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asking to change clauses in contracts....

 
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MollyBloom



Joined: 21 Jul 2006
Location: James Joyce's pants

PostPosted: Tue Oct 10, 2006 3:12 pm    Post subject: asking to change clauses in contracts.... Reply with quote

Is this usually a problem?

I understand that if a company is sour and doesn't want to hire me, then they won't comply to my changes, and i can tell them to piss off. But is it ridiculous of me to ask to change 26 things? They are specific things that I have been told to change when I posted my contract on the contract sticky.

I just maybe think that after the first ten they might just laugh and say they don't want to hire me.

If a school wants me bad enough will they change all those things to how I want it?
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Alias77



Joined: 28 Aug 2006

PostPosted: Tue Oct 10, 2006 3:37 pm    Post subject: Reply with quote

Think about it. If there are really that many issues wrong with the contract, do you think the business will effectively re-write the contract? If you were in their position, would you change 26 parts of a contract you had drawn up? Not likely, especially if it is a chain. Find a more level playing field if you wish to negotiate. They're looking to hire someone that hasn't done their homework. Be careful, or tactful rather, when asserting your knowledge as well. For every one of us that does research, there's at least one clueless, waiting in the wings. You will likely have to make concessions in the end.
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Pak Yu Man



Joined: 02 Jun 2005
Location: The Ida galaxy

PostPosted: Tue Oct 10, 2006 3:49 pm    Post subject: Reply with quote

Think about it! Do you want to work at a place where you need to change 16 things in the contract. Go someplace where they will negotiate.
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ChuckECheese



Joined: 20 Jul 2006

PostPosted: Tue Oct 10, 2006 3:56 pm    Post subject: Reply with quote

When I was first offered a job at my current school, I practically ended up rewriting the entire crappy contract. I then sent it back to the school and and explained to them why and they ended up accepting it. If they're reasonable people and desparate enough they will accept the changes. But if they are unreasonable and sneaky people looking to F you over, they will insist that you accept the crappy contract.

Ask your school to change them and if they don't budge, look else where.

Good luck!
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Zark



Joined: 12 May 2003
Location: Phuket, Thailand: Look into my eyes . . .

PostPosted: Tue Oct 10, 2006 4:19 pm    Post subject: Reply with quote

It works from both directions as we have seen in previous posts. Most employers would be chary of hiring someone who is so detail focused and perhaps, very rigid in their thinking. Most job candidates would be wary of a contract that is so counter to their own interests.

Both sides are right. But, in Asia, contracts are often not really worth much. They are helpful at times and it is best to be careful. But - you can affect much more - and know much more about your potential employer by talking to the teachers who work there now - and who have worked there in the past.

Quite often, in Asia specifically, if you make yourself valuable to your employer, you will find yourself with extra perks that were never specified in your contract. For example: I have, on numerous occasions, taken longer vacations than I was entitled to - and been paid in full for almost all of them. I've also received significant bonuses - as did another teacher at the same school - that were never specified in the contracts.


Other issues:

Some contracts are just boilerplate - they need one to send to immigration. Employers hesitate to change them.

If the school has numerous teachers on the contract you are rejecting, they may well be concerned that their existing staff may grow unhappy with your special treatment.

Do negotiate - and in Korea in particular - do be careful. But don't put too much trust in a contract.


Last edited by Zark on Tue Oct 10, 2006 4:44 pm; edited 1 time in total
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CBP



Joined: 15 May 2006
Location: Korea

PostPosted: Tue Oct 10, 2006 4:24 pm    Post subject: Reply with quote

Twenty-six points of contention is an awful lot.

There were several concerns with my contract, and I wasn't sure how to address all of them without feeling like I might have overwhelmed the school's director. In fact, when I hadn't heard from him within the time he had specified, I decided that the school had moved on to someone else. But then there he was, with the contract revised almost entirely to my specification and with good explanations for why certain clauses were fine as-is. Now I'm waiting for my visa.

Admittedly it was a bit of a nerve-wracking process.
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Zark



Joined: 12 May 2003
Location: Phuket, Thailand: Look into my eyes . . .

PostPosted: Tue Oct 10, 2006 4:47 pm    Post subject: Reply with quote

CBP wrote:
Twenty-six points of contention is an awful lot.


To me THAT is the biggest issue.

One skill worth learning overseas is how to stay focused on important points and don't waste your energy or power on little things. Two or three points okay - much more than that and I think people quit listening and move on to someone else.
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Son Deureo!



Joined: 30 Apr 2003

PostPosted: Wed Oct 11, 2006 1:23 am    Post subject: Reply with quote

The employer may not really care, or even know, what's in the contract they're offering you. If you really want to work there, but don't like the ocntract, try sending them a draft contract of your own that is fair and reasonable to both sides, and that you'd be willing to sign. I think you're more likely to get a positive response from that than by nitpicking your way through 26 contract points one by one.
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MollyBloom



Joined: 21 Jul 2006
Location: James Joyce's pants

PostPosted: Thu Oct 12, 2006 7:40 pm    Post subject: Reply with quote

Yeah...we sent the contract off as we wanted it just to see if they would go for it, and they didn't. My boyfriend got an angry email back about an hour later from them. I can understand why they were upset because, well, I am sure we insulted them by asking them for so many things. But is it really too much to ask for getting paid all the hours we work (plus other things that are important)? I am glad we did it, though, because I know to hold back and compromise for certain things.

It was kind of an iffy job anyway.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Oct 12, 2006 7:55 pm    Post subject: Reply with quote

MollyBloom wrote:
Yeah...we sent the contract off as we wanted it just to see if they would go for it, and they didn't. My boyfriend got an angry email back about an hour later from them. I can understand why they were upset because, well, I am sure we insulted them by asking them for so many things. But is it really too much to ask for getting paid all the hours we work (plus other things that are important)? I am glad we did it, though, because I know to hold back and compromise for certain things.

It was kind of an iffy job anyway.

The following is quoted from the embassy website. It is quite accurate about he nature of contracts here in Korea.
============================================
Nature of Contracts in Korea

Koreans see business less as a legally based interaction than a relationship. Consequently, there is a much weaker sense of law in Korean business relations than in international business. For many Koreans, a contract is part of the symbolism involved in beginning a relationship, and "beginning" is the important word. The contract thus is only as binding as the personal connection. It is not surprising, therefore, that foreign instructors in Korea occasionally have contract disputes with their employers. The employer may, indeed, consider the contract a simple working agreement, subject to change, depending upon the circumstances ���� and usually after the foreigner has arrived in Korea. Most Koreans do not view deviations from a contract as a "breach," and few Koreans would consider taking an employer to court over a contract dispute.

Instead, Koreans tend to view contracts as infinitely flexible and subject to further negotiation. Furthermore, the written contract is not the real contract; rather, the unwritten, oral agreement with an employer is the real contract. You should bear these factors in mind when you sign a contract.

Negotiating a Teaching Contract

A basic contract for a teaching position should include provisions for the following: salary; housing; working hours; severance pay; income tax; medical insurance; and ticket home. If these items are not covered, you should negotiate until they are specifically included in the contract.
============================================
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