Jerry Atrick wrote: ↑Wed Aug 10, 2022 5:45 pm

BleedingBlue wrote: ↑Wed Aug 10, 2022 5:32 pm I posted the other day about some bother my partner is in with ELT Institute / Berkely International School. She left the school after a week (during the probation period) and there is the following clause in her contract:

The premature termination of the contact, by the will of the employee alone, the company is entitled to one-month salary and other benefits that was granted during the contract and all damages.

We told them we would pay back the fee for the visa and work permit minus the salary she is owed. We got this response:

"Your 5 days working cannot be deducted from the visa and work permit fee and you must compensate the full amount. What we can do is reduce it from your 1 month damage compensation.
Please settle the visa / permit fee by Monday 4:00pm.
If you don't have a sole responsibility and willingness to settle that 1 month damage, what we will do are as follows:
1. Contact your new employer if necessary (new school already knows the situation so no worries there)
2. Settle this case in front of the Dept. of Labor
3. Further legal steps.
We hope you fully understand the consequence. Thank you.

So, seems like they seriously want to pursue her for their corrupt pockets. Any suggestions as to what to do next?

I didn't recall you mentioned they had paid for her visa and wp in the first post (maybe you did).

So, just settle for visa and WP by Monday 4pm and tell them fuck off

OR

get mired down in an entanglement of wp fees and one month salary payback

Technically, according to the law you are not liable to them for the salary BS

Please settle the visa / permit fee by Monday 4:00pm

- do this, chalk the week of lost salary to experience

Is it still the owners fat kid running things?

But, as they paid prob almost $400 to sort wp and stuff it changes things a little

Jerry Atrick wrote: ↑Wed Aug 10, 2022 5:45 pm But, as they paid prob almost $400 to sort wp and stuff it changes things a little

IraHayes wrote: ↑Wed Aug 10, 2022 5:54 pm

Jerry Atrick wrote: ↑Wed Aug 10, 2022 5:45 pm But, as they paid prob almost $400 to sort wp and stuff it changes things a little

Indeed, pay for the wp + visa and put the 1 weeks work you did down to experience. Also, since your new school is aware of the situation the inferred threat of informing them will land on deaf ears by the sounds of things. Have you sought their advice btw? They might be your greatest ally in all this.

BleedingBlue wrote: ↑Wed Aug 10, 2022 5:53 pm I might not have mentioned it actually but we were always willing to pay that back, no problem.

Kammekor wrote: ↑Wed Aug 10, 2022 6:22 pm

BleedingBlue wrote: ↑Wed Aug 10, 2022 5:53 pm I might not have mentioned it actually but we were always willing to pay that back, no problem.

You (conveniently?) didn't mention they paid for the paperwork / visa, nor did you mention the intention to reimburse the school, but this is a game changer of course. You can't expect an employer to cough up serious money for paperwork you can use elsewhere too and then run off after a week because it suits you and the place is a disorganized shit hole in your opinion. Apparently they're well enough organized to arrange the paperwork for their employees in time.

The school might have a firmer position than you initially painted. Not only did they pay for all that paperwork upfront, they also made the effort to organize it all in time. What about your visa? You organized it by yourself, or did you somehow profit from your partner's position as well by obtaining a B-extension because you're the accompanying partner?

Freightdog wrote: ↑Wed Aug 10, 2022 7:16 pm

Kammekor wrote: ↑Wed Aug 10, 2022 6:22 pm You can't expect an employer to cough up serious money for paperwork you can use elsewhere too and then run off after a week because it suits you and the place is a disorganized shit hole in your opinion. Apparently they're well enough organized to arrange the paperwork for their employees in time.

I wouldn’t advise being too assertive in defence of ELT. They may appear to have some of their shit together, but not necessarily where it counts.

BleedingBlue wrote: ↑Wed Aug 10, 2022 6:29 pm Well you're pleasant.
I stated we are willing to pay back the fees regarding the visa and permit because that is what is in Cambodian law, that the employer is entitled to damages incurred. Fine.
Our issue is with the clause regarding paying them a month's salary back.
I got my own job/visa sorted thanks but glad you are so interested!
- Apologies for my tone. Currently running worst case scenarios through my head.