The terms of the contract
A law office, the authorized representative of the Dac Nhan Tam Business School joint stock company, has sent a document to Le Nhu Hieu, former lecturer of the school, requesting Hieu to pay the damages for his infringement. The document shows the will of Dac Nhan Tam School to force Hieu to compensate 20,000 dollars for the property loss, income and profit decreases and attorney’s fees.
If the requests are refused, the school will take legal proceedings against Hieu. The representative of the school has declined to give further details about the case, saying that the law firm will represent the school in the case.
According to Dr Hieu, in June 2007, Dac Nhan Tam School and Hieu signed a labor contract in English. Hieu’s job was teaching soft skills to the clients of Dac Nhan Tam School.
Later, when Hieu fell ill, he realized that the school did not take healthcare insurance for him, and he had to pay hospital fees with its own money. Therefore, Hieu asked the school to reconsider the provisions of the labor contract. In 2011, a new contract which was signed between the two parties. Later this year, Hieu resigned from the post and providing private tutoring hours, for which the school has asked for the damages.
The contract says that within two years since the day Hieu terminates the contract, Hieu must not teach the issues in the training curriculums of the school.
Intelligence belongs to individuals
Hieu said that he receives knowledge from different education systems, and that soft skills are the daily communication skills that everyone can learn from families and the society. Therefore, Hieu has affirmed that the school’s claim is unfounded.
Hieu went on to say that the school did not spend 20,000 dollars to train him; therefore, when leaving the school, he does not have to pay back the expenses. He does not use the lesson plans of the school for private tutoring.
When asked about the term of the contract saying that he must not give teaching within two years after he leaves the school, Hieu said that the school does not pay him for the two years; therefore, he needs to give teaching at other schools to earn his living.
Dac Nhan Tam acts as the franchisee in the franchise contract with Dale Carnegie & Associates, Inc, a foreign company. However, this does not mean that the foreign laws will be valid in the Vietnamese territory.
“The school hires lawyers itself, but it requests me to pay the fee of 675 dollars. It’s unreasonable,” Hieu said.
In the latest news, the two sides could not reach an agreement and they would meet each other at the court.
Lawyer Tran Minh San from the HCM City Bar Association said that companies have the right to ask their officers not to work for the rival companies within a certain period after they leave the companies. However, intelligence is a private property.
“It’s necessary to reconsider the contract and find out if the terms come in line with the Vietnamese laws. If they do not, the court may nullify the contract,” San said. As the knowledge is the intellectual property of individuals, it would be unreasonable to force others not to give teaching.
Source: SGTT
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