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bassexpander
Joined: 13 Sep 2007 Location: Someplace you'd rather be.
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Posted: Sat Mar 22, 2008 5:53 am Post subject: Contract question about leaving |
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My contract states that I must give 2 months notice before I can leave.
Is it true that this won't be required, by law, because 30 days is all that can be required of me?
Just a curiousity, really. |
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plus99

Joined: 30 Dec 2007
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Posted: Sat Mar 22, 2008 6:13 am Post subject: |
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is the old dude practicing what he preaches and might leave this *beep*?
your question implies contracts dont mean anything that isnt stipulated by law and i think we all know that isnt true. |
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Zaria32
Joined: 04 Dec 2007
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Posted: Sat Mar 22, 2008 6:26 am Post subject: |
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The 30 days is a minimum...if the contract states longer, then it's longer. |
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Dome Vans Guest
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Posted: Sat Mar 22, 2008 6:47 am Post subject: |
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Zaria32 wrote: |
The 30 days is a minimum...if the contract states longer, then it's longer. |
Yep! You sign it, you stick to it.
The actual wording of the labour law is:
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at least thirty days |
So less is illegal, but more isn't. But if people sign the contract with no notice period then you're stuffed. There are procedures that should be outlined, if the contract doesn't have them, don't sign. So if you sign then you're stuck with it. |
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plus99

Joined: 30 Dec 2007
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Posted: Sat Mar 22, 2008 8:00 am Post subject: |
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thanks guys i did say this |
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PGF
Joined: 27 Nov 2006
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Posted: Sat Mar 22, 2008 9:26 am Post subject: |
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bass, i thought you were an F holder.... |
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bassexpander
Joined: 13 Sep 2007 Location: Someplace you'd rather be.
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Posted: Sat Mar 22, 2008 3:27 pm Post subject: |
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I am truly an F-er.
If I left, I'd still give 2 months, but this question was more of a curiosity than anything. My school would probably only want the 2 months if it was needed to finish out the semester. That's why they made it 2 months.
My uni plays this game where they ask us far in advance if we plan to stay or not, and then waits until a few weeks before the contract ends before they actually give us a contract to sign. They did this this year, and added 2 pages of dribble to the new contract, including the 2 month thing. Part of it is just laziness, I believe.
Last year they didn't get the contract to my coworker until AFTER the new semester had started (she's and E-2). She went to immigration and was fined between 100,000 and 200,000 for overstaying her visa. She complained to the school and got them to pay it.
I likely won't stay another year, but if they ask me far in advance again, I'm going to say, "I haven't been offered a contract yet, so how would I know?"
I take my hat off to my former Aussie co-worker. She didn't want to have to tell them her plans so early, and just told them "yes, I plan to stay." Then a month later, she was offered a job back in Australia teaching at a high school. She then put in her notice here, and my boss went ballistic behind her back -- saying things like, "We're looking into taking legal action against her." They hadn't even offered her a contract yet!
This year, I'm going to apply elsewhere until I see a contract. |
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