Signed a contract but have yet to file for work permit. What are the options?

[Phoenixsun28]

Hi all, my girlfriend is a teacher and has recently changed schools but she has found the new school to be a very hostile work environment and is wondering how to get out from under them. 

 

As of now, she has signed a contract for a year with them, but the school has not filed for her work permit yet as they were waiting for her to get a bunch of paperwork done, which she just completed Friday, and her work permit with her old school hasn't been cancelled yet as they agreed to wait on the new school first. 

 

So my question is, if she were to decide to leave this current school what would her options be? Could the new school stop her from trying to work elsewhere because she signed a contract with them? A few scenarios she is considering are to go back to her old school because her work permit is still with them and her old boss has indicated there is an opening for her, or she is thinking of leaving the country for a month and coming back in under a tourist or exempt and take her time applying with various schools, but the question on our minds is what power or ability does the new school have over her with the signed contract? 

 

Any help is appreciated. Thanks in advance. 

[timendres]

The contract probably has clauses that allow it to be voided. For instance, if it is not possible to obtain the work permit, then the contract would be voided. You need to find a clause that will allow her to void the contract with no penalties. If no such clause exists, maybe just explain to the school admins that she really wishes to change jobs (for good reasons, thus avoiding hostility), and ask if they are willing to let her go and under what circumstances.

[Iamfalang]

I'm 90% sure the contract means nothing without the work permit, since then working "illegally."  That means they don't have to pay her anything for the days worked.  

 

If she isn't a real teacher and needs the temporary teaching license from Krusapa, then I'd check to see if they did that already.  If they did, it would be cancelled and another extension used up.  Anyhow, I won't elaborate if not relevant.  

 

I'm pretty sure the new school has absolutely zero power except don't expect to get paid.  The 30th is on Thursday, so if she worked there I'd wait until I got paid and never go back.   Send them an email, "leaving the country."  There's nothing they can do.

[problemfarang]

Hi,

its better to check the contract she signed. is there anything saying like have 2-3 months testing period. In school contracts its a very common term-item in the contract. 80% its there. If it's there just tell the school you dont want to work here using that item in the contract. They cannot say anything. That item works 2 way, for you and for them.

 

If you don't have that in your contract. You can inform them that you will not accept the contract and give them 2 months or 2 week time to replace you. 

 

You still don't have work permit yes. But the thing is both sides signed a contract and in the processing paper work status. And i believe it's you slowing down the paper work in this situation not them. so actually you are working for them and technically yes, if they want they will not let you go that easy. 

 

On the other hand, if i remember correct and if its still like that, even though you signed the contract you still cannot work or go to work there till you get your work permit. But again as i mentioned you are in paper work process so keep in your mind you are still working for them officially and legally.

 

suggestions: 

1) just go to the school director and talk to him and tell him you don't want to be a teacher anymore. (i think this is the best one) in most cases director says ok. 

2) tell them you lost someone back in home and need to go back to your country.

3) tell them for some reason you cannot get your work permit or kurusapa license. 

4) tell them you won the lottery and dont want to be a teacher anymore.

5) it is not good time to find a new school, i think all schools are started already and have their teachers. So, if its possible just go back to your old work. Although im not sure if its professional or not because you left there and going back. it seems little bit... you know.

6) when you find a new school try to observe better i dont know you are new here or not but many schools' will act you like your at the bottom of this thing, like a dog. seriously. so dont expect too much from other schools. sometimes no headache is better than getting a high salary.. 

 

good luck. 

 

[arithai12]

Difficult to say without seeing the contract.

 

[scorecard]

52 minutes ago, problemfarang said:

Hi,

its better to check the contract she signed. is there anything saying like have 2-3 months testing period. In school contracts its a very common term-item in the contract. 80% its there. If it's there just tell the school you dont want to work here using that item in the contract. They cannot say anything. That item works 2 way, for you and for them.

 

If you don't have that in your contract. You can inform them that you will not accept the contract and give them 2 months or 2 week time to replace you. 

 

You still don't have work permit yes. But the thing is both sides signed a contract and in the processing paper work status. And i believe it's you slowing down the paper work in this situation not them. so actually you are working for them and technically yes, if they want they will not let you go that easy. 

 

On the other hand, if i remember correct and if its still like that, even though you signed the contract you still cannot work or go to work there till you get your work permit. But again as i mentioned you are in paper work process so keep in your mind you are still working for them officially and legally.

 

suggestions: 

1) just go to the school director and talk to him and tell him you don't want to be a teacher anymore. (i think this is the best one) in most cases director says ok. 

2) tell them you lost someone back in home and need to go back to your country.

3) tell them for some reason you cannot get your work permit or kurusapa license. 

4) tell them you won the lottery and dont want to be a teacher anymore.

5) it is not good time to find a new school, i think all schools are started already and have their teachers. So, if its possible just go back to your old work. Although im not sure if its professional or not because you left there and going back. it seems little bit... you know.

6) when you find a new school try to observe better i dont know you are new here or not but many schools' will act you like your at the bottom of this thing, like a dog. seriously. so dont expect too much from other schools. sometimes no headache is better than getting a high salary.. 

 

good luck. 

 

There must be an 'out' clause in the contract of employment.

 

It would be highly illegal to demand someone to perform any work.

 

This would be seen by the court similar to slave labour therefore illegal. this subject is based on one of the tenants of human rights - the right to come and go as one pleases. 

[problemfarang]

2 hours ago, scorecard said:

There must be an 'out' clause in the contract of employment.

 

It would be highly illegal to demand someone to perform any work.

 

This would be seen by the court similar to slave labour therefore illegal. this subject is based on one of the tenants of human rights - the right to come and go as one pleases. 

yes, need to read the contract carefully. If there is nothing mentions the only thing to do is tell them you cannot or dont want to work here and ask immediate termination or 2 month period termination. this issue can be solved by 2 sides understanding. Most likely nothing will happen when you tell them you cannot or dont want to work here anymore. If they start to make problems the best way is give them a notification of 2 months and just do your work in this 2 months get your money and go.