Kammekor wrote: ↑Sat Aug 06, 2022 5:57 pm

BleedingBlue wrote: ↑Sat Aug 06, 2022 5:52 pm

Kammekor wrote: ↑Sat Aug 06, 2022 5:41 pm

BleedingBlue wrote: ↑Sat Aug 06, 2022 4:42 pm Said contract stipulates that she would be on a 3 month probation period and that if she decides to end the contract before the end term (2 year contract), she would be liable to pay the employer one month's salary.

My gut feeling tells me the one month punishment only is activated after the probation period. The employer guarantees two years of work (OK, 21 months after probation) but wants a security in return too.
The full contract with all its' obligations should only start after said probation.

That’s what I’m also led to believe but she mentioned this today and the HR guy said ‘read the contract, it only says probationary period is 3 months, nothing else’ ie no definition of what the probation period entails

https://prake.org/labour-law/employment-security

There's your answer.

Kammekor wrote: ↑Sat Aug 06, 2022 5:28 pm

BleedingBlue wrote: ↑Sat Aug 06, 2022 4:42 pm Hi all,
I know there are no experts on Cambodian labour law here (or maybe there is who knows) but I'd appreciate any anecdotal advice you may have.
My partner started at a school on Monday and after experiencing the shitshow that it is, decided to leave. She has secured a new job at a reputable school here.
Now, the contract she signed for the first school, she has broken. Said contract stipulates that she would be on a 3 month probation period and that if she decides to end the contract before the end term (2 year contract), she would be liable to pay the employer one month's salary.
She worked there this week. They have not made any attempt to get her details to pay her for this week.
She broke the contract during the probation period.
She had a meeting with HR today who told her she either pays the one month salary or works for them for one month for free.
Basically, I want to know if we'll get away with not giving them any money and how likely it is there will be consequences should we not pay them?
I personally think the probation period negates everything else but I know nothing about how things work here.
Again, would just appreciate any experiences you may be able to relate to this one.
Thanks

Maybe open another thread under another nickname, and mention the school to warn others to sign up there?

violet wrote: ↑Sat Aug 06, 2022 5:14 pm I thought first school had to remove a teacher from their official quota in order for another school to add that Person to their quota? Or I may be thinking about something connected to the work visa - been awhile so mixed memory.

If something like that is the case, the first school may delay that process

IraHayes wrote: ↑Sat Aug 06, 2022 6:22 pm And where did she move to if you don’t mind me asking?

Jerry Atrick wrote: ↑Sat Aug 06, 2022 7:41 pm

BleedingBlue wrote: ↑Sat Aug 06, 2022 6:10 pm

Kammekor wrote: ↑Sat Aug 06, 2022 5:57 pm

BleedingBlue wrote: ↑Sat Aug 06, 2022 5:52 pm

Kammekor wrote: ↑Sat Aug 06, 2022 5:41 pm

My gut feeling tells me the one month punishment only is activated after the probation period. The employer guarantees two years of work (OK, 21 months after probation) but wants a security in return too.
The full contract with all its' obligations should only start after said probation.

That’s what I’m also led to believe but she mentioned this today and the HR guy said ‘read the contract, it only says probationary period is 3 months, nothing else’ ie no definition of what the probation period entails

https://prake.org/labour-law/employment-security

There's your answer.

Have already read this;
During probation, employer must cover the travelling cost of the worker employed far from his/her residence. An employment contract can be terminated by either of the parties without giving any notice during the probationary period or an apprenticeship period specified in the contract.

But here it doesn’t state that the probation period nulls the other expectations within the contract, if that makes sense

It doesn't matter what the school contract says - the prakas on the labour law is the important bit

HR roles are known to attract manipulative and coercive types as the job description suits those traits; there's a probability that this HR person has grown used to trying to bully leavers into giving them some cash - but yeah, they don't have a leg to stand on here

Phnom Krom wrote: ↑Sat Aug 06, 2022 8:50 pm If I may interject, and please adjust percentages, there is a 90% chance HR (any employee at all companies in Asia) will keep 50+% of any corruption monies received with the remainder to be shared amongst the higher chain.