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Contracts

 
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staryfacet



Joined: 17 Mar 2009
Posts: 3
Location: UK

PostPosted: Sat May 23, 2009 10:23 pm    Post subject: Contracts Reply with quote

I'm old fashioned in that I always honour a contract I sign. If I don't like the deal I don't sign, I negotiate, a simple principle which has stood me in good stead. As you can probably guess I expect people to stand by their word. When does being honourable become a handicap in EFL / ESL~?
Can you justify breaking an agreement you have made?

Thoughts please
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Glenski



Joined: 15 Jan 2003
Posts: 12844
Location: Hokkaido, JAPAN

PostPosted: Sat May 23, 2009 10:41 pm    Post subject: Reply with quote

Justifying breaking a contract is easy.

1. Employer lies or does things unscrupulous to warrant you leaving.

2. Emergency back home forces you to leave early.

3. A better opportunity comes along (in which case the honorable person tries his best to negotiate an early release).

When does being honourable become a handicap in EFL / ESL~?
When the employer is not honorable, too.
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staryfacet



Joined: 17 Mar 2009
Posts: 3
Location: UK

PostPosted: Sat May 23, 2009 10:50 pm    Post subject: Reply with quote

If they break the contract first are you still accountable? I don't think so!
They broke the contract not you.
If they lie the contracy is null and void - assuming their lies include the terms of the contract in the case of an genuine emergency then there should be a right of release.
A better opportunity comes along? Surely that's why there are contracts!

If the employer is not honourable you have a case but can you justify going into negotiations expectinjg to break an agreement?
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naturegirl321



Joined: 04 May 2003
Posts: 9041
Location: home sweet home

PostPosted: Sun May 24, 2009 2:51 am    Post subject: Reply with quote

The first one I broke, the Chinese owner was stealing from the company, using our salaries to buy desks and I was only working three hours a week., which didn't even cover my rent. Oh, did I mention that I was illegally working for 5 out of the six months?

The second I broke because I didn't have a contract, so I don't konw if that counts. I was working without a contract.

ALso, if you give notice it should be ok, especially if you have a better offer, they only come once in a blue moon.
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denise



Joined: 23 Apr 2003
Posts: 3419
Location: finally home-ish

PostPosted: Sun May 24, 2009 5:24 am    Post subject: Reply with quote

I agree that it's not an honorable thing to do, but there are justifications. What exactly constitutes breaking a contract, though? Many (most?) contracts will have some sort of escape clause--you need to give X amount of time as notice, maybe you forfeit your gratuity, etc., but since it's written into the contract, I don't consider it to be breaking a contract. Or maybe I think it's OK because I did it once. (Actually gave more notice than was required.)

I associate breaking contracts with pulling runners, which, sure, the people who do it will obviously have reasons for, but it is still unethical. It just creates a worse environment for the teachers who stick around and for those who are hired as immediate replacements. It just hurts the professionalism of the field as a whole--and there are already plenty of people who scoff at the idea of this job being a profession!

d
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denise



Joined: 23 Apr 2003
Posts: 3419
Location: finally home-ish

PostPosted: Sun May 24, 2009 5:26 am    Post subject: Re: Contracts Reply with quote

staryfacet wrote:
If I don't like the deal I don't sign


I agree with you there. If I'm not actually willing to take the job and accept their terms, I won't sign the contract. I'll just keep looking.

d
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spiral78



Joined: 05 Apr 2004
Posts: 11534
Location: On a Short Leash

PostPosted: Sun May 24, 2009 7:57 am    Post subject: Reply with quote

I think the worst abusers from the teacher side are people who sign contracts they really aren't satisfied with, then keep looking - and break the original when they find something they like better.

If you intend to keep looking after signing a contract - probably you shouldn't sign it!
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naturegirl321



Joined: 04 May 2003
Posts: 9041
Location: home sweet home

PostPosted: Sun May 24, 2009 11:41 pm    Post subject: Reply with quote

spiral78 wrote:
I think the worst abusers from the teacher side are people who sign contracts they really aren't satisfied with, then keep looking - and break the original when they find something they like better.

If you intend to keep looking after signing a contract - probably you shouldn't sign it!


I'm guilty of that Embarassed BUt in my defense, the fact that the work visa papers they sent me were wrong and they wanted me to fly halfway across the world to get a work visa and left my husband off the papers caused me to sign another contract.
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