Termination of contract?
Termination of contract?
I would like Walter to weigh in if possible. If you have been a long-term employee at a school, without a bad evaluation or a warning and only good reviews from students and parents, and the school has an employee probation plan in its handbook (that has never been applied) - is there any protection for an employee if the director decides she/he doesn't like you? Just curious how it might work in other tier-one type schools
Depends where you are and exactly what's happening.
If you're in a small number of countries that have excellent labor law protections, you should seek counsel through that system.
If you're not, then life gets very different quickly, but it depends on the specifics.
If the school is trying to fire you effective immediately or with little notice, you might be able to get some protection from the board or the government. That's assuming you haven't done anything that would merit termination for cause.
If the school is saying that they won't renew your contract after its current duration finishes, you probably have little recourse, assuming they have given reasonable notice. In the absence of strong labor laws or a union, renewal of contracts is often at the will of both parties - you could choose not to renew, and so can they.
In the worst case scenarios, anything goes and you will find no protection. In the better ones, there is limited protection depending on many factors.
Give us more details and we can give better advice.
If you're in a small number of countries that have excellent labor law protections, you should seek counsel through that system.
If you're not, then life gets very different quickly, but it depends on the specifics.
If the school is trying to fire you effective immediately or with little notice, you might be able to get some protection from the board or the government. That's assuming you haven't done anything that would merit termination for cause.
If the school is saying that they won't renew your contract after its current duration finishes, you probably have little recourse, assuming they have given reasonable notice. In the absence of strong labor laws or a union, renewal of contracts is often at the will of both parties - you could choose not to renew, and so can they.
In the worst case scenarios, anything goes and you will find no protection. In the better ones, there is limited protection depending on many factors.
Give us more details and we can give better advice.
Sid has it right
This all depends on where you are. In Western Europe, you are covered by a welter of labor law, and any school would be foolish in the extreme to get on the wrong end of an argument in front of a labor court. In other parts of the world, much would depend on what your contract states, whether you are being dismissed for cause versus not being renewed, whether you have a right of appeal to a third . (the Board, most likely), the practical impediments you may face in trying to fight this - if your visa is cancelled, if you have no accommodation, if your case expires if you don't show, if you have to hire a lawyer (and a translator)...
If you want me to give you serious advice, you have to tell me more.
If you want me to give you serious advice, you have to tell me more.
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higgsboson
- Posts: 150
- Joined: Mon Jun 14, 2010 1:13 am
I was in a similar situation in China once, years ago, the head of school terminated my contract without warning and did not want to pay me the 2 month severance that I was entitled to. I said no problem, I'll just call the parents and ask them for the money.
He about went through the roof! Admin were running around like rats on a sinking ship - they didn't know what to do. Ultimately they paid because at the end of the day, no school wants to be put at the center of that kind of controversy, and they know that if you appeal to the parents sense of fairness, many probably will give you some money. After all, the school is just a middleman; its the teachers that provide the service.
So let them know: pay me every penny I'm owed PLUS fair severance or I'll ask the parents for the money.
He about went through the roof! Admin were running around like rats on a sinking ship - they didn't know what to do. Ultimately they paid because at the end of the day, no school wants to be put at the center of that kind of controversy, and they know that if you appeal to the parents sense of fairness, many probably will give you some money. After all, the school is just a middleman; its the teachers that provide the service.
So let them know: pay me every penny I'm owed PLUS fair severance or I'll ask the parents for the money.
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shadowjack
- Posts: 2140
- Joined: Sat Oct 06, 2012 9:49 am
Usually a contract has language similar to "renewable by mutual consent".
Just as a teacher can choose to look elsewhere, for whatever reason, a school can do the same. Just as you as a teacher can say, "I'm not returning," the school can also say, "You're not returning."
Unlike back home where your teaching contract is a permanent or temporary one, almost all international schools do a 2 year then reverting to 1 year renewable. This, of course, also depends on your location (Europe vs China or Kuwait, for instance).
Just as a teacher can choose to look elsewhere, for whatever reason, a school can do the same. Just as you as a teacher can say, "I'm not returning," the school can also say, "You're not returning."
Unlike back home where your teaching contract is a permanent or temporary one, almost all international schools do a 2 year then reverting to 1 year renewable. This, of course, also depends on your location (Europe vs China or Kuwait, for instance).
It is like what Shadowjack stated. Although there is a teacher handbook that outlines a process if you are struggling as a teacher, it states that you should receive support with your problem, outline a plan and have a decision at the end of a time period, just wondering if a school can say we are not renewing just because we don't want to. Which I think they can - just as a teacher doesn't choose to renew. I hadn't heard of it happening like this - I am talking the typical end-of-contract non-renewal, decision happening at renewal time. I have been somewhat involved with teacher non-renewal (on a plan) and it always seemed like the decision had been made long before the plan was laid out. No protection from the country I think, though if you are let-go there is supposed to be a 3 month severance by law- not sure that kicks in with "foreign" contract though.
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shadowjack
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higgsboson
- Posts: 150
- Joined: Mon Jun 14, 2010 1:13 am
[quote]3 month severance, I would imagine your school arguing, is your June, July and August pays in a lump sum, plus any gratuity owing...[/quote]
No shadowjack, 3months severance COULD include 1 month notice and 2 months salary on top of every penny they owe, including prorated summer salary. If they pay every dime that's owed, the teacher should get the balance from the parents.
No shadowjack, 3months severance COULD include 1 month notice and 2 months salary on top of every penny they owe, including prorated summer salary. If they pay every dime that's owed, the teacher should get the balance from the parents.
Yes, this is severance by law of the country we are in, not the country the school says it is accountable to (non-US). Again, this non-renewal is not based on the ability to do one's job and whether they are good at it (which they are), just that they have said the teacher is not a "fit" anymore based on personality conflict with the director, who does not like to be questioned. I was just wondering if this happens in schools as I said the only teachers I heard getting non-renewed had major parent and student complaints and had been placed on a plan.
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overseasvet2
- Posts: 191
- Joined: Wed Jun 08, 2011 10:50 pm
Yes, it happens for a variety of reasons. Just as other posters have written, both parties have the option to not renew. One would hope a school would give a teacher plenty of notice so they can recruit during the peak time period. It also seems reasonable the school would give the person a concrete reason but I find administrators adverse to getting into difficult conversations. I think it is typical of educators...teachers also avoid unpleasant conversations with colleagues and parents. I do not know who you work with but you may want to have a candid conversation asking for the feedback.
Reply
A lot will depend on the country you are in.
The real question you need to ask yourself is "what do you want?". If you want to stay and your admin doesnt want you (can think of a couple reasons that would be important to you) then you 1) need "dirt" on your admin, 2) A lot of money or 3) a new admin.
Regardless of the language in your contract or the countries labor laws, you can always be fired/terminated for cause, and if your school wants rid of you, its just a matter of time and resources before they can justify cause before any arbiter (whether its a labor/union board, court, or your schools board). They will eventually make it so difficult for you that for either trivial or fabricated reasons and causes will eventually make you look bad enough that they can fire you. if you push this all the way to a hearing the school and its counsel isnt going to go before the magistrate or arbiter and say "we want to terminate their employment because we just dont like them". they are going to accuse you of incompetence, negligence, or something else, and they will just keep piling the accusations on until you cave. Saving your job one day doesnt give you any kind of immunity. They will just attempt to terminate you again for something else, and its not going to end.
A few clarifications, in the vast majority of countries if your involved in a judicial labor dispute, your visa will not be revoked and kicked out of the country. However you will most likely need to have the funds to actually present a case and this is likely going to require a lawyer, or at the very least a labor advocate.
Depending on the country you may be entitled to a social welfare program that may be able to hold you over for a while, at least while your negotiating a settlement.
Even if your not eligible to maintain your work visa, you will likely be able to convert your work visa to a tourist visa, and be able to stay in the country, possibly looking for a new job for at least some period of time. Schools like to get you on a plane as quickly as possible.
Schools for good reason like to keep their dispute resolution process vague, and typically dont do more then what the minimum required by law is. When schools have outside arbitration clauses (to the board or a consulting/legal firm) its usually an agency that they have a great deal of influence over. In the VAST number of cases your only going to buy some time.
If your willing to leave, you should negotiate for the most money you can get. Thats really the only thing the school can give you and that matters. Visas are usually governed by law and schools cant really make exceptions. Dont give the school your passport or visa, even if its required they will present it to immigration to have it cancelled, and they wont ask for a tourist or business visa extension for you. They want you gone as quickly as possible. Most schools will give you a plane ticket, if you can try to get the cash equivilent, especially if your trying to stay.
I dont recommend giving anything up for a reference. It will be a useless piece of paper, as any recruiter is going to contact the school admin anyway and they will give the new recruiter the "real" summary/evaluation.
If you stay and fight it out you need to read your contract very carefully and contact what ever public resources are available to you, then possibly contact a legal counsel. You need to do this fast. The one thing the school doesnt want most is "filling" your complaint or lawsuit, because then it becomes public, and thats when schools start to suffer. Until then the school will want to keep it quit as cheaply as possible, as soon as you file though the school is going to "vigorously defend itself" and thats when the no comments on pending matters is going to go up. At that point the school is going to go on the defensive. Understand that if that happens, it is going to make your career VERY difficult in the future.
The real question you need to ask yourself is "what do you want?". If you want to stay and your admin doesnt want you (can think of a couple reasons that would be important to you) then you 1) need "dirt" on your admin, 2) A lot of money or 3) a new admin.
Regardless of the language in your contract or the countries labor laws, you can always be fired/terminated for cause, and if your school wants rid of you, its just a matter of time and resources before they can justify cause before any arbiter (whether its a labor/union board, court, or your schools board). They will eventually make it so difficult for you that for either trivial or fabricated reasons and causes will eventually make you look bad enough that they can fire you. if you push this all the way to a hearing the school and its counsel isnt going to go before the magistrate or arbiter and say "we want to terminate their employment because we just dont like them". they are going to accuse you of incompetence, negligence, or something else, and they will just keep piling the accusations on until you cave. Saving your job one day doesnt give you any kind of immunity. They will just attempt to terminate you again for something else, and its not going to end.
A few clarifications, in the vast majority of countries if your involved in a judicial labor dispute, your visa will not be revoked and kicked out of the country. However you will most likely need to have the funds to actually present a case and this is likely going to require a lawyer, or at the very least a labor advocate.
Depending on the country you may be entitled to a social welfare program that may be able to hold you over for a while, at least while your negotiating a settlement.
Even if your not eligible to maintain your work visa, you will likely be able to convert your work visa to a tourist visa, and be able to stay in the country, possibly looking for a new job for at least some period of time. Schools like to get you on a plane as quickly as possible.
Schools for good reason like to keep their dispute resolution process vague, and typically dont do more then what the minimum required by law is. When schools have outside arbitration clauses (to the board or a consulting/legal firm) its usually an agency that they have a great deal of influence over. In the VAST number of cases your only going to buy some time.
If your willing to leave, you should negotiate for the most money you can get. Thats really the only thing the school can give you and that matters. Visas are usually governed by law and schools cant really make exceptions. Dont give the school your passport or visa, even if its required they will present it to immigration to have it cancelled, and they wont ask for a tourist or business visa extension for you. They want you gone as quickly as possible. Most schools will give you a plane ticket, if you can try to get the cash equivilent, especially if your trying to stay.
I dont recommend giving anything up for a reference. It will be a useless piece of paper, as any recruiter is going to contact the school admin anyway and they will give the new recruiter the "real" summary/evaluation.
If you stay and fight it out you need to read your contract very carefully and contact what ever public resources are available to you, then possibly contact a legal counsel. You need to do this fast. The one thing the school doesnt want most is "filling" your complaint or lawsuit, because then it becomes public, and thats when schools start to suffer. Until then the school will want to keep it quit as cheaply as possible, as soon as you file though the school is going to "vigorously defend itself" and thats when the no comments on pending matters is going to go up. At that point the school is going to go on the defensive. Understand that if that happens, it is going to make your career VERY difficult in the future.
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shadowjack
- Posts: 2140
- Joined: Sat Oct 06, 2012 9:49 am
Also I would like to add that in many cases where the contract is a 1 year renewable by mutual consent, as long as your school lets you know prior to 3 months left in the school year, you won't get severance pay. You have been given notice according to the law, and many countries accept that time period as being adequate notice.
At a school I was at, several staff were let go in a similar fashion, being told the school thought they were "not happy" and would not be renewing the contract, even though the teachers in question were happy and wanted to return. Go figure!
At a school I was at, several staff were let go in a similar fashion, being told the school thought they were "not happy" and would not be renewing the contract, even though the teachers in question were happy and wanted to return. Go figure!
Thanks everyone - you pretty much answered my question. Unfortunately freedom of speech has been lost at our school with the new director. He likes us to know the power he has and to exert it. Although I really like my school and the students, it is true that at the end of the day, you want to feel appreciated. Thank you for all your contributions.