Hi All
I have decided to move on if I get the job I want. I have been here since August 2017 (currently in a European country), and am in talks with another school in Europe. My contract says I can give 6 months notice and leave no problem - do you think this is ok? The labor laws here are very good for employees so I think it is ok as long as I give the 6 months notice.
What are people's thoughts on this? Please stick to factual rather than emotional responses, as I imagine a lot of you will think it is "unfair" I leave the school only after one year!
Breaking Contract in Europe
Response
We need to know more about the contract:
1) What is the length of the contract? Is it 1 year, 2 years, indefinite, etc?
2) Are there any penalties described in the contract if you give less than 6 months notice?
3) What language does the contract use in regard to the 6 months notice? Does it state "should" or "must", etc.?
4) What are the legal requirements (those actually supported by some kind of regulation or rule) regarding employment separation in your region?
5) Are there any local or regional negative consequences if you break, abandon contract?
The cold truth is, the contract doesnt matter. Unless there are some serious penalties like you would be deported or have your visa canceled, or there are damages the IS could reasonably recover (and recover is different than claim) from a legal suite or some other process that would be strongly supported by law than the contract is little more than guidelines. If you decided to pull a runner and walk tomorrow what would happen? If the answer to that is nothing other than having your coin stop and looking for another appointment or job, than you dont have to give 6 months or any notice at all. If there are some form of penalties or consequences what is your ISs ability to enforce them? Lots of contracts claim damages that are little more than empty threats because they wont prevail in court or they cant realistically recover. The EU essentially has a non punishment model when it comes to employment. An IS cant punish you or make you work for them. At best they can file suit but need to actually prove real damages that they suffered or lost as a result of your departure. They cant point to a contract and successfully argue you agreed to a penalty in a contract, and thus must pay.
The proceeding paragraph is also essentially academic, the only issue that matters is what the ISs ownership/leadership is going to say and do and how future recruiters are going to interpret that. If you have a two year contract and give notice 6 months in and depart after one year, whether your legally or contractually able to do that or not is moot. That is going to send a strong message to whoever your recruiting with and its not likely to be received positively. If the ISs leadership provides you a positive ref and says you completed your contractual obligation satisfactory, then its a none issue that probably wont come up unless you bring it up. Then again you can interview and recruit with this other IS and tell them (or not) what your plan is and they might not care at all that you left after one year and decided to exit 6 months in. They might not care if you gave notice at all or how much notice you gave.
The only mitigating factors of consideration are:
One, you dont know how your exit will be interpreted with an unknown recruiter and IS in the future. Even if your next IS doesnt care, in some X years it might matter significantly, and theres no way of knowing when that might be.
Two, you may give those 6 months notice and find yourself dismissed immediately or very quickly. Your HOS might not take such things personally and understand you have aspirations or that your unhappy and not think anything of it. You might have a sociopath who takes it personally and decides to sabotage you for the remainder of your time or might dismiss you immediately and sack you then and there are shortly thereafter.
1) What is the length of the contract? Is it 1 year, 2 years, indefinite, etc?
2) Are there any penalties described in the contract if you give less than 6 months notice?
3) What language does the contract use in regard to the 6 months notice? Does it state "should" or "must", etc.?
4) What are the legal requirements (those actually supported by some kind of regulation or rule) regarding employment separation in your region?
5) Are there any local or regional negative consequences if you break, abandon contract?
The cold truth is, the contract doesnt matter. Unless there are some serious penalties like you would be deported or have your visa canceled, or there are damages the IS could reasonably recover (and recover is different than claim) from a legal suite or some other process that would be strongly supported by law than the contract is little more than guidelines. If you decided to pull a runner and walk tomorrow what would happen? If the answer to that is nothing other than having your coin stop and looking for another appointment or job, than you dont have to give 6 months or any notice at all. If there are some form of penalties or consequences what is your ISs ability to enforce them? Lots of contracts claim damages that are little more than empty threats because they wont prevail in court or they cant realistically recover. The EU essentially has a non punishment model when it comes to employment. An IS cant punish you or make you work for them. At best they can file suit but need to actually prove real damages that they suffered or lost as a result of your departure. They cant point to a contract and successfully argue you agreed to a penalty in a contract, and thus must pay.
The proceeding paragraph is also essentially academic, the only issue that matters is what the ISs ownership/leadership is going to say and do and how future recruiters are going to interpret that. If you have a two year contract and give notice 6 months in and depart after one year, whether your legally or contractually able to do that or not is moot. That is going to send a strong message to whoever your recruiting with and its not likely to be received positively. If the ISs leadership provides you a positive ref and says you completed your contractual obligation satisfactory, then its a none issue that probably wont come up unless you bring it up. Then again you can interview and recruit with this other IS and tell them (or not) what your plan is and they might not care at all that you left after one year and decided to exit 6 months in. They might not care if you gave notice at all or how much notice you gave.
The only mitigating factors of consideration are:
One, you dont know how your exit will be interpreted with an unknown recruiter and IS in the future. Even if your next IS doesnt care, in some X years it might matter significantly, and theres no way of knowing when that might be.
Two, you may give those 6 months notice and find yourself dismissed immediately or very quickly. Your HOS might not take such things personally and understand you have aspirations or that your unhappy and not think anything of it. You might have a sociopath who takes it personally and decides to sabotage you for the remainder of your time or might dismiss you immediately and sack you then and there are shortly thereafter.
Re: Breaking Contract in Europe
You need to find out the details. If your contract allows you to give notice, than you're allowed to give notice. But the devil is in the details. For example, if you don't complete your initial contract period (presumably 2 years?), than will you still receive summer holiday pay? Have to pay back recruiting costs? Be eligible for a letter of recommendation or only for a certificate that you were employed? Will your agency be notified, and what are the financial and job-searching implications of that? How will your new school react when (not if) they find out you left a contract early? (There are schools who would cancel your offer/contract if they heard about this before you began employment.)
All of this depends on your contract, country, policy manual, relationship with key parties at the school, and level of unhappiness caused by you giving notice.
People here can alert you to possibilities, but what will actually happen is up to all sorts of things we can't know or influence.
All of this depends on your contract, country, policy manual, relationship with key parties at the school, and level of unhappiness caused by you giving notice.
People here can alert you to possibilities, but what will actually happen is up to all sorts of things we can't know or influence.
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GLOBAL_TEACHER
- Posts: 18
- Joined: Fri Nov 17, 2017 5:44 am
Re: Breaking Contract in Europe
Hi PsyGuy and Sid.
Thanks for your advice.
Here are some more details:
1) What is the length of the contract? Is it 1 year, 2 years, indefinite, etc? 2 YEARS
2) Are there any penalties described in the contract if you give less than 6 months notice? NONE
3) What language does the contract use in regard to the 6 months notice? Does it state "should" or "must", etc.? IT SAYS: "THE NOTICE PERIOD FOR TERMINATIONS SHALL BE SIX MONTHS TO THE END OF A CALENDAR MONTH".
4) What are the legal requirements (those actually supported by some kind of regulation or rule) regarding employment separation in your region? NOT SURE
5) Are there any local or regional negative consequences if you break, abandon contract? NONE STATED IN CONTRACT
I have a very good relationship with my HoS and principal, but have another opportunity and do not like living here. I understand it is an unknown quantity in terms of what may happen. The contract does not say anything about the notice and leaving the contract early apart from that one sentence. I will keep researching in the meantime.
Thanks so much for your help. The way I see it, is that I am allowed to give the notice and leave as it is a contract and I am fulfilling my side of it by doing it properly. Apparently last year quite a few teachers left in June since the country only requires to give one month by law and nothing happened to them, but I do not know the details.
Thanks for your advice.
Here are some more details:
1) What is the length of the contract? Is it 1 year, 2 years, indefinite, etc? 2 YEARS
2) Are there any penalties described in the contract if you give less than 6 months notice? NONE
3) What language does the contract use in regard to the 6 months notice? Does it state "should" or "must", etc.? IT SAYS: "THE NOTICE PERIOD FOR TERMINATIONS SHALL BE SIX MONTHS TO THE END OF A CALENDAR MONTH".
4) What are the legal requirements (those actually supported by some kind of regulation or rule) regarding employment separation in your region? NOT SURE
5) Are there any local or regional negative consequences if you break, abandon contract? NONE STATED IN CONTRACT
I have a very good relationship with my HoS and principal, but have another opportunity and do not like living here. I understand it is an unknown quantity in terms of what may happen. The contract does not say anything about the notice and leaving the contract early apart from that one sentence. I will keep researching in the meantime.
Thanks so much for your help. The way I see it, is that I am allowed to give the notice and leave as it is a contract and I am fulfilling my side of it by doing it properly. Apparently last year quite a few teachers left in June since the country only requires to give one month by law and nothing happened to them, but I do not know the details.
Reply
@GLOBAL_TEACHER
In the EU "shall" means "may" and is being expunged from use in a legal context. You are under no legal obligation to give your IS 6 months notice. You are only required to give 30 days notice by regulation. You can probably leave with no notice at all and there likely isnt anything meaningful the IS can do in regards to recovery.
Be strongly advised however, that the meaning of the term "shall" works both ways, an IS may dismiss you with no more than the same 30 days notice. You could give your 6 months notice and they could turn around and give you your 30 days notice.
Contracts dont really mean anything. You cant compel a future recruiter or employer to respect the contract. If they want to think youre non-committal and will leave them in the same or similar situation they can, especially if leadership at your current IS tells them so and weaves some tale of woe regarding you.
You have a 2 year contract your not staying the full two years, the legal principals of breaking contract aside, its still going to be seen as breaking contract, you didnt stay the agreed and contracted length of the contract. The ISs probable interpretation of that clause means that you must give them 6 months notice prior to the end of the contract, not that you can leave at anytime with 6 months notice. In which case withdrawing contract acceptance is safer for you waiting to the end of the year and giving them 30 days.
In the EU "shall" means "may" and is being expunged from use in a legal context. You are under no legal obligation to give your IS 6 months notice. You are only required to give 30 days notice by regulation. You can probably leave with no notice at all and there likely isnt anything meaningful the IS can do in regards to recovery.
Be strongly advised however, that the meaning of the term "shall" works both ways, an IS may dismiss you with no more than the same 30 days notice. You could give your 6 months notice and they could turn around and give you your 30 days notice.
Contracts dont really mean anything. You cant compel a future recruiter or employer to respect the contract. If they want to think youre non-committal and will leave them in the same or similar situation they can, especially if leadership at your current IS tells them so and weaves some tale of woe regarding you.
You have a 2 year contract your not staying the full two years, the legal principals of breaking contract aside, its still going to be seen as breaking contract, you didnt stay the agreed and contracted length of the contract. The ISs probable interpretation of that clause means that you must give them 6 months notice prior to the end of the contract, not that you can leave at anytime with 6 months notice. In which case withdrawing contract acceptance is safer for you waiting to the end of the year and giving them 30 days.
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GLOBAL_TEACHER
- Posts: 18
- Joined: Fri Nov 17, 2017 5:44 am
Re: Breaking Contract in Europe
Thanks PsyGuy.
I am thinking to give them notice soon, so it will give them time to find a replacement teacher for next year. I will think carefully about what you said and make the best judgement I can.
I am thinking to give them notice soon, so it will give them time to find a replacement teacher for next year. I will think carefully about what you said and make the best judgement I can.
Re: Breaking Contract in Europe
from what you've said:
- you're on good terms with your leadership, they're "okay" with you leaving - great. if you were hired via search or something like that, get them to send an email to your associate. it is a mutual agreement that you are leaving and there are no negative actions being taken.
- 30 days is what they ask for but many schools will ask intentions earlier, though you're under no obligation to tell them. as psyguy says, it could backfire especially if they have someone in mind to replace you earlier than you expect. BUT if you're on good terms it should be ok....unless there is a board or something and they get wind of it and they don't like it...
- get a good positive reference from your admin if possible. have a response that explains your departure - a good one. and only if they ask.
- the labour laws are there to protect you. the majority of schools will look for ways to not pay you, and either way, the school will end up doing pretty much what it wants anyways. so don't feel bad, this stuff happens.
good luck.
v.
- you're on good terms with your leadership, they're "okay" with you leaving - great. if you were hired via search or something like that, get them to send an email to your associate. it is a mutual agreement that you are leaving and there are no negative actions being taken.
- 30 days is what they ask for but many schools will ask intentions earlier, though you're under no obligation to tell them. as psyguy says, it could backfire especially if they have someone in mind to replace you earlier than you expect. BUT if you're on good terms it should be ok....unless there is a board or something and they get wind of it and they don't like it...
- get a good positive reference from your admin if possible. have a response that explains your departure - a good one. and only if they ask.
- the labour laws are there to protect you. the majority of schools will look for ways to not pay you, and either way, the school will end up doing pretty much what it wants anyways. so don't feel bad, this stuff happens.
good luck.
v.
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GLOBAL_TEACHER
- Posts: 18
- Joined: Fri Nov 17, 2017 5:44 am
Re: Breaking Contract in Europe
Thanks @vandsmith.
Reply
@GLOBAL_TEACHER
My issue with @vandsmith is that one, you dont know if leadership is really your friend or your on good grounds with and even if you are that could all change in a moment once you give your notice. You dont know if it will turn scary and they will take your leaving personally or be offended, or feel betrayed, or whatever. Second, you dont know if they are going to be okay with you leaving. They may still have negative feelings about the last exodus of ITs. Its all fine as long as everyone is okay with everything, and then everything works out swimmingly. It all goes to poo if someone gets irked off.
I dont see why you wouldnt wait until 30 days, everything has to be aligned and work out for it to do you any benefit, and theres a lot of unknowns that could cause everything too easily go the wrong way. You should also consider that at this point you may very well be on a probationary period, and dont benefit from the full range of labor protections.
My issue with @vandsmith is that one, you dont know if leadership is really your friend or your on good grounds with and even if you are that could all change in a moment once you give your notice. You dont know if it will turn scary and they will take your leaving personally or be offended, or feel betrayed, or whatever. Second, you dont know if they are going to be okay with you leaving. They may still have negative feelings about the last exodus of ITs. Its all fine as long as everyone is okay with everything, and then everything works out swimmingly. It all goes to poo if someone gets irked off.
I dont see why you wouldnt wait until 30 days, everything has to be aligned and work out for it to do you any benefit, and theres a lot of unknowns that could cause everything too easily go the wrong way. You should also consider that at this point you may very well be on a probationary period, and dont benefit from the full range of labor protections.