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One Day Shy of a Contract Year!

 
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UncleAlex



Joined: 04 Apr 2003

PostPosted: Wed Apr 27, 2005 2:36 am    Post subject: One Day Shy of a Contract Year! Reply with quote

Recently I completed a one year assignment at a middle school in X City.
The contract expired on March 1, 2005. I signed a new contract at a high
school in Y City, with the original starting date on the first of that month.
A week or two after I started teaching at the high school my employer told
me that we would have to change the starting date to the second of March,
because the starting date of a contract "cannot" coincide with the finishing
date of a preceding one. Now I've been advised by my previous employer
to look into the matter with the proper government authority, for there is a
chance that I can legally be denied my severance pay at the end of the term -
not having completed a full year of 365 days. I would appreciate some advice
or information from anyone who has knowledge or experience in this matter.
Thanks. Cool
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schwa



Joined: 18 Jan 2003
Location: Yap

PostPosted: Wed Apr 27, 2005 2:46 am    Post subject: Reply with quote

If the new school is willing to change the start date to march 2, sounds like problem solved.

Are you sure the first school is bent on nailing you over a one-day technicality? I doubt it. It was even a national holiday too!

In your boots I'd get my new boss to talk it over with the former boss. I bet things will work out fine.
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UncleAlex



Joined: 04 Apr 2003

PostPosted: Wed Apr 27, 2005 3:11 am    Post subject: One Day Tech Reply with quote

The previous contract read March 2, 2004 to March 1, 2005.
Everything is clean at the former school. The problem at the
new school is that my employer refuses to extend the finishing
date from February 28 to March 1, 2006 after having moved the
starting date up a notch. My recruiter is in the process of discussing
the matter with my supervisor. Thanks for your reply. Cool
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Grotto



Joined: 21 Mar 2004

PostPosted: Wed Apr 27, 2005 3:14 am    Post subject: Reply with quote

When did you start your contract?

the term of a contract is one year. If you started March 1'st then the last day would be the last day of February not the following March 1'st.

Last time I checked a year is 365 days...not 366!
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prairieboy



Joined: 14 Sep 2003
Location: The batcave.

PostPosted: Wed Apr 27, 2005 3:18 am    Post subject: Reply with quote

At the end of the contract, you could also go to the labour board if they don't pay the severance because of the one day.

My opinion, they are full of crap if they think they can dodge severance in this case.

You actually started on the 1st of March right? And you are set to finish on Feb 28th, 2006, right? You have your original contract. Remind them nicely then that you did start on March 1st, 2005 and that you will have completed a full 365 day year. Therefore you'd be entitled to full severance.

If they are wishy, washy on granting you that point and ultimately don't pay you then you've got the labour board route, which would back you up in this case, I'm sure.

It sounds like he's mainly refering to the paper work needed for immigration. If you have coinciding finishing and starting days they might think you were working at both places on that day, which would be illegal.

Cheers and good luck.
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