Contracts, References, And Confidentiality

[brianbrain]

My one-year teaching contract is due for its annual review / renewal in May 2005. Providing they offer and I accept the new contract everything should be hassle free. They will continue to pay my salary during the school holiday and I will receive a bonus for completing the contract. They will also pay my Thai income tax and renew my visa and work permit. The subject of tax and visas is not included in my contract but I assume they will be good to their word as per the previous year.

If I can find a better job I would like to move to a new school in May 2005. According to the details of my current contract, the contract will end on completion of the term of employment. In theory at least, all I have to do is to work up to the last day and then say “goodbye”. The agreement can also be cancelled by the employer / employee giving at least three months’ notice, or with no notice in the case of a rogue employee.

The only way I can be assured of receiving my benefits is to give no notice and leave on the final pay day. This is not something I want to do as it would generate a large deal of ill will and with just a few days before the start of the new term it would be bad for my students. Moreover, it might prove difficult to find a decent and better job without providing references or at least naming my current employer; at least, that’s the way it should be! It seems to me that most teachers know teachers working at other schools and personally I don’t much trust Thai teachers to keep any job application confidential. If found out, my director could be tempted to end my contract as from my last day of teaching and make some very decent savings (holiday pay, tax, bonus, etc.) of around 100,000 baht. In fact I see no reason for the director to do otherwise and there would be a lot of pressure from the Thai teachers to follow this through. Relations between Thai teachers and English Programme teachers are not good. Even if he didn’t have time to rescind my contract (three months) he could refuse to pay my tax and bonus and there would be no reason to apply for a new visa and work permit.

Any ideas or comment?

[Ijustwannateach]

Well, contractually you ARE being the bad guy, so ill-will is your lot. Not that I blame you for it- I also happen to believe that the vacation SHOULD be paid whether or not re-signing, because it's part of a ONE-YEAR CONTACT, PEOPLE!!! I think the legality of asking you to sign a contract that is "conditionally" only 9-10 months (depending on your re-sign) is fairly dodgy- not that I think you stand any chance of coming out ahead of a legal dispute on the issue. No, sadly, the system does it to itself- forcing you to consider leaving everyone in the lurch rather than giving you your due transparently and allowing you to plan freely.

It's not a wonderful thing- but I'd suggest you go ahead and apply for the job and hope to get it. You can always say later if you don't take it or someone squeals on you that you were just looking around, and how's about a raise? If they really want you to stay, this is an acceptable kind of pressure to improve conditions, though it also risks your being replaced.

Basically, assuming you're sure they want you back, there's nothing risk-free you can do except stay there. Everything else will have its dangers. Nothing ventured, nothing gained- I say go for it. But do your replacements at the present school a favor- when you cut and run, finally, make it clear WHY you did so to the powers that be there. It won't help initially, but if lots of people repeat the same problems they MAY be addressed over time.

Good luck.

"Steven"

[bluebear]

When do you start negotiating?

I dont know about just walking away but but you could just tell them that you are not renewing with about a months notice. Gives them time maybe to think about increasing their offer - if they want to keep you!

That way you are giving them plenty of time, if they try to stiff you its them that are the bad guys not you, same if they dont want to give a reference. If they do any teaching observations, have you kept your copies? They could be used instead of a reference.

[brianbrain]

Well, contractually you ARE being the bad guy, so ill-will is your lot.  Not that I blame you for it- I also happen to believe that the vacation SHOULD be paid whether or not re-signing, because it's part of a ONE-YEAR CONTACT, PEOPLE!!!  I think the legality of asking you to sign a contract that is "conditionally" only 9-10 months (depending on your re-sign) is fairly dodgy- not that I think you stand any chance of coming out ahead of a legal dispute on the issue.  No, sadly, the system does it to itself- forcing you to consider leaving everyone in the lurch rather than giving you your due transparently and allowing you to plan freely.

<{POST_SNAPBACK}>

There is no doubt in my mind that "doing a bunk" at the end of the twelve months would be a dirty deed; it's something that I am loathed to do but given the circumstances as they are, it's one option that I have to at least consider. I have to say that I never considered a twelve month contract to be anything other than exactly that – am I alone on this? But it’s only now that it has (or may possibly become) an issue for me. How much easier life would be if they compressed the 12 months of salary plus bonuses into nine or ten teaching months! Wishful thinking, I know.

Other than calling me the "bad guy" thank you for your comments and suggestions.

[brianbrain]

When do you start negotiating?

Well I could start asking for a pay rise now but I know what the answer would be. I could wait until I receive a firm job offer and thus be in a much better bargaining position but I can't see how I'd obtain a good offer from a reputable school without providing school references (and the inherent problems that could cause).

I dont know about just walking away but but you could just tell them that you are not renewing with about a months notice.  Gives them time maybe to think about increasing their offer - if they want to keep you!

Or maybe they'd just cut their losses and tell me to sod off. Remember, this would be during paid vacation time and it would be so easy to get the director on a bad day. Every day is a bad day from what I heard.

That way you are giving them plenty of time, if they try to stiff you its them that are the bad guys not you, same if they dont want to give a reference. 

Okay, so they'd be the bad guys but my only recourse would be the courts. Not an ideal situation in any country.

If they do any teaching observations, have you kept your copies?  They could be used instead of a reference.

Teaching observations with written appraisals C'mon, you are pulling my leg? Next you'll be telling me you have staff meetings and feedback sessions.

[Ijustwannateach]

Heh heh... only joking about the "bad guy." If they're going to hold 2 months of your pay hostage to an obligation they have no right to demand, they deserve what they get.

"Steven"