Non-contractual 'understandings' and changes

clarita
Posts: 6
Joined: Fri Jan 12, 2018 3:58 pm

Non-contractual 'understandings' and changes

Post by clarita »

Hi
I accepted and signed a contract a few months ago. At the time I queried certain aspects of that contract and received assurance that the school is flexible and accommodating where possible and does its best for the staff.

Now some changes have become evident and it seems that, precisely in the key areas I asked about, there is not so much flexibility at all. At the moment there is intransigence and this is being blamed on having already put in place certain arrangements which I had raised concerns and doubts about at the time. Had my concerns been taken into account at the time, those arrangements would not have been made and the current situation would have an easy solution.

I feel like this is a Big Red Flag. Maybe I will feel differently in a day or two but right now I feel as though travelling across the globe to work for a company which promises one thing and delivers another, which ignores concerns raised, would be a huge mistake, particularly in Covid times when moving on or moving out might not be so easy. If I back out now, I will feel very bad about it. On the other hand, if I get there and find this is typical behaviour, I will feel bad for not having heeded warning signs before travelling and will be stuck there.

The school is part of a big organisation so, if I withdrew now I'd be finished with them for ever. On the other hand. would I want to work for the same organisation anyway given the issues with trust I'm having now?

Any advice gratefully received.
PsyGuy
Posts: 10789
Joined: Wed Oct 12, 2011 9:51 am
Location: Northern Europe

Response

Post by PsyGuy »

What are your options?

If you withdraw your acceptance of the contract what are you going to do? Do you have other opportunities available or is your option essentially resuming a job search?
If you go and turns out the issue is just one symptom of many problems, what are your options? Do you just pull a runner as soon as you can?
If your options amount to 'job searching', there is nothing stopping you from doing so now and then examining your options later as it gets closer to departure. If you burn that bridge now without a viable option your just making it harder on yourself than if you burn it when youre in a better position. It doesnt matter when you withdrawal from the contract sooner or later youre still not going to be able to come back to that IS or its chain. You may as well do so when youre in a better position.

Right now you have a lot of unknowns. Of those you have two types, those you have some measure of control over and those you dont. You want to maximize the ones you have control over, potentially increasing the amount of control and minimize as best you can the ones you dont.
1) You have control over going or not going.
2) You have control over finding a new or another job.
3) You have control over advocating for yourself with the ISs leadership.
4) You have control over when and how to inform the IS if you choose not to go.
5) You have control over your feelings and your actions to comply or not with directives of your ISs and its leadership.
6) You dont have control over how they will respond to your advocating.
7) You dont have control over conditions and terms beyond the point that you would rather quit than perform to their expectations.
8) You dont have control over contract interpretations. Contracts really mean nothing, nor does any understanding or conversation outside the contract. Either you will acquiesce to the IS or you will persuade them to your position. What you cant do is work professionally with an employer working on diverging pathways of duties and tasking. At some point one of you has to draw a line in the sand and its either your way or their way. You can control your reaction and response not theirs.
9) You may not have control over your ability to depart the region should you decide to leave. Once in country your options for leaving may change without notice or warning and you could find yourself without a viable exit plan.
10) You dont have control over their actions and feelings.

Forget about your feelings, put the emotions in a jar and put the jar in a cabinet out of the way. What path forward puts you in the best position? Thats all that matters really. Right now your reacting in a vacuum. You need to explore what happens after youve reaction and how youre going to respond.
secondplace
Posts: 191
Joined: Thu Apr 14, 2016 12:40 pm

Re: Non-contractual 'understandings' and changes

Post by secondplace »

Any conversations with the school will come back to what is in the contract.

Which you signed.

So, that's what they and you agreed to. If you're really unhappy with it then now is probably the time to back out but there could be consequences to that.

But would you rather work there under conditions you don't like or deal with the possible fallout?
clarita
Posts: 6
Joined: Fri Jan 12, 2018 3:58 pm

Re: Non-contractual 'understandings' and changes

Post by clarita »

Thank you both - those are exactly the kind of questions I've been asking myself and it helps to hear/read them from others.

FWIW, while this 'understanding' isn't in the contract itself, it was part of the offer, which was reworded to cover it.

Yes, my option will be back to a job search but it's perhaps better to do that now rather than wanting to start after 6 months or a year in post.

These are strange times. I've worked overseas for many years and in many different places but the current situation makes it feel much more of a risk this time round and I feel much more warier than I have in the past.

I will keep thinking and keep talking to the school about this to see if there is a way around it.
PsyGuy
Posts: 10789
Joined: Wed Oct 12, 2011 9:51 am
Location: Northern Europe

Discussion

Post by PsyGuy »

@secondplace

Thats not true, thats bunk. Many ISs during the pandemic cut salaries in contracts that had no provision for the IS to do so. Those ITs dodnt "agree" as you state to that loss of coin.

@clarita

Many ITs have this misunderstanding you expressed, even Career class ITs. The offer is the contract, not the conversation (and the conversation can be verbally or written in an email, or in person, etc.). Anything you discuss thats not in the contract, didnt happen and doesnt exist. Its spectacle rhetoric.

It may be better, but in times of COVID it may not. If the IS is getting you into an otherwise sheltered or restricted region (such as China) getting in and then job searching locally may be far, far better an opportunity for you. There are ITs who would never consider ET accepting ESOL positions with partners recruiting for Chinese regulated DSs (that can provide a PU letter) for the sole intent of getting there and then switching to an IS once they have their resident permit.
secondplace
Posts: 191
Joined: Thu Apr 14, 2016 12:40 pm

Re: Non-contractual 'understandings' and changes

Post by secondplace »

@psygy

But you agree with the point that the school won't give or provide anything beyond what is in the contract.

And in this case that's the important point.

x
clarita
Posts: 6
Joined: Fri Jan 12, 2018 3:58 pm

Re: Non-contractual 'understandings' and changes

Post by clarita »

Ah, thank you, I'm well aware of the difference between contractual and non-contractual, which is why it matters so much that you can trust an organisation to honour its (written) word and why I raised the question. Had this been a contractual breach then I'd have had no hesitation about insisting or withdrawing.

It may be that they had no intention of honouring this 'agreement' and simply said it to get me to sign. However, I'd like to think that they genuinely intended to keep to their word and for some oversight or admin glitch it's been forgotten.

If the first, then I'm not inclined to cross the globe during a pandemic to work for them. If the second, they will do what they can to remedy it now.

We will see.
sid
Posts: 1392
Joined: Sat Dec 02, 2006 11:44 am

Re: Non-contractual 'understandings' and changes

Post by sid »

I was once in your exact position. An important (to me) concession had been agreed to during negotiations with my future boss, and then I found out the larger organization had no clue about it, and no intention to honor it. It was fixed through a quick call with my boss, who took responsibility and got it fixed. I got what I was promised. Sometimes things get overlooked during the recruiting season, people are human and it happens.
Interesting note, several years later that boss had long moved on, and someone in hr noticed I was getting this concession. When I wasn’t able to produce any written evidence, and no one was left to attest that I was officially meant to be getting it, it was taken away from me. Bummer. This was back in the day, I suppose, when phone calls were more frequent than emails. But the experience did contribute to my habit of keeping every bit of documentation that I might want someday.
PsyGuy
Posts: 10789
Joined: Wed Oct 12, 2011 9:51 am
Location: Northern Europe

Discussion

Post by PsyGuy »

@secondplace

Thats not the most important point. relationships including working and professional relationships rarely amount to consulting the contract as if it is stone slabs of commandments.
The IS may very easily and readily go beyond the contract stipulations depending on the ask. We dont know what th ask is in this case. It may very well come down to a line in the sand and the IS may not budge further and the LW will have to make a decision that amounts to staying or leaving. There may be other options.

@sid

Another leader acting as an apologist to. An IS promises something, then arbitrarily takes it away as if its somehow the ITs responsibility to prove entitlement and not the ISs obligation to demonstrate that the IT isnt entitled to it, and then finishing off with a everyones human and its a "bummer" that an IS gets to cheat its faculty, because thats what leaders do, create excuses rather than defend integrity.
Illiane_Blues

Re: Non-contractual 'understandings' and changes

Post by Illiane_Blues »

Last time I negotiated an exception I was sure to get it all in writing.
Leadership moves on and promises made will disappear with them. Friend of mine learned that the hard way.
PsyGuy
Posts: 10789
Joined: Wed Oct 12, 2011 9:51 am
Location: Northern Europe

Discussion

Post by PsyGuy »

Not that getting an exception in writing means very much. So you can demonstrate that at one time a leader granted some exception, it doesnt mean a new leader or the same leader cant undo the exception later. "Sorry we no longer can give you an exception to X", they can apologies and blame it on ownership but theres little an IT can do about having an exception taken away even if the exception is in writing.
Illiane_Blues

Re: Discussion

Post by Illiane_Blues »

In my case getting it in writing was the reason my exception was continued when new leadership noticed it and asked me about it.
PsyGuy
Posts: 10789
Joined: Wed Oct 12, 2011 9:51 am
Location: Northern Europe

Reply

Post by PsyGuy »

@Illiane_Blues

Im sure having it in writing was persuasive and getting exceptions in writing is highly advisable, but your leadership could just have easily shrugged and discontinued the exception despite having it in writing with a "sorry, cant do it anymore" or words to a similar effect.
Illiane_Blues

Re: Non-contractual 'understandings' and changes

Post by Illiane_Blues »

I was responding to your 'Not that getting an exception in writing means very much'.
Well in my case it made all the difference.
Some admin would have taken it away regardless, yes, but some admin is not all or most admin.
PsyGuy
Posts: 10789
Joined: Wed Oct 12, 2011 9:51 am
Location: Northern Europe

Reply

Post by PsyGuy »

@Illiane_Blues

You dont know that. Classic causation fallacy. You dont know if you would have gotten the exception anyway even if all you had was a verbal promise. Youre just rationalizing that having A and getting B means A got you B.

Yes some admin arent all admin, and neither is most admin. You dont know that most admin would grant you an exception based on written correspondence youre just extrapolating your very limited experience to all experiences.
Post Reply