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dagi
Joined: 01 Jan 2004 Posts: 425
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Posted: Fri Dec 19, 2008 7:59 pm Post subject: |
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Well, the penalty clause itself is legal. Only the amount the school puts in the contract might not be legal, there is a limit on what you have to pay.
Whether it's enforced or not is still not clear, that might also depend if the school has something to hide or not. |
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