About 10 days ago I was told my kindergarten Chinese Teacher was leaving, and since they can’t find a replacement for her, they were going to cancel the class. That left me with 3 hours per week (which I had only been covering for them anyway because they couldn’t find another full-time teacher). Their idea was to have me remain there teaching 3 hours per week (2 x 90 minute lessons), then call in to do cover in other branches every morning. Effectively, my income would be 12 hours per month. A while back the school told me, the minimum hours for the contract is 20 in my kindergarten class plus 1 or 2 in the cram school. (It doesn’t say that in the contract, just that a ‘standard schedule’ is 5 days per week - there is no promise of a ‘standard schedule’ and there is no clause saying there is a minimum hours you can work.)
Now, it would seem the minimum hours are 3 or 0.
I’m wondering what I do, I’ve told everyone I’m leaving (and I have left) and have rescinded my agreement to cover the class I was teaching. My sense is they want me to break the contract for whatever reason, rather than to offer it to me… perhaps they want me to wait around so they don’t have to find someone else (in a tight market) when someone leaves the company?
I want to leave the country for a few weeks, and I’m not sure what to do, I need that bridging ARC and I don’t feel comfortable just leaving, if there would be the possibility they cancel my contract whilst I’m outside the country.
Can anybody tell me why my sense is they want me to break/cancel the contract? There are penalties listed, but I’m not sure they would apply to my case.
Do I demand they offer me full-time hours or end the contract?
I’d suggest heading to the labour affairs centre in your local county/special city hall to also ask for advice. They are free to use and offer great labour rights guidance.
I"m guessing what they may do if I say this, is we’ll take hours off other teachers that are currently working 20-30 hours a week (but hours/classes that I will not want) and give them to me in order to comply with that minimum. In that case, i need to resign?
(Or maybe I accept (if they offer that) and give them immediate notice… except its 3 months notice in my contract.)
I think talking to the labour office is probably a good idea as well.
Yes, its a legal job. They’ve just offered me to get out of the contract. It was a condition of the contract I couldn’t work anywhere else. Hopefully there aren’t any issues.
I"m not sure that’s the case, I work for one of the large companies. MOE knows what’s going on at the school I work at, they speak with them every few days (at least).
I can just tell you that I had no idea it was illegal to work at places other than the address on the arc when I first started. My school lied to me and said it was ok. They lied about many things.
I went to the labour beauro and just told them I was working for one company in many places because my school told me to. I didn’t get in any trouble they just made me reregister my arc with a new location.
I dropped the case before arbitration because my school was making a lot of threats and I already knew I was leaving, so I decided it wasn’t worth fighting anymore.
After I discovered it was illegal I refused to work anywhere but that location.
I think if it’s obvious you didn’t know and we’re lied to and you work with agents who have a conscious, you should be ok
As explained in other threads, both business entities could be in the same building but on different floors, and the scheme would still be illegal. They could be on the same floor at what looks like the same address but is technically two separate addresses, and the scheme would still be illegal.
The fact that it’s a common practice that (almost) everyone knows is happening doesn’t make it legal either.
So, what to do? If OP doesn’t need this job, and an LSA Art. 14 situation exists, ask someone to help with the writing of a nice, proper termination letter and terminate the (ahem) buxiban contract immediately. If the employer is the “what, you sent us a letter? no we have no idea what you’re talking about” type, get insurance by making it a legal deposit letter.
I wonder if you think this practice will end or at least become rare eventually?
It feels that recently attitudes are changing. Young Locals seem to be fed up with being abused at work and are launching their own businesses rather than be abused at work for little pay.
The new generations seem to be breaking away from the old ways of exploitation and cheating.
Is it just an illusion from a foreigner or do you also feel optimistic?
Eventually, yes, because love is the only way that truly works.
But companies don’t abuse people, people do.
The recruiter that put me forward for a type of job I specifically asked not to be put forward for was abusive. He had no regard for the fact that I could end up spending a year in a contract for an organisation I perhaps didn’t like and wasn’t suited for. It was all about making the quick commission for himself. Ultimately, of course, it’s my choice if I choose the job or not.
However, loveless actions, abuse and self-interest, and the deeply wounded people who make these choices are everywhere.
I see a lot of younger people who became self-employed ‘digital nomads’ reach a point where maintaining that lifestyle is worth more than their integrity… and they so they start with baby steps towards selling out until it becomes the norm for them and they no longer see any issue with what they’re doing.
