Breaking a Contract

Posted by In4fun21 (423 days ago)

I was recruited to work in an 'International' school in HK by an agency which turns out is not international at all.
At first all looked well and promising but once I arrived here things suddenly changed.
I had a two week induction which I left a paying job overseas to attend and was assured would be paid for time.
The school refused to pay for this time and classed it as orienteering!Other issues in regards to management have also surfaced.The head of English Studies thrives on spreading rumours about new staff and colleagues and inciting a general uncomfortable working environment which I can't function in.I think it's a very unprofessional place.
I am unhappy in the position and feel I have been mislead.I would like to resign but not sure how the school will react.The contract is vague about this and I've only been there 3 months.
They sponsered my working visa but if I could I would just like to pack up and move tomorrow.I had time off work with being sick and they docked my salary even though I had a doctor's certificate.
I found another job but would like some advice on how to get out of this nightmare.I won't tell my new employer about this just put it down to experience.
Thanks for any advice

(I am based in Hong Kong)

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Posted by Claire (423 days ago)

You are not the first person to have found themselves in this situation. And this is why these places advertise overseas.

By law (Employment Ordnance) an employment contract should stipulate the length of notice required to terminate the contract. If, as you say, the contract is unclear you can approach the Labour Department for assistance - your employer won't know about this unless there is a dispute to follow up, etc. But I think you will be looking at not less than one month's notice.

BTW, they are not allowed to dock your pay for sick leave. Paid sickness days are accumulated at the rate of two paid sickness days for each completed month of employment during the first 12 months of employment, and four paid sickness days for each completed month of employment thereafter. Sickness allowance is a sum equivalent to four-fifths of the normal wages that employees would have earned if they had worked. It's a HK$50,000 if found out they are doing this.

Your employer is relying on your ignorance of the law - they probably have been getting away with this for some time! If you are certain about the new position - and the potential employer is okay to sponsor your work visa - you can resign from your current position. Yes, your current employer will be ticked off. They can ask you to leave immediately, but then must pay you wages in lieu of notice.

Get everything in writing. Sign nothing unless you have proper advice. If you think there might be trouble, record conversations or get the Labour Dept involved - it has (free) arbitration services.

Oh, and don't let anyone at your current employer know where you will be working. HK is a small place and your current employer sounds like it could be vindictive and could start spreading those rumours outside the school.

(I am based in Unspecified)

Posted by In4fun21 (423 days ago)

Thanks for the advice Claire.I was just reading the 'Boss from Hell' post many similarities here! A couple of former colleagues who left also warned me that this place will try to blackball me from future emplyment so I definitely won't be telling anyone where I'm going.
Can they find out through the Labour Department this information?I'm worried about this.All new recruits were warned that they have many contacts in HK government and can do this.
I just want to concentrate on my job and what I love doing and this is too over the top for me.Would getting myself fired be better than resigning?At this point it looks like a better option as if I resign I need to pay money etc.

(I am based in Hong Kong)

Posted by evildeeds (423 days ago)

If the school were able to find out information through the labour department the you can be as sure as hell the ICAC would get involved.

Don't worry the labour dept are there to help, go to them and you will find them very good to deal with.

(I am based in Hong Kong)

Posted by Claire (423 days ago)

All information passed to the Labour Department should be confidential. Of course, there is no guarantee - people are people. But that is why we have the ICAC - Independent Commission Against Corruption. If you believe information has filtered from the LD back to the school, you go to the ICAC.

Resigning is usually better than getting fired; that could easily follow you around. But you know the situation best and sometimes a speedy exit is required.

I don't understand what you mean about paying money. Can you explain? Or did you sign a bizarre kind of Faustian contract?

(I am based in Unspecified)

Posted by sk76 (423 days ago)

I had a similar situation with an international school (they definately WERE an international school), but had a funny way of running things where by no organisational structure was applied at all.
I ended up paying my way out by opting to leave asap & didn't mention anything to my new employer.
Hope things work out for you :)

(I am based in Hong Kong)

Posted by In4fun21 (423 days ago)

The contract is pretty Mickey Mouse as I learnt when they refused to pay for my sick leave being over 3 days.I had pneumonia and was hospitalised I received 4/5ths of two days sick leave explanation being that I only had five days per annum and the rest would have to be leave without pay.
And there is a clause in the contract which states that I have to compensate them if I break the contract before a year three month's salary,recruitment fee,visa costs and that's a lot of money to have to pay them immediately.
I really just want to leave asap as the situation is becoming impossible with this person who has been asking all my colleagues questions about my personal life which I find totally inappropriate for a boss to ask.
So this is a complicatd situation to get out of.

(I am based in Hong Kong)

Posted by momo8.. (417 days ago)

Not a nice situation to be in but as someone else said it's not the first time someone has been taken for a ride and in need to break a contract.
Checking these so called 'International Schools' out is important.
BTW how do you contact the Labour Department in case I should ever need them?

(I am based in Hong Kong)

Posted by In4fun21 (400 days ago)

I have another question.Is it illegal not to be able to deposit cheques?

(I am based in Hong Kong)

Posted by GreenValleys (400 days ago)

In4fun21:
What do you mean? Has someone given you a post-dated cheque (which is worth nothing until the date has been reached), or has someone given you a cheque and forbidden you from banking it???

momo8:
Go to the HK SAR government website, and from there to the Labour Dept site where you'll find all the contact details plus a whole lot of other useful information re employment laws.

(I am based in Jakarta)

Posted by In4fun21 (399 days ago)

Hello GreenValleys,

Yes postdated cheques that are past the date and have bounced from that iffy school in my original problem.Anything one can do?

(I am based in Hong Kong)