Breaking work contract

Ask us anything. Cambodia Expats Online has a huge community of long-term expats that can answer any question you may have about life in Cambodia. Have some questions you want to ask before you move to Cambodia? Ask them here. Our community can also answer any questions you have about how to find a job or what kind of work is available for expats in Cambodia, whether you're looking for info about Phnom Penh, Siem Reap, or anywhere else in the Kingdom. You're also welcome to ask about visa and work permit questions as well, as the immigration rules change often, especially since COVID-19. Don't be shy, ask CEO's community anything!
BleedingBlue
Expatriate
Posts: 33
Joined: Thu Mar 17, 2022 9:57 pm
Reputation: 4
Great Britain

Breaking work contract

Post by BleedingBlue »

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
User avatar
Jerry Atrick
Expatriate
Posts: 5440
Joined: Sat May 17, 2014 4:19 pm
Reputation: 3052
Central African Republic

Re: Breaking work contract

Post by Jerry Atrick »

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
There will be no consequences whatsoever and the school won't pursue it very far

Don't even entertain this nonsense would be my advice - meeting with HR was a bad move; don't do it again
BleedingBlue
Expatriate
Posts: 33
Joined: Thu Mar 17, 2022 9:57 pm
Reputation: 4
Great Britain

Re: Breaking work contract

Post by BleedingBlue »

Jerry Atrick wrote: Sat Aug 06, 2022 4:50 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
There will be no consequences whatsoever and the school won't pursue it very far

Don't even entertain this nonsense would be my advice - meeting with HR was a bad move; don't do it again
Appreciate the comment Jerry, will go ahead and block them.
User avatar
violet
Expatriate
Posts: 2452
Joined: Fri May 23, 2014 3:48 pm
Reputation: 1322

Re: Breaking work contract

Post by violet »

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
Despite what angsta states, it’s clear from reading through his posts that angsta supports the free FreePalestine movement.
Tootsfriend
Expatriate
Posts: 1207
Joined: Sun Nov 01, 2020 9:36 am
Reputation: 526
Australia

Re: Breaking work contract

Post by Tootsfriend »

Me. I would work for one month for free, teaching the kids 1+1= 5.
User avatar
Kammekor
Expatriate
Posts: 6430
Joined: Fri Sep 01, 2017 12:50 pm
Reputation: 2932
Cambodia

Re: Breaking work contract

Post by Kammekor »

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?
User avatar
truffledog
Expatriate
Posts: 1660
Joined: Sat Mar 07, 2020 4:54 am
Reputation: 1029
Italy

Re: Breaking work contract

Post by truffledog »

BleedingBlue wrote: Sat Aug 06, 2022 4:42 pm
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?

Thanks
I would never pay a cent to any organization if I think they are running a shit show as you said. You must have eveidence. Use it cleverly. Hitting their "reputation" is where they are suffering the most.
work is for people who cant find truffles
User avatar
Kammekor
Expatriate
Posts: 6430
Joined: Fri Sep 01, 2017 12:50 pm
Reputation: 2932
Cambodia

Re: Breaking work contract

Post by Kammekor »

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.
BleedingBlue
Expatriate
Posts: 33
Joined: Thu Mar 17, 2022 9:57 pm
Reputation: 4
Great Britain

Re: Breaking work contract

Post by BleedingBlue »

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
User avatar
Kammekor
Expatriate
Posts: 6430
Joined: Fri Sep 01, 2017 12:50 pm
Reputation: 2932
Cambodia

Re: Breaking work contract

Post by Kammekor »

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.
Post Reply Previous topicNext topic
  • Similar Topics
    Replies
    Views
    Last post

Who is online

Users browsing this forum: Amazon [Bot], Apexisto, Bing [Bot], Jaas, khmerhamster, Province, PSD-Kiwi, WildAlaskaKen and 469 guests