[smerchas]

Hi, I need some urgent advice

I want to move teaching jobs, but according to my contract, I have to give 3 months notice or pay for the months which I dont work. I cannot do this as my new employer need me to start at the end of March. My current company also say I have to pay 3 months visa costs back if I leave within a year. (even though it cost them nothing to apply for my visa) I've been with the company less than 3 months. Does anyone know if I have any rights? I believe they are in breach of contract, but unsure if that will be enough.

thanks

[HKChigger]

Read your contract. See what rules apply overall and then see which rules are excluded in the first three months. If it says one week notice or one month notice in first three months by either party to term. contract than you are off the hook salary wise. Give them the week or month and leave, same with visa fee, although there really shouldn't be a fee unless they used an agency to apply. (Visa cost is $160 per year per job in the case of work visas from Immigration, which I am sure you are happy to pay)

[smerchas]

HKchigger,

Thanks so much for your comments. I've checked and rechecked my contract, it says I have to give three months notice. I'm over my probabtion period of 30 days, so looks like I'm stuck. There is no way I can pay nearly half a years salary just to get out of a job I hate..!! It's ridiculous..!!! Must be a loop hole somewhere.!!

[DavidHK]

It is always possible to talk to your employer to see if a deal can be struck. It may be that they would be happy to see you go without having to pay you serverance.

There are costs to the employer to arrange your visa. Someone has to fill in forms, arrange letters and package it off to Imigration. This takes time and therefore costs money.

[gozilla]

smerchas

if you have signed the contract, that means you have accepted the terms which you must abide.

[smerchas]

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?

[smerchas]

Hi Gozilla,

Even if I believe they are in breach of this contract?

Maybe I need to talk to a solicitor?

[jimbo]

Originally Posted by smerchas

Even if I believe they are in breach of this contract?

Maybe I need to talk to a solicitor?

How can they be in breach of a contract you willingly signed?

[smerchas]

Because the job contract I signed and agreed to, is not the job I've ended up doing, hence they have not carried out what is in the contract. I'm sure there is a term for it, but not being a solicitor wouldn't know.

[aquarella]

Does your contract have a job description? If your current responsibilities don't match you may have a way out...