[PorkChop]

Hi All,
I really need all your advice with this one.
I came to HK 8 months ago - had secured a job over the phone teaching, had provisional contract emailed to me before I left home etc. Anyhow, got to HK - really loved the job. Nice people etc. However the last couple of months the company has had a big turn around and its really not a nice place to work. I have copped a lot of slack for things that I consider to be unfair. One thing - I had a complaint about my dress sense that it was too "sexy" - but I was informed as to who this complaint came from and it turned out to be a jealous teacher. 2. Parents have been looking through the window of my classroom (this is the norm at my school) however they cannot hear what happens inside class, and made formal complaint that I had no classroom management skills, and asked the company what they were employing me for. LET ME EXPLAIN THE SITUATION AS I EXPLAINED TO MY EMPLOYER - I teach very young children, and in this particular class I had three 4 year old girls (no assistant) running around the classroom. Their English is very limited and they would not obey any instruction. So I stood at the end of my table watching them for about 10 seconds. I watched them for 2 reasons - 1. To see if they would realise I was waiting for them. 2. To think "what am I actually going to do here?" the parent looked in window while I was standing. Hence - after complaint was made I recieved a formal warning letter stating that I had violated the contract (it says in the contract that if there are sufficient complaints from colleagues or parents that the company has teh right to instant dismissal), but instead I got issued a warning letter (personally I think it's bollocks for the reasons they gave me a letter). Then they intimidated me in the managers office and compared my numbers against other teachers (some who are close friends), saying that they are gaining less revenue from me compared to other teachers. They suggested I go on a "bonus" scheme instead of a fixed salary (which I have infact signed for 2 years) which would mean I would be on a VERY LOW base wage and the rest of the money would be earnt as bonuses (an amount of money per child that I teach). I turned this offer down, as I thought it was derisory. THEN.....I thought it was best to hand my notice in - so...I went and got myself a new job (which starts in Aug) and handed in 1 month resignation. HOWEVER....the contract I have signed stipulates 3 months resignation period, and so I changed my resignation to 3 months; however stated that it would be in best interets of employer and employee to let me go ASAP. So...in the meantime, I have been threatened with lawyers, because if I walk out before they "let me go" then I owe them (as in contract) money for the ammount of time I have not worked during resignation period. However, there are ways around this and I am sooooooooooo utterly unhappy here now that I don't really care if they chase me for the money or not - I can deal with it. So I am also worried that they wont pay me for this month. I am not sure if they can do that. I am basically at the stage now where i want to walk today. I know my visa will be fine - have already investigated - current employer cancels my current one and my new employer has agreed to sponsor me for new one.
WOW - THIS IS SO MUCH. SOMEONE GIVE ME SOME ADVICE. WHAT AM I FACING HERE???

[Darkangel]

Hi my friend,
You have few options:
(1) negotiate with your current employer for early release without paying in lieu of notice ( even though i feel it's not possible)
(2) Discuss with your future employer if they are willing to pay the notice period for you so that you could start work early
(3) Pay the notice period and get out of there

In fact in many mnc they have the notice period clause written in the contract. It is not that you don't have the options, just that the option you want to have is expensive hence not favourable.

Your last resort is to discuss with your future employer and see if they are willing to pay for you to start work early with them. If fails, then you can consider to stay around with fear or simply pay them off to have a good start with the new company.

Good luck!

[PorkChop]

Hi Darkangel,
Thanks for those tips!
I forgot to mention in my original post that my new employer has said I can start work before set date in contract if I want, so that is always a possibility.
I just want to come out without a scratch because I don't want to sound like I'm a goody goody, but seriously I think that what they are accepting as complaints is bull - and they say they were supporting me with the new bonus thing if I took it because I would have been able to show how good my teaching is (or is not as they think). However, I don't feel supported at all.

[freeier]

i think the way you handled it is not legally smart. shldn't have accepted a job that start before your resignation period ends.

but certain things are emotional and human are emotionally affected, so whatever has happened has happened. whatever they say, unless u have paper proof that they agreed to let you leave before 3 months, u can't really win any case.

so recommendation is, if u can't get them to negotiate an early release, just finish the 3 months of the contract and do what u have to.

[PorkChop]

Hi,
Yeah I totally agree - looking back it really was not legally smart; however emotionally I am a wreck and I honestly have never been this unhappy in a workplace in my life.
Ultimately - my current employer know that I have another job to be at by a date in Aug. They said I had to go by company policy and give 3 months notice; however also that they would try to get me out once all my classes can be covered.
Basically, I can see myself with a few choices choices here (because Im so not staying for 3 months - espeically since nice new job is starting).
Choice 1 : Just leave now. I will have to forfeit money that I'm owed so far this month; but will be able to start at new job. However will prob have to pay current company money.
2. Leave at end of month with cheque (that is so dodgy I know!!! God I'm sorry!!!) and then see if company chases me for money.
3. Leave at end of month if they don't pay me - but then hopefully that would give me legal ground not to have to pay them money in lieu.
Any comments????
You all have to forgive me for being so bloody cut throat about this.

[pistachico]

It may be really difficult, but you could postpone the starting date of your new job and try to stick it out for the last 3 months. Therefore you will be entitled to all your salary and won't get into any legal wrangles.

The chances are your current company will grow sick of having you around for so long, that in the end they'll ask you to leave before the resignation date. In which case you're in the right, and you can probably come come to some sort of agreement. It's kind of a bluff, but it could work. You could just pretend to them that you're prepared to wait 3 months.

It seems perfectly clear that they want you to leave but they don't want to compensate you - seeing as they gave you the warning - but didn't fire you. They want you to leave AND pay them as well! Nasty bunch.

It seems to me that they have done lots of things wrong, whereas you haven't. If you can stay strong and hang in there, then you have the upper hand. Sounds like you are being bullied. Just ignore the management and other teachers, and teach the best you can!

[Mat]

If money is not an issue for you you could as well pay back one or 2 month of your notice.

[Meriadoc]

You could try a variance on an old theme. (obviously check your contract carfeully before doing anything like this)

First is to say you are going to a competitor and then if they then demand you stay out of your leave period, just spend your break periods photocopying stuff. Doesn't matter what, perferablly something innocent, but should get them paranoid. If that doesn't work, carefully escalate....arrange a student picnic, maybe?

[PorkChop]

Wow!! Thanks everyone - you are such a helpful bunch!!
Yes, you are right I am being bullied and threatened into staying, but ultimately its just the money thing that keeps people here (having to pay back money in lieu). However, I'm lucky to have support for that so I just have to play it smart for myself I think.
Thanks all!!!!