Legal question

[SuPerBoRed]

The gist of agreement is the 3 years thingy not to touch their students.

 

But point to note is the student left the centre of month ago and there is no contact with the tutor what so ever until they found her on social media ads.

 

if there was an overlap in time at the tuition centre.. then better not..  not worth the risk

[Hamburger]

If it's me.

I will make the student's parents sign a consent form stating that

a) they were the ones who approached me and i did not solicit the parents or the student

b) they are no longer members of the tutition center

c) They are aware of me only by coincidence, and that i did not send them any advertising in forms of email/social media invites

 

Or if I'm so popular, i just reject hahaha

 

This is something similar to doctors/dentists leaving a practice and pulling patients from their old workplace.

That would give some assurance of saving the button if shit happens.

[Vid]

can but dun get caught  

 

Exactly!

 

How can the centre find out? [laugh]

[SuPerBoRed]

That would give some assurance of saving the button if shit happens.

 

no.. it does not. The onus is on the tutor to uphold her side of the agreement when called into question by the tuition centre..  the form does not absolve her of her legal obligations

[Jman888]

nowadays student change tuition centre like change diaper, 6 months dun see result CHANGE! 

 

if found out later and the student willing to tell the centre that they didn't improve his grade but this teacher does, then how?

 

these non competition clause really make no sense at all for some industry, most industry.

[Kusje]

The gist of agreement is the 3 years thingy not to touch their students.

 

But point to note is the student left the centre of month ago and there is no contact with the tutor what so ever until they found her on social media ads.

 

Then it is obvious that the fellow is not the tuition center's student anymore.

[Chongster]

Such clauses are called restraint of trade clauses and are prima facie unenforceable unless reasonable. My take is a 3yr clause for a tuition agency is probably anti competitive and not enforceable.

 

But in real life just as impt wh agency can hire lawyers and legally harass the tutor into submission....

[Vratenza]

using 3 yr time frame is unreasonable. Might as well say 3 yrs don't need to work and the tuition centre still pay his monthly salary?

 

In medical field, we usually have geographical protection clause instead. Eg. cannot setup shop or work within 2 km of the clinic you just left.

 

 

[Kklee]

The gist of agreement is the 3 years thingy not to touch their students.

 

But point to note is the student left the centre of month ago and there is no contact with the tutor what so ever until they found her on social media ads.

 

With what is given here,  I would think the most point is the "status" of the person(s) that she providing the service.   

In this given scenario,  since the person (the "student")  left the centre,   the person could be said not to be a student. 

Moreover,  with the PDPA in place, she would be very unlikely able to verify whether any person(s) is a student of the centre 

i.e. she would not be able to give the person particulars to the centre for verification and it is quite impossible for the 

centre to give her a list of their students. 

[Lala81]

no.. it does not. The onus is on the tutor to uphold her side of the agreement when called into question by the tuition centre..  the form does not absolve her of her legal obligations

 

I would agree. It will depend on the how the agreement was worded.

using 3 yr time frame is unreasonable. Might as well say 3 yrs don't need to work and the tuition centre still pay his monthly salary?

 

In medical field, we usually have geographical protection clause instead. Eg. cannot setup shop or work within 2 km of the clinic you just left.

 

I've read the court's judgement of 2 such cases based around such clauses.

1 was the dentist case. The other one was involving someone in the flower export/wholesale business lol.

 

After i read, i also have no conclusion haha 

[Mcf777]

If the teacher and that Student have never meet before, how is the teacher going to know whether is he/she from the XYZ Tuition centre?

 

And I havnt come across any teachers that ask, are you previously from ABC Tuition Centre?

[Kusje]

If the teacher and that Student have never meet before, how is the teacher going to know whether is he/she from the XYZ Tuition centre?

 

And I havnt come across any teachers that ask, are you previously from ABC Tuition Centre?

 

I'm thinking that student already knows the teacher then 1 of 2 scenarios:

 

1. Student quit tuition center then chances upon advertisement of teacher that he already knows

2. Student knows teacher, wants to be taught by him. Teacher is now thinking of the best way to not break his agreement with the center and is now checking if a 1 month "break" is sufficient.

[Piyopico]

Such clauses are called restraint of trade clauses and are prima facie unenforceable unless reasonable. My take is a 3yr clause for a tuition agency is probably anti competitive and not enforceable.

 

But in real life just as impt wh agency can hire lawyers and legally harass the tutor into submission....

I believe many clauses only stipulate one year. Even then, it is questionable if it is enforceable.

 

I dun understand why someone would sign a three year thingy unless a very high "consideration" was given in exchange.

[Hamburger]

I'm thinking that student already knows the teacher then 1 of 2 scenarios:

 

1. Student quit tuition center then chances upon advertisement of teacher that he already knows

 

 

this is  indeed the situation now. Student has no more affiliation with school since quitted more than a month ago and chanced upon an ad with the previous teacher.

[SuPerBoRed]

this is indeed the situation now. Student has no more affiliation with school since quitted more than a month ago and chanced upon an ad with the previous teacher.

Then clearly cannot. If student didn't know the teacher at the tuition centre.. would the student choose the teacher?

[Hamburger]

Then clearly cannot. If student didn't know the teacher at the tuition centre.. would the student choose the teacher?

 

my concern is whether clause like this used in tuition centre or any business that prevents any of their employees from soliciting from their ex employer is valid or not.

 

in this case, there is no contact made from the employee but the parents chose to engage their service from advertising.

 

There is definitely something not right here. Maybe some stat board or relevant garment agencies can hekp address this?

[Lala81]

my concern is whether clause like this used in tuition centre or any business that prevents any of their employees from soliciting from their ex employer is valid or not.

 

in this case, there is no contact made from the employee but the parents chose to engage their service from advertising.

 

There is definitely something not right here. Maybe some stat board or relevant garment agencies can hekp address this?

 

It's very common actually in contracts within our line. Just that most people don't question it when they signed the contract lol.

I myself have signed something similar at my workplace. 

It really depends on what kinda legal resources are brought to bear. If u have money like kong hee to hire his lawyers, definitely won't see the court room 

Edited January 18, 2017 by Lala81

[Jman888]

my concern is whether clause like this used in tuition centre or any business that prevents any of their employees from soliciting from their ex employer is valid or not.

 

in this case, there is no contact made from the employee but the parents chose to engage their service from advertising.

 

There is definitely something not right here. Maybe some stat board or relevant garment agencies can hekp address this?

i work with a few lawyers from one of the biggest local law firm for specific legal needs. when these lawyers branch out on their own, they approach us to go with them.

 

Do you not think the big law firm would have such clauses with the lawyers? if yes why these lawyers able to approach us openly? they are high fly lawyers not a small tuitor