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notice requirement clause

 
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forgesteel



Joined: 30 Aug 2005
Location: Earth

PostPosted: Thu Nov 24, 2005 8:52 pm    Post subject: notice requirement clause Reply with quote

Reads as follows:

>Employer or Employee may annul the contract by giving a minimum of one month advance notice in writing. In the case of Employer seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be dissolved. Reasonable and adequate grounds for annulment includes but not limited to, persistent blatant and gross misconduct, conducting classes under the influence of intoxicants, continual absence and/or tardiness for classes. If Employee desires arbitration, a mutually agreed upon third party must be provided to settle the matter. Employee may seek annulment in cases where the employer does not complete the terms, as they are required to complete according to the contract.

I am assuming I this clause does not apply in the situation of the actual 12 month end of the contract, i.e. is meant to cover only situations where the employee leaves before the 12 months are up. Or does this clause cover all situations, and I must give my employer 2 months notice when 10 months of my contract have passed.

What if I don't know at ten months if I am staying or leaving?

What if I tell them at ten months, and they use that as a handy excuse to fire me and deprive me of my severence and return air fare?

Thanks in advance,
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plattwaz



Joined: 08 Apr 2005
Location: <Write something dumb here>

PostPosted: Fri Nov 25, 2005 1:10 am    Post subject: Reply with quote

Generally most contracts will have a starting date and an ending date. The contract will be assumed to be completed at the ending date (in your case, I assume 1 year from the starting date). In that case, no, you do not need to give 2 months warning at 10 months time. The ending date has already been mutually agreed upon.

Some contracts do have a clause about renewing -- ie/ if you want to renew you will have no notify the school before a certain date.
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Hanson



Joined: 20 Oct 2004

PostPosted: Sat Nov 26, 2005 3:53 pm    Post subject: Reply with quote

Of course, the school will want to know if they have to replace you or not. Giving a one-to-two month notice (whether you are planning to renew or not) is not unreasonable.

The paragraph you quoted, however, doesn't address this issue, it is about an annulment - breach of contract before the completion of its duration. I would suggest reading the contract for any other clauses pertaining to renewal, or inquire about it.
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Hanson



Joined: 20 Oct 2004

PostPosted: Sat Nov 26, 2005 4:00 pm    Post subject: Reply with quote

Quote:
What if I tell them at ten months, and they use that as a handy excuse to fire me and deprive me of my severence and return air fare?


The teachers currently working at the school you intend on signing with would be the best ones to answer that. If the situation you mention has materialized in the past, they would likely know something about it and warn you. I would insist on talking to them before signing any contract. If the school refuses to let you speak with current employees, they have something to hide and are not to be trusted IMHO.
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forgesteel



Joined: 30 Aug 2005
Location: Earth

PostPosted: Sat Nov 26, 2005 5:14 pm    Post subject: breach or no breach Reply with quote

Hanson wrote:


The teachers currently working at the school you intend on signing with would be the best ones to answer that. If the situation you mention has materialized in the past, they would likely know something about it and warn you. I would insist on talking to them before signing any contract. If the school refuses to let you speak with current employees, they have something to hide and are not to be trusted IMHO.


Thanks. This is actually a question regarding my present contract which is to end in about 4 days. My director was threatening me again, using this clause as a support to the idea that he didn't necessarily have to give me my severence, due to 'breach of contract.' I figured he was talking out of his rear end, and you've confirmed my suspicion. I've breached no contact clause, thus he still owes me severence.

Thanks for the input, I really appreciate it.

Cheers,
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