Job Discussion Forums

da teacha · Joined: 15 Oct 2010 Posts: 12

I've recently found myself in a strange situation, and am hoping that somebody would be able to offer me some advice. Any feedback would be greatly appreciated.

I recently handed in notice to the director that I would be resigning, giving the 3 months required in the contract.

I signed a 2 year contract back in September, and come leaving, I will have been working at the school for 10 months.

The contract states that they reserve the right to deduct "a reasonable proportion of the money" which they had spent on me; i.e. flights, etc. This is totally understandable, and I was willing to pay my way, however the sum they quoted shocked me immensely: �1,500.

The sum comes from a 2week hotel stay, outward flight, settling in allowance + 7 days of holiday which I haven't earned (and cannot cancel). All of this is assuming I have completed x% of my contract over the 2 years, thus must pay x% of the fees incurred.

However, other teachers in the past who have terminated such a 2 year contract, have only paid this amount over a 1 year period. I.e. if you work 1 year, then you don't owe the school any money. They signed the same contract as me.

I believe, and I hope I'm not the only one, that �1,500 is an insane amount considering:

a) It's 150% of my monthly salary, meaning I'll effectively work for no pay for 1 month and a half if I want to leave the company. Why spend so much on new teachers?

b) Other teachers on the same contract have paid FAR less to break their contract early. The director stated that there was recently a change in policy.

c) The contract states they can take a 'reasonable amount' from me. Is charging �1,500 so 'reasonable'?

I'm not sure about it all myself. Does the contract, however vague it may be, over-ride everything? Or do I have a case in refusing to pay, or if required, disappearing into the night?

As echoed above, given the situation and the length of the post, any feedback is greatly appreciated.

Regards,

hippocampus · Joined: 27 Feb 2012 Posts: 126 Location: Bikini Bottom

I'd tell'm to stick it where the sun don't shine, but that's just my gut reaction.
You don't say what country you are in. Is it possible for you to do a runner? Just go to the airport, and minutes before the flight leaves tell them what I said above. It could be you need an exit visa from your employer or perhaps they're holding your passport. In some countries it's illegal for them to do so, and even if they can guess what you're up to, you might want to insist on having it back.

Tudor · Joined: 21 Aug 2009 Posts: 339

Are you planning on staying in whatever country you're in?
Do you need an exit visa stamp to leave this country?
Do you have your passport?
Do you need a reference from this school or could you 'cover your tracks' easily in future job applications?

If you're able to leave the country freely and won't be returning, I'd be inclined to take Hippo's advice and disappear. First though (or if you wish to stay in this country or need a reference) I'd try to negotiate an amount with them that you think is reasonable, but do take into account that it looks like they spent a considerable amount on you in the first place and they've got less than a year's return on that investment.

Ultimately though, if you do disappear, then I'd say it's their own fault for their lack of transparency and inconsistency with regards to these fees. Many schools are quite clear in their penalties for breaking contract - within three months you pay $xxxx, 3-6 months $xxx, 6-9 months $xx and so on - and in these cases they've got you bang to rights.

By the way, if you do decide to do a runner, make sure you've been paid first Very Happy

sharter · Joined: 25 Jun 2008 Posts: 878 Location: All over the place

Several ways to deal with this.

1-Run.

2-Get yourself fired.

3-Consult a lawyer some of these contracts aren't worth Jack, especially if they've breached it in some way already.

4-Medical reasons for not being able to complete the contract.

5-Withdraw your resignation...change of heart etc, get paid, then run.

Above all else remember this: THE PERSON YOU ARE DEALING WITH IS A GREEDY LANGUAGE SCHOOL OWNER NOT DON CORLEONE, SO ALL THEIR THREATS ARE BASED ON THE ASSUMPTION THAT YOU KNOW NOTHING IN THEIR COUNTRY AND CAN THEREFORE BE MUGGED OFF.

johntpartee · Joined: 02 Mar 2010 Posts: 3258

20-20 hindsight ain't gonna do much good, but you should have insisted on a firm amount in the contract rather than a catch-all "reasonable". If you're not even sure whether or not 1500 is unreasonable, they may have some legal leverage. Talk to an attorney.

choudoufu · Joined: 25 May 2010 Posts: 3325 Location: Mao-berry, PRC

santi84 · Joined: 14 Mar 2008 Posts: 1317 Location: under da sea

Teacher in Rome · Joined: 09 Jul 2003 Posts: 1286

choudoufu · Joined: 25 May 2010 Posts: 3325 Location: Mao-berry, PRC

bulgogiboy · Joined: 23 Feb 2005 Posts: 803

There may be ways to gain 'leverage'. For example, did you spend any time working before a work permit was granted? If the school has been deducting 'taxes' while you weren't supposed to be working, you can make an issue of this. I heard of someone who did this at a previous employer of mine, and the exorbitant sum demanded for breach of contract was suddenly 'forgiven'.

Unless they are holding your passport, why not just scarper?