A question for Labor law lawyers
A question for Labor law lawyers
Is a clause in a contract stating a 20% reduction in salary if online teaching happens again legal?
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This site is crawling with lawyers specialising in labour law.
I feel sorry for you having to sift through the dozens of responses you will undoubtedly receive full of legalese.
I’m not a lawyer. But if you don’t like it, then don’t accept the job.
Even if is illegal, do you really want the hassle and expense of legal issues for something that you are probably unlikely to win.
But, I’m not a lawyer.
I feel sorry for you having to sift through the dozens of responses you will undoubtedly receive full of legalese.
I’m not a lawyer. But if you don’t like it, then don’t accept the job.
Even if is illegal, do you really want the hassle and expense of legal issues for something that you are probably unlikely to win.
But, I’m not a lawyer.
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You're the barang, aren't you?chateupoop wrote: ↑Sat Aug 27, 2022 11:38 amIs a clause in a contract stating a 20% reduction in salary if online teaching happens again legal?
Of course it's legal.
To be fair your outgoings and time spent commuting is probably more than 20% so I’d say that’s a good deal!
pew, pew, pew, pew!
Technically no this is not permitted - but since when did schools ever pay attention to labor laws in this country?chateupoop wrote: ↑Sat Aug 27, 2022 11:38 amIs a clause in a contract stating a 20% reduction in salary if online teaching happens again legal?
This is just scratching the surface when it comes to Labor Law complience in schools in this county, but then again the schools will hire any old unqualified shitbag, so just be thankful you have a job you whiney prick and move on.
Many major employers in the U.K. are now offering workers the choice to work from home permanently in exchange for a 20 percent pay cut. I know one person who is taking that up and is going to move to Spain and work from there.
Free legal speculation.
Except in war zones, Force Majeure clauses were almost never on the first or early pages of contracts pre Covid-19. Now, in all kinds of agreements, they very often are. Get used to them.
You can ask to alter wording so it protects both parties, but they aren't likely to drop it.
Speaking of private schools in Cambodia, I have noticed many have added such clauses on their "Fees" pages. Saying refunds will not be given if schools are closed due to Pandemics or other 'acts of god'. Almost all schools now have more detailed writing concerning if/when refunds will be given and what % might be offered.
Most schools can now switch quite seamlessly from classrooms to online, and virtually all collect tuition fees in advance, so it seems unfair to immediately reduce teacher salary/wages. However, online is a poor substitute for many students & parents, so any NEW enrolment is likely to be at least 30% lower. So, when new enrolment time rolls around, Schools forced to use online only will cut salary or paid hours somewhat. If the contract clearly states your take home pay will only decrease by 20% under forced classroom closure, I'd say that is certainly fair. Many/most expat teachers in Cambodia lost a lot more earnings than that through the Pandemic. (Of course, most private schools, like most businesses, also lost far more than 20% through the pandemic.)
In Cambodia, no one expects forced Covid-19 closures in the near future, but expect to see careful (-ish) wording in most written agreements.
Except in war zones, Force Majeure clauses were almost never on the first or early pages of contracts pre Covid-19. Now, in all kinds of agreements, they very often are. Get used to them.
You can ask to alter wording so it protects both parties, but they aren't likely to drop it.
Speaking of private schools in Cambodia, I have noticed many have added such clauses on their "Fees" pages. Saying refunds will not be given if schools are closed due to Pandemics or other 'acts of god'. Almost all schools now have more detailed writing concerning if/when refunds will be given and what % might be offered.
Most schools can now switch quite seamlessly from classrooms to online, and virtually all collect tuition fees in advance, so it seems unfair to immediately reduce teacher salary/wages. However, online is a poor substitute for many students & parents, so any NEW enrolment is likely to be at least 30% lower. So, when new enrolment time rolls around, Schools forced to use online only will cut salary or paid hours somewhat. If the contract clearly states your take home pay will only decrease by 20% under forced classroom closure, I'd say that is certainly fair. Many/most expat teachers in Cambodia lost a lot more earnings than that through the Pandemic. (Of course, most private schools, like most businesses, also lost far more than 20% through the pandemic.)
In Cambodia, no one expects forced Covid-19 closures in the near future, but expect to see careful (-ish) wording in most written agreements.
That’d be a right pain in the A hole as officially he won’t be working for a Spanish company and he’ll have to leave every 90 days.Guest wrote: ↑Sun Aug 28, 2022 5:09 pmMany major employers in the U.K. are now offering workers the choice to work from home permanently in exchange for a 20 percent pay cut. I know one person who is taking that up and is going to move to Spain and work from there.
Unless Spain do a remote working visa, or something.
Brexit, init.
Just Googled it. Yep, it’s not straight forward. No digital nomad visas, plus €27k in the bank, business plan etc etc. fuck that!
(Unless he’s not British)
pew, pew, pew, pew!
YaTingPom wrote: ↑Sun Aug 28, 2022 11:20 pmThat’d be a right pain in the A hole as officially he won’t be working for a Spanish company and he’ll have to leave every 90 days.Guest wrote: ↑Sun Aug 28, 2022 5:09 pmMany major employers in the U.K. are now offering workers the choice to work from home permanently in exchange for a 20 percent pay cut. I know one person who is taking that up and is going to move to Spain and work from there.
Unless Spain do a remote working visa, or something.
Brexit, init.
Just Googled it. Yep, it’s not straight forward. No digital nomad visas, plus €27k in the bank, business plan etc etc. fuck that!
(Unless he’s not British)
You’re wrong. They gave something called the non-lucrative visa which doesn’t allow you to work for Spanish companies but does allow you to work remotely for overseas companies.
You need to show 26k euro in your account, which is no major problem for most.
Year long visa, renewable for two years and after having it for five years you can apply for permanent residency.
So you rail against non-compliance by schools, but then assume I'm unqualified (and old) and turn it against people who want legal compliance?LegalSchmeegol wrote: ↑Sun Aug 28, 2022 12:54 pmThis is just scratching the surface when it comes to Labor Law complience in schools in this county, but then again the schools will hire any old unqualified shitbag, so just be thankful you have a job you whiney prick and move on.
I've met many unqualified shit-bags with better spelling and punctuation skills than you, by the way.
I suspect if you were deprived of 20% of your income via non-legal means, you'd have plenty to say about it.
€26k?Guest wrote: ↑Sun Aug 28, 2022 11:29 pmYaTingPom wrote: ↑Sun Aug 28, 2022 11:20 pmThat’d be a right pain in the A hole as officially he won’t be working for a Spanish company and he’ll have to leave every 90 days.Guest wrote: ↑Sun Aug 28, 2022 5:09 pmMany major employers in the U.K. are now offering workers the choice to work from home permanently in exchange for a 20 percent pay cut. I know one person who is taking that up and is going to move to Spain and work from there.
Unless Spain do a remote working visa, or something.
Brexit, init.
Just Googled it. Yep, it’s not straight forward. No digital nomad visas, plus €27k in the bank, business plan etc etc. fuck that!
(Unless he’s not British)
You’re wrong. They gave something called the non-lucrative visa which doesn’t allow you to work for Spanish companies but does allow you to work remotely for overseas companies.
You need to show 26k euro in your account, which is no major problem for most.
Year long visa, renewable for two years and after having it for five years you can apply for permanent residency.
I don’t know many with that much cash sitting doing nuffink. It’s pretty much either invested or near on empty! (Although I do know someone who spent his last wad on an BMW S1000R so his ex couldn’t get it!)
Not exactly hassle free though is it, which was my point.
Brexit smexit.
pew, pew, pew, pew!
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Most what? I think you must move in different circles to most people. Even a lot people on high incomes don’t necessarily have that lying around in cash.Guest wrote: ↑Sun Aug 28, 2022 11:29 pmYou need to show 26k euro in your account, which is no major problem for most.
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Yeah most probably don’t but given that this is a pretty significant lifestyle change surely many could gather up the requisite funds within a few weeks by liquidising some assets.nerdlinger wrote: ↑Mon Aug 29, 2022 11:49 amMost what? I think you must move in different circles to most people. Even a lot people on high incomes don’t necessarily have that lying around in cash.Guest wrote: ↑Sun Aug 28, 2022 11:29 pmYou need to show 26k euro in your account, which is no major problem for most.
Current savings + sell a car would get close to the required amount surely.
Or is everyone really living on the bones of their arse?
If you can’t scramble together 20k in a month then the scheme is maybe not for you.
ផោមក្លិនស្អុយ wrote: ↑Mon Aug 29, 2022 3:40 pmYeah most probably don’t but given that this is a pretty significant lifestyle change surely many could gather up the requisite funds within a few weeks by liquidising some assets.nerdlinger wrote: ↑Mon Aug 29, 2022 11:49 amMost what? I think you must move in different circles to most people. Even a lot people on high incomes don’t necessarily have that lying around in cash.Guest wrote: ↑Sun Aug 28, 2022 11:29 pmYou need to show 26k euro in your account, which is no major problem for most.
Current savings + sell a car would get close to the required amount surely.
Or is everyone really living on the bones of their arse?
If you can’t scramble together 20k in a month then the scheme is maybe not for you.
Precisely my point. If you’re in the kind of professional job that this is possible and you can’t rustle up 20k then youre doing something wrong. It’s not like it’s a fee - it stays in your account. It’s insurance.
What’s the difference between that and the Thai government requesting 800k in an account for retirement visa?
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