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littleteflteacher
Joined: 05 Jan 2009
Posts: 8
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 Posted: Fri Jan 09, 2009 3:26 am Post subject: Penalty Clauses |
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I would like to know if anyone has any experience of paying a fine/penalty for leaving a TEFL position whilst in Hong Kong.
I very stupidly signed a contract which involved the company withholding my first months wages (as a deposit) which I now face losing as a fine for leaving my position after 5 months and not completing the 1 year contract. I have given the company sufficient notice of my decision to leave. Naturally I don't want to pay $15k for moving jobs.
Does anyone know if this is legal/illegal?
How I can claim my money back?
Much appreciated |
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Honky Nick
Joined: 20 Sep 2006
Posts: 113
Location: Hong Kong
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| Posted: Fri Jan 09, 2009 6:25 am Post subject: |
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| I had to pay back the cost of my flights and 2 weeks at a hotel when I left a kindergarten job 6 months into the contract. I gave them the full 2 months' notice, though, so there were no further penalties. |
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littleteflteacher
Joined: 05 Jan 2009
Posts: 8
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| Posted: Fri Jan 09, 2009 6:42 am Post subject: |
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Cheers - presumably you'd signed a year contract so that kind of makes sense if they paid for you in the first place.
My company is currently holding my wages for time worked.
I'm wondering if this is ok since I did actually work!!! |
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Marcoregano
Joined: 19 May 2003
Posts: 872
Location: Hong Kong
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| Posted: Fri Jan 09, 2009 7:09 am Post subject: |
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| Try asking the Citizens Advice Bureau - gweilo staffed and very helpful - 28155444 |
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littleteflteacher
Joined: 05 Jan 2009
Posts: 8
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| Posted: Fri Jan 09, 2009 7:27 am Post subject: |
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Thanks!
I've got an appointment with an organisation called CLIC that offer free legal advice, although its a looonnnnnngggg wait!
Hopefully that will give me some clues |
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Cohen
Joined: 30 Dec 2008
Posts: 91
Location: Hong Kong
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| Posted: Fri Jan 09, 2009 10:06 am Post subject: |
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| I have a question to ask, and this is not an attack on Little TEFL Teacher, but why on Earth do people enter into agreements like this? Are people really so desperate to come to rampant pollution, tiny flats, crowded, pushy, aggressive streets, SARs, Ground Zero for Bird Flu, and high working hours? I just don't understand it. |
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littleteflteacher
Joined: 05 Jan 2009
Posts: 8
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| Posted: Fri Jan 09, 2009 10:31 am Post subject: |
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No offence taken but I just really like Hong Kong! As do a lot of people I think.
I was easily swept along by this company and didn't think it would be a problem. Now the long hours are taking its toll, I see that there are better jobs out there I want out.
I don't think I would have been able to move to Hong Kong if it wasn't for this company as they do provide a room (rent taken from your wages) and this was useful for me at that time due to lack off funds.
All of that said I don't see why I should have to pay them $15,000 to leave - despite giving plenty of notice. |
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Serious_Fun
Joined: 28 Jun 2005
Posts: 1171
Location: terra incognita
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| Posted: Sat Jan 24, 2009 9:24 am Post subject: |
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| littleteflteacher wrote: |
| I don't think I would have been able to move to Hong Kong if it wasn't for this company as they do provide a room (rent taken from your wages) and this was useful for me at that time due to lack off funds. |
The answer to Cohen's question, then, is yes, you really were so desperate to come to HK that you signed a contract to work crap hours for crap wages, accepted employer-provided housing with rent withheld from crap wages, and even agreed to a ridiculous clause which allowed the employer to keep a month's salary if you decided to leave.
| littleteflteacher wrote: |
| All of that said I don't see why I should have to pay them $15,000 to leave - despite giving plenty of notice. |
I see why you should: You signed the contract fully aware of the clause. Welcome to the big bad world of low-end "Language Schools".
I do hope that things work out for you. If you are still desperate I may know of a Thai fishing boat that needs slave labour for the next voyage. 
Last edited by Serious_Fun on Sun Jan 25, 2009 4:35 am; edited 1 time in total |
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littleteflteacher
Joined: 05 Jan 2009
Posts: 8
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| Posted: Sat Jan 24, 2009 9:44 am Post subject: |
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Yes the answer was YES! I don't think I've tried to deny that?! - I do really like Hong Kong, its an awesome city and I was really keen to move here. Now I've found a job in a school for more money and less hours.
I've worked for the company for 5 months and I think thats a good amount of time to decide if you like a job or not, of which the answer is not. I've handed in my notice which is my right and something people do all the time.
I've taken some legal advice and under hong kong law the company can not enforce the penalty. Hopefully, after a fight, I should get my earnings back. |
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Serious_Fun
Joined: 28 Jun 2005
Posts: 1171
Location: terra incognita
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| Posted: Sun Jan 25, 2009 4:33 am Post subject: |
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| littleteflteacher wrote: |
| Yes the answer was YES! I don't think I've tried to deny that?! - I do really like Hong Kong, its an awesome city and I was really keen to move here. Now I've found a job in a school for more money and less hours. |
Thank you for the reply; I posted the comment about slave labour on a fishing boat because I wanted to warn others who may be taken in by these job offers. (I suspect that you were working for Deborah Kindergarten. Am I correct?)
As I have commented many times on this forum, Hong Kong is not the place for someone without QTS. Of course, some people get lucky and are in the 'right place at the right time' , etc., but, generally speaking, an unqualified teacher will be working long hours for low pay and will not enjoy the holiday schedules that many of us have.
I am not posting these comments to reduce competition, nor am I posting them to try to perpetuate myths about the elite teaching environment here in HK. I merely want to warn those who may be considering HK as an option for teaching, or who may think that HK is a backpacker teacher destination.
For those who post on this forum inquiring about "teaching" jobs despite the fact that they have not even earned a baccalaureate...well: 
littleteflteacher, good luck. I hope that your new position works out well both for you and your students. |
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once again
Joined: 27 Jan 2003
Posts: 815
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| Posted: Sun Jan 25, 2009 10:57 am Post subject: |
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| Cohen wrote: |
| I have a question to ask, and this is not an attack on Little TEFL Teacher, but why on Earth do people enter into agreements like this? Are people really so desperate to come to rampant pollution, tiny flats, crowded, pushy, aggressive streets, SARs, Ground Zero for Bird Flu, and high working hours? I just don't understand it. |
What is that keeps you in Hong Kong then? |
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littleteflteacher
Joined: 05 Jan 2009
Posts: 8
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| Posted: Mon Mar 16, 2009 10:45 am Post subject: |
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No I wasn't working for Deborah Kindergarten but I'll know to avoid them! Thanks for the tip!!
After some investigation with the labour revisions department, the conclusion appears to be that although the contract IS illegal there is nothing to be done. This is because we agreed to a one years contract in the first place.
My new job is working out much better and no dodgy penalty clauses... phew.
Now to get a certificate of service out of my previous employers?!?! Argh |
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