What are the legal remidies on contracts?
What are the legal remidies on contracts?
I've been reading about schools not keeping all of of their promises. If they are in a contract, how are these issues settled?
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wrldtrvlr123
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Re: What are the legal remidies on contracts?
[quote="gmc747"]I've been reading about schools not keeping all of of their promises. If they are in a contract, how are these issues settled?[/quote]
This is a very concerning issue among int'l school teachers. Frankly, we generally do not have much recourse when schools renege on their promises. Many of the schools that are prone to do this are in countries that only consider contracts legal and binding if they are in the native language. So, what you see before you uproot yourself and family is not binding on the school. In most of those countries it is difficult or even impossible to legally challenge the school on this. Many teachers have been told to sign the different (and always worse) contract or leave, the school and the country.
On this issue, there really is no substitute for thorough research. If there is any hint that a school does not honor their contracts or even the letter of intent that you have agreed upon, then I would take a pass.
This is a very concerning issue among int'l school teachers. Frankly, we generally do not have much recourse when schools renege on their promises. Many of the schools that are prone to do this are in countries that only consider contracts legal and binding if they are in the native language. So, what you see before you uproot yourself and family is not binding on the school. In most of those countries it is difficult or even impossible to legally challenge the school on this. Many teachers have been told to sign the different (and always worse) contract or leave, the school and the country.
On this issue, there really is no substitute for thorough research. If there is any hint that a school does not honor their contracts or even the letter of intent that you have agreed upon, then I would take a pass.
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wrldtrvlr123
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- Joined: Sat Feb 06, 2010 10:59 am
- Location: Japan
[quote="gmc747"]Do any of the search firms, UNI, etc. try to weed out the more egregious offenders in this aspect?[/quote]
Well, depends who you ask. They will say yes, they do ban schools that repeatedly act in an dishonest/unethical manner. And they do probably ban a few schools. BUT, if you cross-checked some of the worst reviews on ISR with the lists of schools attending Seach/ISS fairs, you would still see far too many crossovers.
Well, depends who you ask. They will say yes, they do ban schools that repeatedly act in an dishonest/unethical manner. And they do probably ban a few schools. BUT, if you cross-checked some of the worst reviews on ISR with the lists of schools attending Seach/ISS fairs, you would still see far too many crossovers.
not much happens
That is the truth. I had a contract that was violated at every turn. I signed at a major fair and went back to the person organizing the fair who made a couple calls. Nothing happened other than putting pressure on the director which didn't work anyway. So, if they don't honor the contract or timeline once then I would go. The school should have been ditched from further fairs based on what they did as they have a reputation for recruiting at any cost, but they're still there.
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wrldtrvlr123
- Posts: 1173
- Joined: Sat Feb 06, 2010 10:59 am
- Location: Japan
Re: not much happens
[quote="Neptune"]That is the truth. I had a contract that was violated at every turn. I signed at a major fair and went back to the person organizing the fair who made a couple calls. Nothing happened other than putting pressure on the director which didn't work anyway. So, if they don't honor the contract or timeline once then I would go. The school should have been ditched from further fairs based on what they did as they have a reputation for recruiting at any cost, but they're still there.[/quote]
Yeah. In reality, I sometimes think they only ban/dump schools if they have a problem paying their fees to the agency. Then they can say they dumped for unethical treatment of teachers. Cynical? Just a bit.
Yeah. In reality, I sometimes think they only ban/dump schools if they have a problem paying their fees to the agency. Then they can say they dumped for unethical treatment of teachers. Cynical? Just a bit.
Agencies do ban schools, but it's only if misconduct is proven. Sometimes, a claim is based more on the teacher's and the school's different interpretations of the facts, rather than on demonstrated breaking of rules.
I'm sure I'll be pilloried for this, but I do see both sides.
Sometimes there are schools who behave in very bad ways, breaking rules and contracts. This is unacceptable. I count myself lucky that I've only worked in a school like that one time, and the contract breaking was limited to systematic and illegal lowballing of the end of service benefit. It was annoying, it was predictable, and we didn't see a way to fix it, so we all just lived with it. Later, some teachers found a way to fix it, and after a two year legal battle, they prevailed.
Sometimes, there are schools and teachers who don't see eye to eye, and generally it is the teacher who ends up moving on, often with a very bad taste in their mouth, but in point of fact the school has not broken any rules, they've just not been, and refused to become, the place the teacher wanted them to be. These cases sometimes result in the aggrieved teacher making loud complaints (on ISR sometimes) that make the school look really bad. I get annoyed by this. I've seen a good handful of teachers who really didn't seem to understand that just because things didn't get done their way, didn't mean the school had broken contract or anything else.
Sometimes there are teachers who behave very badly for their own reasons. I've got a very bad memory of 2 teachers in my career who exploited and manipulated schools into hiring them, and then managed to twist things so severely that the 2 schools in the end paid them a settlement to go away quietly. Having been on the inside of both these cases, I am certain that the schools were in the right.
I'm sure I'll be pilloried for this, but I do see both sides.
Sometimes there are schools who behave in very bad ways, breaking rules and contracts. This is unacceptable. I count myself lucky that I've only worked in a school like that one time, and the contract breaking was limited to systematic and illegal lowballing of the end of service benefit. It was annoying, it was predictable, and we didn't see a way to fix it, so we all just lived with it. Later, some teachers found a way to fix it, and after a two year legal battle, they prevailed.
Sometimes, there are schools and teachers who don't see eye to eye, and generally it is the teacher who ends up moving on, often with a very bad taste in their mouth, but in point of fact the school has not broken any rules, they've just not been, and refused to become, the place the teacher wanted them to be. These cases sometimes result in the aggrieved teacher making loud complaints (on ISR sometimes) that make the school look really bad. I get annoyed by this. I've seen a good handful of teachers who really didn't seem to understand that just because things didn't get done their way, didn't mean the school had broken contract or anything else.
Sometimes there are teachers who behave very badly for their own reasons. I've got a very bad memory of 2 teachers in my career who exploited and manipulated schools into hiring them, and then managed to twist things so severely that the 2 schools in the end paid them a settlement to go away quietly. Having been on the inside of both these cases, I am certain that the schools were in the right.