How to terminate an existing teaching contract

[smerchas]

Hi,

Yes is does have ajob description and no my duties don't match...I do a million times above what's on the description. I'm hoping this is the loop hole.

[HKChigger]

Well if your primary duty is teaching and that's on the contract it could be hard,they may be asking you to do extra tasks which may be in your contract. (Extra Tasks as required)

If you have a new job lined up for sure you could be tougher on this company than, refuse to do anything that's not on the contract and see if they will let you go or fire you. But, that's not a way most people would want to go.

What about the visa, is the need for three months for a "visa cost" listed on the contract?

[Star Gazer]

the norm is - when you sign a contract, it is understood that you have read the contract and agree to what was written on the contract.

hiring a solicitor would cost you more money

and if you can prove (aside from your word) that your responsibilities are not what's written, then you have a strong case? maybe video your everyday routine for several days? if there is email or correspondence to indicate that you are being asked to do something else - then the better your case against them

[emmie]

Thanks DavidHK,

Yes, sorry I'm aware of the admin costs involved in the visa, but not actual costs...i.e. 3 blimin months worth..hahaha!!

Yes, I'm hoping I can strike a deal, but just wanted to know some of my rights going in really. Is 3 months notice the norm in hong kong in the teaching industry?

Yes, standard school contract here is: AFTER 30 days of teaching "probation", a period within which queries or doubts, on either side, should be aired / ironed out... a 3-month notice is required. This generally goes for every full-time teacher - to be fair.

It's mainly to look out for the kids - supporting their development through their assumed rapport with you. Once you've somewhat bonded with them in the first coupla months, with lessons chugging along accordingly, "stability" and continuity become prime importance, and sorta expected.

The quitting notice period and other considerations, in a few cases, could have been privately negotiated with the principal, with his/her needing further approval from the school board, which takes time. BUT from what I know, that's only PRIOR to your starting teaching in class, usually before term begins. Most HK schools want to maintain some semblance of "face" / reputation.

Every case is different. Mind my asking... Why the delay in handing in your notice while sensing something amiss and WAY before securing another teaching post elsewhere?

Wish you well.

[AJZ]

Have you thought about contacting the Labour Relations Division of the Labour Dept to get some initial advice? That would be free.

[PerryCo]

I guess the worst that can happen is the employer reports you to Immigration for visa violations. Some people on here can give you more facts on what might then happen.

[hello_there]

If you really think that the company is in "breach" of the contract for altering your contractual duties, you need to discuss it with them. Document the discussion by sending a follow up email referring to the meeting, date, time, parties present, etc. and summarizing the points you brought up in the meeting and the company's responses. Don't bother getting a solicitor involved until you have had a talk like this with your employer to figure out their views on your contractual duties/ job description.

[emmie]

Hi,

Yes is does have a job description and no my duties don't match...I do a million times above what's on the description. I'm hoping this is the loop hole.

You've just experienced the REALITY of teaching in most run-of-the-mill HK schools.

Numerous, sometimes loadsa, NON-teaching tasks and responsibilities are part & parcel of being a so-called "teacher" here

There'll be a line (of very few words) in your contract outlining this expectation, encompassing (time-consuming!) admin, extra-curricular duties and after-school tutorials, etc. No different from what is generally expected of all.

But do have a chat with your teacher colleagues and check IF indeed you have been unfairly inundated. OR, as a last resort, since you're NOT from HK and a Native Eng-speaker, quietly, privately negotiate with the principal, citing (glaring?) differences of cultural norms, expectations, and lack of "fit" in this particular school.

Not sure if it'll work... BUT maybe better than staying the rest of the 3-month notice, unconsciously giving off vibes of obvious unhappiness while teaching a class of kids. Hope this gets sorted out ASAP, with the least tension.

[smerchas]

Hi everyone thanks for your advice. I've had some initial feedback from a solicitor so a little bit more knowledgeable now. I will try and strike a deal first and go from there.

many thanks....