Employer Informing Employee Of Cancellation Of Contract 1 Week Back.

[007]

Can an employer, e.g. employment agency notify you on the 8th of April, via an email, that your employment contract ended eight days earlier on the 31st of March due to unsatisfaction by the school to which the teacher was sent for work?? (My contract with the agency should have ended at the end of May.)

[markg]

Can an employer, e.g. employment agency notify you on the 8th of April, via an email, that your employment contract ended eight days earlier on the 31st of March due to unsatisfaction by the school to which the teacher was sent for work?? (My contract with the agency should have ended at the end of May.)

The answer is yes.

And no.

Completely depends on your contract. Can you post it on here?

Even if your contract stands up to scrutiny, and the employing agency are in breach of it, are you really going to take them to the labour court for one months pay? Probably not. And the agency is banking on you not doing so.

Look in your contract for reasons of termination. Does it say you need 3 warnings for unsatisfactory behaviour? Also depends on what the unsatisfactory behaviour is. Our school contract has clauses in it which warrant instant dismissal. (say, sexual harassment of a minor for example, or violence etc)

No one here can really say for sure til we see your contract, but my guess would be that you've got little realistic chance of getting any recompense. You're just gonna have to bite this one and sign up with another agency. Sorry.

Markg

[007]

Look in your contract for reasons of termination. Does it say you need 3 warnings for unsatisfactory behaviour? Also depends on what the unsatisfactory behaviour is. Our school contract has clauses in it which warrant instant dismissal. (say, sexual harassment of a minor for example, or violence etc)

No one here can really say for sure til we see your contract, but my guess would be that you've got little realistic chance of getting any recompense. You're just gonna have to bite this one and sign up with another agency. Sorry.

Markg

I had three months probation, which I completed to the satisfaction of school and employer back in January. I never received any written or oral warnings since working there. However, one week after I receiced my March salary, I am told via email, that the school "wasn't satisfied with my teaching", probably due to classroom control. i.e. the school where I worked didn't provide the needed Thai co-teachers.

As for the late info re. termination, should I ask the agency to pay me for that one week in April? (No attendance at the school, but paid holidays as for my contract.)

Edited April 8, 2009 by 7

[Loaded]

There's a procedure your employer must follow if they want to terminate your employment. It looks as though they haven't followed that procedure. Get down to your local labour office who should pressure the agency to pay you. As your employment was unfairly terminated, you should be due severance as well.

[Phatcharanan]

There's a procedure your employer must follow if they want to terminate your employment. It looks as though they haven't followed that procedure. Get down to your local labour office who should pressure the agency to pay you. As your employment was unfairly terminated, you should be due severance as well.

Agreed.

I would also inform the employment agency of your intentions to do just that. Maybe they will cough up the one week owing.

It sounds to me like they might be trying to get out of paying you over the holiday period. A fairly common occurence. Have you contacted the actual school to see if what your agency is saying is true?