|
Abstract.
The most important part of any international
teaching sojourn is the contract. Whilst
principles of contract in western jurisdictions
are understood by most parties, the unique
introduction of a foreign legal jurisdiction
into the law of contract adds various
unknown and at times vague elements.
Bio.
Dr. Alcott has worked as an attorney specializing
in Education Law for 6 years. She is he
author of numerous legal articles considering
employment law for teachers, contracts
for teachers as well as educational malpractice.
Keywords:
TESOL contracts. contract law. teaching
contracts
Introduction.
Teachers go abroad to teach English. The
job is governed by the contract by the
contract they enter into either before
going to that foreign country, or entered
into in that foreign country. Unlike contracts
for employment entered into in one's own
country, these employment contracts would
require a book of their own to describe
the legal issues and unique problems that
can arise. It has been noted that over
one third of teachers do not complete
their contracts (Robertson, 2005). However,
unlike western systems, it may not be
a simple of matter of getting legal help
when you believe your contract is not
being followed. It should also be remembered
that breaches in employment in the TESOL
profession rarely involve large sums of
money, and hence obtaining legal help
is often to costly an option to consider.
A contract is an agreement, giving rise
to obligations which are enforced or recognized
by law, (Treitel, 1999.) In recent pleadings
before a Korean court, the defendant,
a college who was being sued for unfair
dismissal, argued, "The plaintiff
is a Canadian citizen and as such, has
no legal rights under the laws of Korea."
Whilst clearly this pleading flies in
the face of international law, it does
show the sort of obstacles a teacher can
face when trying to sue in a foreign jurisdiction.
In subsequent articles, I will look to
the specific problems that are common
under a contract, namely unfair dismissal
and remedies and other contractual disputes.
In this first TESOL contract analysis,
it is important to look to general issues
that are common to all TESOL teachers
who work in a foreign jurisdiction under
a contract of employment.
Issues
for consideration
Whilst in normal contractual disputes,
the issues revolve around the contract
and any collateral contracts, in foreign
jurisdictions where there is a dispute
over the employment contract, such as
in an unfair dismissal; there is sometimes
an overriding complicating factor.
Foreigners are subject to the immigration
laws of the country they work in where
their visa status is that of visiting
alien with a work visa of usually one
year's duration. Upon termination of the
contract, the sponsor ceases to act in
that capacity, thus the teacher is no
longer complying with immigration laws,
and may only have a short period of time
(two weeks) to leave the country. This
does not allow the teacher time to seek
remedies, unless the immigration office
allows an extension of time within which
to fight the case.
Contractual
Problems
Some of the more common problems that
are found in TESOL contracts are:
a) vague conditions as to how many hours
a teacher must work
b) annual leave provisions that are inconsistent
with National laws
c) grossly inflated tax provisions that
are inconsistent with Taxation laws
d) clauses stipulating procedures for
dismissal that contravene Labor Laws
e) penalty clauses that contravene local
Labor Laws
f) Bonus and severance pay clauses that
breach local Labor Laws
g) Housing conditions that do not comply
with the word of the contract
A
fairly common situation in TESOL contracts
is where the employer repudiates the contract
by imposing a wage cut. The employee continues
to work (for to resign would see Immigration
laws apply and the teacher have to leave
the country.) It has been held (Rigby
v Ferodo) that the contract had not been
terminated by the employers' unaccepted
repudiation, but the employee could sue
to recover the lost wages.
However
before one even begins a TESOL contract,
the legal issues can arise that lead into
contractual disputes.
h)
false and misleading advertisements advertising
job conditions
i) job Web sites posting jobs with conditions
that breach Labor and other laws
j) recruiters who falsely misrepresent
the conditions of the contract
Currently
there are proceedings underway by a teacher
who accepted a job offer from a job Web
site based in the USA, and where the job
was in South Korea. The job posting had
false and misleading statements which
the plaintiff acted upon. Subsequently
the plaintiff suffered financial loss
as result of this web posting. The plaintiff
has joined the employer and the web site
as defendants. The action is being initiated
out of South Korea. The court has yet
to pronounce as whether they will allow
the US based web sit to be joined, however,
it appears in preliminary arguments, the
court will allow this. (ELGazette 2006)
Jurisdiction.
Generally you will be taking legal action
in the jurisdiction in which you are working.
Thus the general legal principle is that
the contract must be presented to the
court in the language of that country.
There is little point in returning to
one's home country and trying to initiate
legal proceedings against an ex-employer
who is in another country. That involves
great expense, and rarely results in a
satisfactory conclusion to the plaintiff.
Most foreign jurisdictions have labor
Courts or labor offices that may be able
to help when a dispute arises. Usually,
these government authorities will be the
first place you should visit to resolve
the dispute. Where the Labor Office cannot
resolve the issue, they may take the proceedings
to the small claims court and assist you
with your case there. One advantage the
TESOL teacher has in going to a labor
office seems to lay in the fact that most
employers prefer not to have the government
authorities looking too closely at their
mainly cash run business, and often settlements
can be effected quickly, though an employer
can counter claim which involves the plaintiff
in quite some expense and possibly putting
up a substantial security for costs.
Recruiters
This topic alone requires a separate work
of itself. Many first time TESOL teachers
will find employment via the services
of a recruiter. The TESOL teacher should
be very alert to the fact that that recruiter
may only be concerned with getting their
commission for placing a teacher - and
thus the teacher should be vigilant to
promises or undertakings made by a recruiter
which may or may not be true.
The well-known EFL-Law web site notes
the following issues:
-
The law pertaining to recruiters is quite
complex. This is exacerbated because maybe
you are in one country, they in another,
or where you both meet in the one country
(same legal jurisdiction) you then have
the perplexing problem of what is the
legal relationship between your recruiter
and your future employer? It is worth
noting that whilst there are some stories
of recruiters who promise the world to
future EFL teachers, and that inevitably
turns out to be heartbreakingly untrue,
there are some reputable recruiters. Ultimately,
few if any EFL teachers will want to get
involved in the expense of suing the recruiter.
There are numerous jurisdictions/ USA,
UK, N.Z. Canada, Australia, where differing
legislation and common law principles
exist.
1.
Is the recruiter your agent or the Employer's
agent?
2. What written authority from the Employer
does the recruiter have to enter/negotiate/
contractual negotiations with you?
3. Is the recruiter charging you, your
future Employer, or both? Does your countries
law allow this?
4. Does the law of your country have specific
provisions pertaining to recruiters?
5. Has the recruiter promised you something
that is not readily apparent in the contract?
Ask the recruiter to include it in writing
in the contract. If he says he cannot,
ask him to have the employer include it
in the contract, and confirm same.
6. Have you confirmed with your future
employer what the recruiter has promised
that is not apparent in your contract?
7. Do you know the recruiter's full name,
business address and business registration
details? Ask for it.
In
this section, the general legal situation
is that if a dispute arises in your employment
contract, you will not be able to rely
on anything a recruiter said or did prior
to the contract being signed. The exception
to this principle is where you are in
the foreign jurisdiction already and a
recruiter who is registered in that foreign
jurisdiction misleads you or makes false
statements. This of course, is subject
to the laws of the jurisdiction you are
in.
Contracts
The
employment contract should contain details
of the following:
1. Names of both the employer and employee
2. Starting date of the employee
3. Job title and description
4. Address of the workplace(s)
5. Details of pay - hourly rate/salary
and when it is paid (weekly/monthly)
6. Hours worked each week
7. Holiday entitlement
8. Sickness entitlement
9. Details of any pension schemes
10. If the employee is to work overseas
- the period that they will work overseas
and the
currency in which remuneration will be
paid for this period.
11. Grievance arrangements
12. Termination of Contract Notice
13. Disciplinary procedures
14. Signatures of both the employer and
employee
The
following is a sample contract (EFL-Law.com)
which highlights the issues a TESOL teacher
should be aware of. This contract does
not purport to apply in all situations,
for each legal jurisdiction has overriding
laws to consider. It does, however, indicate
points you should look for in any contract.
With contracts of employment, it is rare
when the employee gets to present the
contract (such as here) for contracts
are also known as contracts of adhesions
-you are stuck with what you are given.
(Dickey, 2004) However, there may be occasions
when you can negotiate minor changes to
the contract. Point 13 above has been
omitted for further in depth discussion
in the next edition
Employment
Agreement for English Language Instructor
This Employment Contract (hereinafter,
the "Contract") is entered into
between the Employer {_________________________,}
(Country), (hereinafter the "Employer")
and the native English speaker (Name)
(_______________________) (hereinafter
the "Employee") a/an (______________)
citizen residing in (_______________________)
Definition Section.
For the purposes of this contract, the
following words have the following mean;
"Lesson
hour" for the purposes of this
contract is 45 minutes.
"Letter of Release" is
the prescribed document written by the
Employer to grant the Employee permission
to change Employers and is for presentation
to the (xxx) Immigration Department.
"Must" is an absolute
condition.
"Public Holiday" means
a day that is set aside by government
proclamation as a holiday.
"Recruiter" for the purposes
of this contract, includes anyone who
has acted with the express approval of
the Employer and has been given express
authority to modify and negotiate terms
of the contract.
"Shall" where recorded
in the contract, indicates a condition
that is obligatory, except where Laws
to the contrary override its use, or where
use results in unfairness or
inequity.
"Split shift" is defined
as any work that requires the Employee
to work in the morning, conclude his/her
duties, then recommence later that same
day with a period of two hours or greater
separating the working hours.
"Teaching lessons" for
the purpose of this contract include Employee
student contact lessons, compulsory staff
meetings and or compulsory training sessions.
"Will" where recorded
in the contract indicates a duty the party
is obliged to do, except where that duty
contravenes another provision recorded
in the contract.
"Work place" is the primary
place of employment of the Employee and
does not extend to a second location.
"Working hour" for the
purposes of this contract is 60 minutes.
"Working Week" excludes
Saturdays and Sundays and Public Holidays.
Article
1. (Term of Employment)
{1} The Term of Employment shall commence
on __/__/2004 and ends at midnight on
__/__/2005
Article
2. (Salary)
{1} The Employee shall be paid the total
amount of (xxx) per month.
{2] The Employer will deduct Income Tax
and or Pension Contribution and or other
obligatory taxes as required under local
law and as set out in itemized form in
Schedule One (1) annexed hereto and signed
by both parties.
{3} The Employee's salary will be paid
on the 25th day of each month no later
than 3.00 p.m. on that day. Where that
day is a Saturday, Sunday or Public Holiday,
the Employer must pay the Employee on
the immediate preceding business day.
{4} The Employer guarantees to pay the
amount stipulated in Article 2 {1} above
irrespective of whether the Employer provides
the hours stipulated in Article 4 or not.
{5} If the Employee has been absent from
his designated work place without prior
approval, that salary may be calculated
on a pro-rata basis for the days absent.
{6} If the Employer fails to comply with
the provisions of (1) herein for a further
7 days beyond the specified date, the
Employer must, for every day the salary
is late, or part thereof, agree to add
that time to the Employee's vacation in
addition to Article 10 hereof.
{7} Where the salary is later than 7 calendar
days from the date of pay, the Employer
agrees absolutely to supply the Employee
a Letter of Release from the contract.
{8} Where the Employer deducts contributions
to a Pension Scheme, the Employer will
provide the Employee with the information
set forth in Schedule 2 annexed hereto.
Article
3. (Severance Pay)
{1} The Employer must pay (Severance Pay)
(Bonus pay) proscribed as (money amount)
(being the average of the Employee's last
three month's salary in the following
manner as agreed and initialed by Employer
and Employee: (a) as a lump sum payment
at least 3 working days prior to the completion
of the contract.
{2} Any deductions from (1) of this Article
shall be noted in Schedule 3 annexed hereto
and signed by both parties.
Article
4. (Working Hours)
(1) The employee shall work a maximum
of XXX hours per calendar month..
{2} Working hours will comprise XX working
hours per working week and Lesson hours
will comprise a maximum of 30 lesson hours
per week
{3}The working week for the purpose of
this agreement excludes XXXXXXXXXXXXX
{4} The Employee shall not work a split
shift, except where both parties agree
otherwise.
{5} The Employer must pay overtime for
all working hours in excess of ( xx) minute
lessons (calculated) per month. The rate
for overtime is calculated at (XX rate)
per lesson.
{6} That the Employer might require the
Employee to work a different schedule
during the government school vacation
period and the Employee agrees provided
always that the Employer provides the
Employee with seven XX calendar days advance
notice of said change.
{7} The Employer may change the agreed
working hours pursuant to this agreement
with the agreement given and recorded
of the Employee.
{8} For this purposes of this part, a
lesson is calculated as 45 minute, thus
two thirty minute lessons would equal
one (1) worked lesson plus 15 minutes
of the next lesson calculation.
[9] There shall be a 10 minute break between
lessons of 45 minutes duration, and 5
minutes break between lessons of less
duration.
{10} If the Employer fails to provide
the agreed lesson hours per month, the
Employee is deemed to have worked the
full lesson hours as stipulated in this
contract.
{11} Where a Public Holiday falls, the
Employee is deemed to have worked those
hours otherwise worked and no carry forward
shall be made.
{12} Where the Employer requires the Employee
to attend on such events as field trips,
picnics, etc, the time shall be calculated
as from the time of leaving the place
of employment to the time of return to
the place of employment.
{13} Where the Employer requires the Employee
to do non teaching related duties such
as but not limited to (a) phone English
(b) phoning students (c) actively canvassing
for students, or such similar duty, that
time shall be calculated as time worked
as overtime or as lesson time pursuant
to this Article
{14} For the purpose of this contract,
every 10th lesson will be deemed preparation
time and no teaching shall occur during
preparation time.
.
Article 5. (Housing)
{1} The Employer must provide the Employee
with housing. Housing selected by the
Employer may include a leased house or
an apartment.
{2} If the Employer is not able to provide
housing pursuant to [1] hereof, the Employer
must provide the Employee with (xxx) per
month as rent subsidy in lieu of the housing
set forth in [1] hereof.
{3} The Employer may provide temporary
housing not exceeding 30 days until appropriate
housing becomes available.
{4} The Employee may be required to share
the said housing with no more than one
other person.
{5} The Employee is liable and responsible
for all and any fees, namely utility charges,
gas, electricity, telephone, incurred
whilst the said Employee is in residence.
{6} The Employer must provide the Employee's
accommodation with furniture, including
but not limited to (one bed, one wardrobe,
kitchenware, refrigerator, bedding, washing
machine and cooking utensils).
{7} The Employee undertakes to take all
due and reasonable care of said furniture
and equipment, and that the Employee shall
be liable for the cost of repairs or replacement
to any equipment or furniture damaged
as a result of the Employee's negligence.
{8} Where this contract is agreed to outside
of Korea and the Employee has NOT seen
the accommodation, nor has it been certified
as acceptable for living by an agent of
the Employee, this contract is absolutely
conditional upon acceptance on sight of
the accommodation by the Employee. Where
the Employee declines the accommodation
upon sight, the Employer must house the
Employee in hotel accommodation at the
Employer's cost until suitable accommodation
is agreed.
{9} The Employer agrees at all times that
no deductions from the Employee's salary
will be made whatsoever in relation to
this Clause, except where the written
and signed agreement of the Employee is
first obtained, and specified in the Schedules
annexed hereto.
Article
6. (Airfare)
(1) The Employee's economy airfare to
(xxx) via the most direct route from outside
(xxx) to the nearest airport nearest to
the place of employment will be paid in
full by the Employer.
(2) Where the Employee has paid for the
said economy ticket, the Employer will
reimburse half (50%) to the Employee 10
days or sooner after arrival in the country
of employment.
(3) Where the Employee completes the contract
as stipulated in Article 1 hereof, the
Employer must pay to the Employee no later
than XX days prior to the end of the contract,
the return economy airfare to the point
of hire outside of (xxx) upon proof of
said ticket purchase.
{4}Where the Employee is hired in the
country of employment, the Employer shall
pay all reasonable costs including airfare
and accommodation for the Employee's visa
run to the nearest non mainland Embassy.
{5}Where the Employee terminates this
contract within 6 months of the commencement
date, the Employer may deduct the air
fare paid pursuant to (1) herein from
the final salary.
Article
7. (Medical Insurance)
(1) The Employer must pay the full/half
(% to be agreed) medical insurance coverage
of the Employee.
{2} That the Employer must provide the
Employee a medical insurance certificate
or booklet from the Insurance company
within 14 days of commencement of insurance
contract as stipulated in Article 1 hereof.
{3}This is a fundamental term of this
contract, the breach of which allows the
Employee to terminate the contract immediately
with no further notice required.
Article
8. (Sick leaves)
{1} The Employee shall be entitled to
(XX) paid day's sick leave per contract,
calculated as one day per month accumulative.
{2} Where the sick leave exceeds two consecutive
days, the Employee must provide the Employer
with a certificate signed by a medical
practitioner.
{3} The Employee must advise the Employer
as soon as possible of the sick leave
and expected duration thereof.
{4} Sick leave above and beyond the said
(XX) working days stipulated in [1] hereof,
shall be unpaid, except where the Employee
requests to use vacation time to cover
the sick leave.
{5} Those who renew their contract pursuant
to Article 14 shall have unused sick leave
transferred into the succeeding contract.
Article
9. (Job Description)
{1} The Employee shall carry out all duties
required by the Employer to (a) provide
English language lessons to students and
or local teachers.
{2}The Employee shall only be required
to work at the primary place of employment,
and where a secondary place of employment
is required, the Employer must pay the
Employee traveling expenses, and where
travel exceeds 60 minutes via any transportation,
the Employer will pay an hourly wage for
the said travel time pursuant to Article
2 hereof, or calculate said travel time
as lesson time.
{3} That where a secondary or further
place of employment is required by the
Employer, that the Employer must inform
Immigration of said place(s) of employment,
and that all and any expenses relating
to non compliance of the Immigration law
must be borne by the Employer. Further,
that said notification must occur prior
to application of attending at said second
or other location.
{4} Where the Employer requires the Employee
to attend at meetings not designated as
teaching lessons, the Employer shall count
each 45 minute period attended as a worked
lesson.
{5} The Employee agrees to abide by the
reasonable dress code set by the Employer.
{6} That where the school desires to video
or film or transmit live images of the
Employee's teaching, the Employer shall
first obtain the approval of the Employee.
{7} The Employer agrees that no video
images or photographic image of the Employee
shall be used for advertising or uploaded
to the Internet without first the said
approval of the Employee being given.
{8} Where the Employer requires the Employee
to attend training sessions, meetings,
or other mandatory attendance sessions,
the Employer shall pay the overtime rates
for said time or said time shall count
towards the hours specified in Article
4.
Article
10. (Vacation)
{1} The Employee shall be entitled [ xxx
words] working days annual leave per contract.
{2} In the absence of both Employee and
Employer agreeing upon mutual time for
taking said leave, the Employee's leave
shall commence (xxx) working days prior
to the end of the contract date specified
in Article 1 hereof.
{3} If clause [2] hereof applies, the
dates stipulated in Articles 3 (1) and
[6] (3) are subject to this Article.
{4} The Employee shall be entitled without
exception to all public holidays stipulated
by government proclamation in addition
to Clause [1] .
{5} That where a holiday, being a Civil
Service holiday, is proclaimed at short
notice, and the Employer requires the
Employee to work the said holiday, the
Employer shall permit the Employee to
take one day off at a time to be agreed,
or in the absence of agreement, the said
day shall be added to clause (1) of this
Article.
{6} That where the Employee has worked
the entire contract without absence, the
Employee shall be granted a further 5
working days leave, or where the contract
has concluded, 5 days pay in lieu of said
leave, exclusive of any other entitlement
herein.
{7} The Employee is entitled to XX calendar
day's emergency leave for family emergencies.
This leave shall be unpaid but shall not
affect any other clause whatsoever as
to the contract term, severance pay, airfare.
Article
11. (Termination of Contract)
{1}The Employer may terminate this contract
upon occurrence of any one of the following
events; (a) if the Employee violates the
criminal laws of the Republic of Korea
as found by a court of Law (b) If the
Employee fails to perform the duties or
unsatisfactorily performs any of the duties
stipulated in this contract, as indicated
in Schedule 4 hereto, (c) if the Employee
fails to perform the duties specified
herein continuously for more than 5 working
days without excuse (d) if the sick leave
used by the Employee exceeds 20 days,
(e) if the Employee undertakes any other
paid teaching duties outside of this contract,
except where written approval has first
been granted by the Employer.
{2} In the event that this contract is
terminated pursuant to the foregoing [1],
the Employer shall pay the Employee up
to the date of termination, plus one month's
salary. In such case, the Employee shall
be absolutely liable for his return flight
ticket costs, and the Employee's visa
shall be canceled forthwith.
{3}In the event of clause (a) termination,
the Employer may, if this section occurs
within 3 months of the start date hereof,
not be liable for the return airfare of
the said Employee, and (b) the Employee
may seek reimbursement of the airfare
paid pursuant to Clause 6 hereof.
{4} It is a condition of this agreement
that the Employer must provide the Employee
with XX days written notice of Intention
to Terminate the Contract, setting forth
the reasons therein, and allowing the
Employee sufficient time to remedy the
situation.
{5} The Employee should give 30 days notice
of intention to resign or not renew the
contract, except in case of documented
emergency requiring the Employee to return
to his home country, wherein 2 days notice
is desirable.
{6} Where the Employee is dismissed pursuant
to any sub clause herein with the exception
of 11 [1] (a), the Employer agrees to
provide the Employee a Letter of Release
and inform Immigration that the said Employee
may commence work with another Employer
forthwith.
{7} Where the Employer invokes Clause
(1) of this Article, the Employer agrees
to allow the Employee up to XX calendar
days to vacate school accommodation.
Article
12. (Immigration and Alien Registration
Card)
{1} That it is a fundamental term of this
Contract that the Employer completes ALL
necessary steps to legalize the Employee's
stay in Korea immediately upon Employee's
arrival in (country of employment)
{2} That the Employer undertakes and guarantees
to pay all and any fines or fees incurred
as a result of not complying with [1]
hereof.
{3} That the Employee shall be entitled
to attend at Immigration without said
Employer if said Employer fails to complete
or satisfactorily initiate as soon as
practicable the Immigration requirements.
{4} That failure to complete said Immigration
proceedings and issuance of Alien registration
Card within 31 days of the date of arrival
in Korea constitutes a fundamental breach
of this contract, and that the Employee
may terminate immediately the said contract.
{5} That the Employer must pay the Employee
3 month's termination salary immediately
if (4) herein is invoked.
{6} That where the Employer requires the
Employee to work at any other location
apart from the primary location stipulated
in the Immigration Registration documents,
the Employer must obtain Immigration permission
before hand and shall be liable for all
and any costs associated with this change.
Article
13. (Other Benefits)
{1} The Employer shall provide the Employee
with a one time non refundable settling
in allowance of XXX within 48 hours of
his/her arrival in the Republic of Korea.
Article 14. (Renewal of Contract)
{1} No later than 1 month before the date
of termination as set fort in Article
1 hereof, the Employer and Employee shall
agree upon an extension or termination
to this contract.
{2} In the event of a renewal of contract,
the Employer shall provide the Employee
with a return airfare economy ticket from
the city of employment to the Employee's
nearest home international airport.
{3} That the Employer will grant the Employee
a XX day paid holiday between contracts,
which said holiday is in addition to any
other leave provisions herein, and shall
constitute time under the renewed contract,
and is in addition to any other benefit
herein this agreement.
Article 15. (Governing Law)
{1} The terms of this contract and the
rights and obligations of the parties
to this Contract shall be construed and
determined in accordance with the Laws
of (country of employment)
{2} That the governing language for this
contract shall be Korean provided always
that the Employer provides the Employee
with a true and faithful translation of
the said Korean wording.
{3} That the Employer and the Employee
must sign both country of employment language
and English language version of the said
contract.
Article
16. (Recruiters)
{1} This contract was concluded inside/outside
(country of employment) with/without the
express approval of {____________________}(
Name of recruiter), who was/was not authorized
to act on behalf of the Employer herein,
and whose promises annexed hereto in Schedule
5, shall be binding/non-binding upon this
contract.
Article
17. (Professional Development)
{1} The Employer agrees to allow the Employee
to attend three Professional Development
work days during the term of this contract.
These days include but are not limited
to such Professional Development programs
as: Conferences, Oxford Book days, etc.
{2} That the Employee shall not be obliged
to work any lessons on the Professional
Development days.
{3} The Employer agrees to pay half the
reasonable traveling costs for such Professional
Development.
Article
18. (Labor Law)
{1} Where the Labor Laws of the governing
country provide benefits not referred
to herein, those laws shall be imported
herein and applied in toto.
Article
19. (Confidentiality)
{1} This Agreement creates a confidential
relationship between Employer and Employee.
Information concerning the Employer {Company
Name} business affairs, methods of operation,
computer programs, employees, documentation,
student data, teaching materials and other
such information whether written, oral,
or otherwise, is confidential in nature.
The Employee will adhere fully to this
confidentiality agreement
Article
20. Entire Agreement
{1} This agreement and the schedule annexed
hereto represents the full understanding
between the parties
and there is no other agreement, oral
or written, between them, and that this
agreement may not be modified without
an agreement in writing signed by the
party to be charged. This contract is
in effect until written notification of
termination from either party.
Accepted
And Agreed:
Employer:
_____________________________
(Signature) _____________________________
(print name) ____________________________
Date: __/__/2004
Employee: _____________________________
(signature) _____________________________
(print name) ____________________________
Date: __/__/2004
Conclusion.
The law of contract for TESOL teachers
is worthy of a book in itself. Contract
law which teachers are familiar with in
western jurisdictions becomes intertwined
with legal concepts found in foreign jurisdictions
and compounded by over riding public laws.
When signing a contract, it is always
prudent to ask yourself some simple questions:
a)
do the clauses make sense
b) has the contract covered all key
points
c) what public laws are also at play
in the new legal jurisdiction
If
you can answer these questions confidently
then you are one step closer to having
a successful sojourn. When in doubt, you
can always post your question on the legal
forums at EFL-Law.org/forums and receive
good advice no matter where you want to
teach. As well as confirming the contracts
legitimacy, you should also make further
enquiries that go to the nature of the
employer you are going to work for. 30
percent of TESOL sojourns finish in dispute
- thus there is high probability you will
face problems during your stay abroad.
By learning the basic laws of contract
and remedies that exist in your proposed
country of sojourn, you are well prepared
to face the new job. As always, and by
way of disclaimer, you should always consult
an attorney or lawyer and have him or
her advise you on contractual matters.
Index
Dickey, R. (2004). Severance Pay &
Special Laws, Retrieved December 2005
from
http://www.efl-law.com/faqans7_Sev_Pay.html
EL-Gazette Unpublished article pending
(February 2006)
EFL-Law.com (2004). TEFL Recruiters,
Retrieved November 2005 from
www.efl-law.com/recruit_law.html
Frey, M., & Frey, P. (2000). Essentials
of Contract Law. Thomson, U.K
Guerin, L,. & Delpo, A. (2004).
Everyday Employment Law. Nolo US.
Potter, P.B. (2003). The Chinese Legal
System. Routledge. UK
Rigby v Ferodo (1988). I.C.R 29
Robertson, P. (2005). Teaching Overseas.
The Best Legal Advice. Pusan. Lulu
Treitel, G. H. (1997). The Law of Contract
9th Edition. London. Sweet & Maxwell
Treitel, G.H. (1999). "Third Parties".
The Law of Contract 10th Edition.
London. Sweet & Maxwell.
|
