• Report: #759089

Complaint Review: Dynamic Personnel and Emirates National School

  • Submitted: Mon, August 01, 2011
  • Updated: Sun, August 07, 2011

  • Reported By: John — San Jose California USA
Dynamic Personnel and Emirates National School
Internet United States of America

Dynamic Personnel and Emirates National School Misleading, deceptive and unethical. Internet

*Author of original report: The Conclusion.

*Author of original report: On second thoughts...

*Author of original report: Please share this information with us Alicia!

*Author of original report: After-thoughts.

*Author of original report: The emails prove who is setting the record straight.

*REBUTTAL Owner of company: Dynamic Personnel - setting the record straight!

*Author of original report: One sided Emirates National School Contract

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Misrepresentation and unethical practices by Dynamic Personnel and Emirates National School (ENS).

I was first approached by Dynamic Personnel about a teaching position in Abu Dhabi, UAE in August 2010.

After having read the bad reports about ENS, I was alarmed but had come across quite a few foreign teachers who were neither qualified nor able to perform their duties. So I decided to overlook these reports to my detriment.

Dynamic Personnel, which is located in South Africa asked me to attest my documents. I ended up paying over $440 for the entire attestation process.  The agent who was sub-contracted (SA Travelbug) in the attestation process attempted to extort further funds from me after the attestation which entailed paying over $100 per page!

Although the original offer of employment stated "Initial Offer", Dynamic Personnel only revealed the final contract which was non-negotiable 2 weeks before I was scheduled to fly out to the UAE.  I had requested the final contract on several occasions but it was not forthcoming. Dynamic Personnel only issued it after I expressed  my concerns through repeated emails.

The contract is a one sided contract which gives ENS the power to do almost whatsoever they wish with whomever they hire.

ENS has a rotten reputation amongst foreign teachers. However, Dynamic Personnel is a lying and deceptive practice that could not care less about who it places (teachers) at ENS provided the fees are received for placement services. At first, Dynamic asked me to sign a contract stating I would owe them a straight some of approximately $800 if I stopped working during the first 3 months. Dynamic DID NOT ONCE reveal that there would be a 3 month probation with a possible extension. I would not sign such an agreement because it left no room for contingencies such as a teacher falling sick for example. After changing the contract so that it reflected my concerns I decided to sign it. This was a contract between Dynamic and myself only.

Dynamic lied repeated about other teachers having no problems with the final contract but it is more likely they were duped into believing that ENS would produce a fair and negotiable contract. It is my
opinion that foreign teachers do not see the final contract until they have arrived at ENS and have very little negotiation leverage. For example, if they don't like the contract they end up paying for their own way back and also the "expenses" incurred by ENS and Dynamic Personnel.

I have in my possession the email exchanges between Dynamic and myself and in the event of a rebuttal, I will publish these emails.

In fact, I was willing to let this whole episode slide even after demanding a refund of the money  I
had spent in attestation. However, Dynamic saw fit to act in a self-righteous and condescending way toward me.

I don't care anymore about the $440 I spent but I am determined to expose Dynamic and also to a certain extent the school ENS which I feel is partly responsible in not sharing this information with teachers. I suspect they may have already been involved in several lawsuits with previous foreign teachers.

The whole experience has been shocking for me. I had been offered several other posts which I turned down in favour of the position at ENS. I am now without any employment and seeking a new job in a very difficult market.

At the very least, this report will serve as a warning to any foreign teacher considering employment at ENS through Dynamic or other placement agencies.

My advice to you is AVOID  Dynamic Personnel and ENS like the plague!

This report was posted on Ripoff Report on 08/01/2011 08:23 AM and is a permanent record located here: http://www.ripoffreport.com/r/Dynamic-Personnel-and-Emirates-National-School/internet/Dynamic-Personnel-and-Emirates-National-School-Misleading-deceptive-and-unethical-Inter-759089. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

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#1 Author of original report

The Conclusion.

AUTHOR: John - (USA)

So what have I learned from this experience?

1. When there is   any  doubt about a school's reputation, there is no doubt.
    [Ignore other teachers' reports at your own peril!]

2. Do not spend   any   money upfront. There are exceptions, for example, I paid my own
    visa costs and airfare for my China jobs but I was reimbursed.
    [Make sure your contract states clearly you will be reimbursed if this is the case!]

3. Demand the final contract at the beginning of negotiations before you sign any
    other contract such as "Initial Offer", "Promise to pay agent if you leave early", etc.

4. Read up the country laws carefully before you arrive. In the hypocritical UAE, they
    have a list of banned drugs. This includes many over the counter type drugs such
    as Acetaminophen (AKA Paracetamol, Panadol). The irony is that once you are in 
    the UAE, you can purchase Panadol over the counter!

    The consequences of possessing any "illegal" drug, even just one speck of a poppy
    seed from  a bread roll on your clothes, can land you in jail for up to 4 years!!!!
    Having a doctor's prescription may not help you at all. This is due to the cave-age
    Sharia Laws the country observes.

    There is ZERO understanding or tolerance on the part of these backward Arab savages.
    They will throw you in jail and forget about you for 4 years.

    Don't rely on the personnel agent or employer to warn you! Alicia Nel of Dynamic Personnel
    did not inform me at any time of these laws!! I sometimes take Acetaminophen for pain.
    Well, fortunately for me, I avoided going there in the nick of time.

5. Would I teach at any of the good schools in a Sharia Law country? I think that I would
    rather die of starvation than end up in a country still living in the dark ages.
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#2 Author of original report

On second thoughts...

AUTHOR: John - (USA)

On second thoughts Alicia honey, just refund the money you and your partner in crime (SA Travelbug) stole from me and forget about charity, okay?
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#3 Author of original report

Please share this information with us Alicia!

AUTHOR: John - (USA)

Alicia claimed 

"We will rather use the money that we would have spent on legal cost spend on helping the community and charities."

Gee, Alicia, you are so unbelievably generous. Please share the name of the benefactors with us soon!

I cannot help but think what an ignorant blowhard and liar this woman is...  Aw, I am so upset she did not sue me.

Alicia has yet to apologize for slandering me. It's called "Libel" - you unscrupulous rock-spider!
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#4 Author of original report

After-thoughts.

AUTHOR: John - (USA)

1. Alicia Nel (Dynamic Personnel) who can hardly write proper English sentences and misspells even the simplest words has a crafty personality, which makes it appear as if she has a high emotional IQ.

This trait gives her an edge when dealing with prospective candidates. The first impression I got was that she is honest.  Of course I was fooled nonetheless.

2. Alicia tried to distract the reader by including the attestation fiasco in her report, which in fact was irrelevant as we had moved past it. In one of her emails she plainly states it was a misunderstanding
caused by her.

3. By not providing the final contract (without candidates having to ask for it) with the initial employment offer, one can only assume Alicia knew full well that the best candidates would never have continued to deal with her. For example, who would sign a contract that has as its last clause:

Article (20)

Two copies of this contract have been issued, with each copy containing Arabic and English texts, and each party has been issued with a copy. The Arabic text shall be legally considered the reliable version rather than the English, should any discrepancies exist between the two versions.


Only an idiot of course. Why sign if you don't know what the contract states *exactly* ?? In fact, why bother with such a contract at all? It is worthless to the teacher. It strips away every possible right to legal recourse and allows ENS to hold all the cards.

The actual contract is very one-sided and unacceptable in many of its clauses but the last clause takes the prize.

4. Alicia is a psychopathic liar. What she does not realize is that one of her lies is clearly libel - she claimed that I have not been working since June 2010. I am at the present moment in negotiations with the local Legal Aid Society regarding this matter.

5. ENS is clearly not a good school to be working at. Here are just a few links. Do yourself a favour and count the negative comments. 

http://www.internationalschoolsreview.com/v-web/bulletin/bb/viewtopic.php?t=417&start=0&sid=8c468c1219259d9d5691b8d1bec4a5bd

http://forums.eslcafe.com/job/viewtopic.php?t=58413

http://www.desertspeak.com/viewtopic.php?t=462

UAE schools clearly have lots of troubles:

http://www.edarabia.com/21211/expat-teachers-arent-only-ones-leaving-uae-public-schools/

http://www.edarabia.com/22810/1400-teachers-in-abu-dhabi-to-lose-their-jobs-by-end-of-year/
 

6. Dynamic Personnel is a fraudulent and deceptive company run by Alicia Nel. Do not be fooled into paying her money for any services - especially "attestation". If you do not see the final school
contract, what's the use of committing any money upfront?  I lost $440 and turned down a permanent job offer at Dipont Education (the last company I worked at in China in April 2011). Dipont Education is the top A-Level Education provider in China. I have the email to prove this from the HR Manager:

Thanks for letting me know John.   Have you definitely accepted the post in the middle east or do you still wish to consider a post with us from August?

Thanks,


Although Dipont's salary was not as good (not tax-free, etc), it is a very good organization to work for. I decided to leave China for health reasons.

One could call me an unsung hero. I suffer the problems caused by these unscrupulous organizations and others after me get to enjoy the benefits of my efforts in exposing their malpractices.

 
  
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#5 Author of original report

The emails prove who is setting the record straight.

AUTHOR: John - (USA)

Throughout this post, emails appear in Italics.
Alicia Nel, the owner of Dynamic Personnel is the real liar and I shall demonstrate through the emails what a desperately unethical woman she is.

Regarding blackmail: I have never blackmailed anyone in my life. Here is the first email I sent Alicia:

Alicia,

   Unless I have a firm apology from you and a FULL refund of the $440 I spent, the attached report will be published in Rip-Off-Report by tomorrow morning.

You are an evil, conniving and deceptive woman. As for ENS, if this were a respectable school, it would  not be doing business with you!

And yes, once the report is published, not even God can remove it. You will be very sorry for deceiving me.


Shortly afterwards, I decide that it's too much stress and trouble so I inform her that I will not proceed but I hope that she "gets what she wishes for." (sic)

The response I get is this:

John,
First and foremost before I continue my conversation with you let me just make one thing very very clear.  I will not let you threaten or intimidate me, not now not ever.  Should you go ahead and publish false allegations on the internet I WILL pursue legal action.  This is not a threat but a statement and a fact.  We have legal representation in many countries around the world so this will be easy. 

We have never ever been dishonest in any of our dealings with you and I personally feel that you must be  the sort of person who have hang ups everywhere he goes.  You even had issues with Julie and if you dont get your way you just insist and expect everyone to adhere to your demands, sorry but it doesnt work like that.  She even said you are the most abrupt and rood person she EVER dealt with and I must  say I can see why she said this. 


You have received your initial employment offer from the school and it even said initial offer.  Once a visa is confirmed and a teacher arrives to the UAE they receive a formal contract.  This is standard practice and all our years of doing business with the Arabs we never encountered any problems with this.  John if you are looking to teach in a different country than your own you have to get use to their way of doing things.  This is how they do things and nothing I say can or will change them or the fact that this is the way they operate.  Flexibility is definitely something an international teacher should have an I have come to learn that you dont have this so in all honesty I feel that you should stay in your comfort zone and is not a suitable candidate for international placement.

Then another point I would like to make as I feel this is my duty as a Christian I dont appreciate your  comment about God as through him is anything is possible.  Even if you used it as a saying Im not happy with this at all.

You are rood and insulting even your previous emails referring to other teachers are unacceptable.  If you get away with this sort of behaviour its all good but I think you have a serious attitude problem and this is getting in your way of being professional.

I never revealed the final contract as you have asked for this.   Most other teachers have requested this already as they know that this is the way the Middle East operates, looks like just you, again!

So this is the way I see it either you keep your false allegations off the internet or face legal action.

I will enter into NO FURTER correspondence with you.  My lawyers will take it from here should it be necessary.


Notice that Alicia is the one who threatening and blackmailing. Also notice that she clearly states that she never revealed the final contract, but you will see later in this report that she CONTRADICTS herself.

At this time, I decide she needs to be taught a lesson and I inform her that is exactly what I will do.

Alicia,

I have decided to publish the information because I think it is in the best interest of potential teachers. Also, I am doubtful there is any chance I will be reimbursed for the money I spent.

I promise you that I will warn everyone I know about you.  You need to learn your lesson. You should have apologized and walked away Alicia. Now I will make certain you will not be able to fool anyone else. As for ENS, the rotten reports I have read about the school are to my horror TRUE! I hope this report will prevent you from ensnaring any further professional teacher.

You have caused me an insurmountable hardship because I turned down several offers in favour of ENS. I hope you will be punished accordingly.  On the flip side, a loss of $440 is better than landing in a lion's den in a foreign country where I would have had little legal recourse.

I will send you the RipOFFReport link once it has been published. Although I probably won't have to because it will spread throughout the globe before you know it.
 
Did you think you could frighten me? I fear absolutely nothing. Come on, try to touch me. You will be very disappointed because even if there were a freak chance that you won a judgement, I would never be able to pay it. My only consolation is that you will get what you deserve - exposure for your rotten and deceptive business.


Alicia Nel responds with the following:

We have in the meantime decided that our reputation speaks for itself and that we can prove that teachers we place are happy and not being done in by us at all.  We will rather use the money that we would have spent on legal cost spend on helping the community and charities.

She would NOT DARE file a lawsuit because she is as guilty as sin! The previous paragraph contains two sentences which are both lies as will be demonstrated.

Alicia continues:

He mentions that he came across foreign teachers who were not qualified or able to perform their duties.  My question is does he know these people personally or has he met them to say that they arent suitable qualified or not able to perform duties. 

Alicia has taken a statement completely out of context - what I stated was that in my experience in Asia, I had met several foreign teachers who were not qualified. In fact, I would not let my child (if I had one) anywhere near most of them!

He has not been in this school, hasnt seen them work or discussed their work ethic with school management so he is just making allegations yet again.

Gee, Alicia, I never made such a claim. Again out of context. All one has to do is google "ENS Teacher Review" and hundreds of links come up with actual reports from past teachers who worked at this school.

Regarding Attestation:  Alicia has completely misrepresented the true facts. Julie Mitchell, from SA Travelbug handled the attestation. Here is an email that proves I paid her the FULL AMOUNT:

Julie,

  The following documents are attached:
   - Registration
   - Certified Color photocopy  (*)
   - Invoice
   - Signed Authorization
   - Latest Photo 
(*) You cannot see the notary stamp because it is red ink that cannot be scanned. You will see the stamp on the physical document that I have couriered to you. All the above documents including 16 photographs of which only two photographs have a notary stamp on the reverse side. This should be sufficient for your requirements. DHL Tracking number is 328 5119 810.

An equivalent dollar amount of R2700 has been wired to your account from an account in Switzerland.

Please confirm receipt of money and also receipt of the documents once they are in your possession. The wire transfer took place today. So you should have the funds by end of Monday 2nd May.

Julie responded "Received Many thanks." Date: Friday, April 29, 2011, 8:40 AM

There were no extra pages and I subsequently sent her emails for her to confirm the same which she duly did. Many weeks later she tried to extort more money from me under false pretences.

Alicia continues:
He then goes on and mention that he has requested a final contract numerous times but we werent forthcoming.  This is an utter lie! 

Is it really?!  The final request was this email dated Friday, July 29, 2011 9:32 PM:

Hi Alicia,
    Here are some concerns I have:

1. The contract ENS signed states "initial" employment offer. I assumed this offer becomes my final contract with no new terms or conditions. Is this correct? I would not consent to any of the terms being changed for any reason whatsoever by the school at any later time.

2. It has come to my attention that local sponsors sometimes hold employee passports (which is against UAE law). Under no circumstances will I allow the school to hold my passport. Please notify the school of my intentions.

3. The US state department cautions US citizens who work in the UAE to keep a low-profile and to change routes and times often. What is the mode of transportation from the apartment to the school?


So who is the actual liar Alicia? I want to add here that from the first time Alicia contacted me (which was over 8 months ago), I had NOT received the final contract yet! Can you imagine a deceptive, conniving woman that she is? She knew that if I had seen the final contract from the start, I would not even have bothered signing the initial 2 page contract. You can see how different the two page contract is to ENS's 14 page contract which is completely one-sided. The contract has been posted on this site.

She then mentions:
He has signed an offer of employment by the school and would sign the final contract upon arrival in the UAE as this is standard practice for schools not just this one. 

Gosh, what planet are you living on you MORON?! What self-respecting professional teacher would do this?! Did you think I would have taken a chance on going to UAE on a "initial 2 page offer contract"?  You  are dumber than I thought!  By the way, this is NOT STANDARD practice. It is a contrived plan of deception in which Dynamic and ENS have agreed to fool future teachers!! Any teacher believing otherwise is an idiot!

Alicia continues:
All other teachers have requested this from us and a sample contract was mailed to them.  It was just John who asked for it 2 weeks before departure and it was mailed to him immediately. 

As you can see, this is a blatant lie. I feel sorry for those teachers who get there only to find out that ENS will screw them big time! Teachers have NO LEGAL recourse. Consider that any teacher who has arrived at ENS may not be allowed to leave until he/she has settled ALL the so-called expenses of ENS and Dynamic. Beware! ENS will hold your passport even though this is against UAE law.

Alicia then states:
He then had a problem with this and felt its his right to make changes as it suits him.  Now again this is not the way it works if you take on employment its done on certain terms and the school pay a huge amount of money to get the teacher there and settled in and in my mind its just fair that they are
protecting themselves. 


Of course it is MY RIGHT! That's what a contract is about. This is STANDARD practice. If I have no say in the contract, then it is NOT a contract! Just read the ENS contract I uploaded and pay attention to the strikethrough font. You will see how ENS tries to screw the teacher. It is ridiculous. Observe how she sympathizes with ENS (because that's who pays her!) and forgets the teacher's perspective entirely! What a transparent hypocrite!

Alicia then says:

They are not exploiting teachers they are just putting measures in place to safeguard them against loosing a lot of money.  

Awww, sweet. What about measures that safeguard the teachers? Oh, wait, you don't care about the teachers.  What about the teachers who stand to lose a lot of money if they fall out of the graces of ENS?!!  Such teachers are left holding the proverbial bag because they are at the mercy of ENS.

She then says:
The contract was never hid from any teacher and is always available.  One thing I also mentioned to John is the fact that he will be working in a different country with a different culture and work ethic you need to accept and respect the country its people and way of doing things, if you are not prepared to do this
is better to stay in the country that you know and with contracts you feel comfortable with.


So here is the CONTRADICTION! Why did she not reveal the contract from the beginning? The answer is obvious.

I have already demonstrated the first sentence is a lie. I should never have had to ask for the final contract so many times. No teacher should have to ask for it. It should be provided as is. However, Dynamic and ENS are in cahoots about this practice. ENS has such a bad reputation that there have already been three other personnel agents who informed me they no longer deal with ENS. I have their emails. What is remarkable is that Alicia waited up to 2 weeks before departure date to reveal the "contract"!!!

What does this tell you? She is a conniving, rotten individual whose main purpose is to move bodies and obtain financial reward. Do yourself a favour and read reports from past teachers. You will find out that the management of ENS is completely dysfunctional. These reports are TRUE!

She then says:
A 3 moth probation period is standard in any Middle Eastern contract as again the school need to make sure the teacher is the perfect fit; this also gives the teacher an opportunity to make sure the school is the best fit for them. 

This is also a lie BUT note that had I not requested the final contract, I would only have found out about this after I arrived in the UAE!!!  What an unethical practice!  I have no problem with a 3 month or even 6 month probation but I would want to be informed of it beforehand!

I also had no problem agreeing with Alicia's $800 after she modified her one-sided contract with me (just between Dynamic and myself).

She then continues:
We also had a case where a teacher fell ill and had to return home we never asked for the money to be paid as we can 100% understand that reason and it was out of their control.  We could also pursue this and take action as John would owe this money, but again feel like we will be fighting with someone who is provoking and thrives on fighting with companies.  He even boasts about closing down another company who did not act in a way he expected them to.  

I DARE her to prove this in a court of law. Alicia Nel is such a transparent liar, there is nothing left to the imagination. I was ripped off $440 for the attestation UNDER FALSE pretences - that is, Alicia was hiding the final contract from me for a period of over 8 months! Again, I ask you, how is it that she did not forward this contract to me with the initial offer?  The reason is simple: I would never have continued the process with her!!!!

Alicia says:
To me this is a teacher who should focus more on teaching and less on fighting.  John even go as far as saying not even God can take off the report from your website and as a dedicated Christian I pointed out to him that I dont appreciate this he then again provoked me by emailing me again with the same words.

Here is an email I received from a top ex-student of mine (I have many similar emails):

Time has gone by so quickly... I'm very happy to know you...
You are the best teacher i've ever met~!
I learned a lot from you... You taught me extremely important things..
Self-confident and how to teach myself...
You are the best educator in the world.

I feel sad for your farewell.... I will miss you very much and i will visit you before you leave China.
I don't believe what the other teachers say about you... 
I don't doubt anything about you... 
You are not a bad teacher.
I trust that. 

You gave me good memories and i will not forget forever.
I'm really happy. 
Thank you for your teaching. Thank you for your passion for teaching us. 
I hope that you will still teach me and help me by E-mail.
I will contact with you and tell you the story about everybody.
You change me a lot.

Thank you...
I will miss you very very very much~~!


Notice, that other foreign teachers at the school were bad mouthing me because they are low-class white trailer trash that should never have been allowed in a classroom.

Although I hate fighting, I never back down from a challenge. I hate injustice and crooked people like ENS and Dynamic. 

She continues:
He then goes on to mention we have lied repeatedly about other teachers not having problems with the final contract where does he get his information? 

Here is the first link I found:

www.desertspeak.com/viewtopic.php?t=462&start=25

There are many other links exposing ENS and their unprofessional behaviour. Past teachers have complained bitterly about the administration and their irrational demands and practices.

Alicia states:

Again its not just ENS who only offers the final contract upon arrival, this is the way most schools do it it is seen as standard practice with schools in the Middle East. 

I have already shown this to be FALSE.

She continues:
I have no other choice but to believe that John is having serious issues as he threatens me one minute and just the very next he sais he is just going to leave the whole thing.  I sent him an email expressing our views and because he feels belittle and not in charge he threatens us again.  This has become a pattern in his behaviour and can be proved again by emails from him.

As I explained, I was going to abandon the whole thing and forget about the money Dynamic and Travelbug took from me under false pretences. I changed my mind because of her arrogant response as explained earlier.

Alicia continues:
If for any reason he came to me in a professional and calm way and said he would not like to proceed and would prefer to be placed at a different school I would have happily discussed it with him and would have marketed him at other schools but again this was not the route he opted to take. He now claims to be without a job in the difficult market but as proof on his CV he has not worked since June of 2010.

Alicia is lying about me not working since June 2010. I have been working in Asia until the end of MAY 2011! This is libel!  I could sue you for this you miserable b.tch!!!! 

Only a fool would want to deal with Alicia after being ripped off and treated so unfairly. This woman was sending me into a foreign country completely unprepared. What was she doing for me?! She was setting me up for a huge fiasco. Can you imagine those arrogant fools at ENS reacting to my refusal to sign a contract I did not agree with?!!!!

Alicia ends her diatribe with:
I feel that I have set the record straight and will not go into bickering and continues fights with him on this website, I will rather focus my time and energy on the teachers who are actually working and relocating.

I am glad she responded because now any teacher with a modicum of intelligence will know who has set the record straight. It is clearly evident that the guilty parties are Dynamic and ENS.

My advice is: Run for your life!!!

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#6 REBUTTAL Owner of company

Dynamic Personnel - setting the record straight!

AUTHOR: Alicia - (United States of America)

As the owner of Dynamic Personnel I am happy to be given the opportunity to respond against the allegations made by Mr John Gabriel as companies seldom get the opportunity to do so on complaints loaded onto the internet.
 
First and foremost I would like to state that none of the allegations made by John are true and that I will state the facts as they are and are happy to provide evidence of everything I say in this report.  We were threaten and blackmailed by John to pay him and apologise (not entirely sure what for) otherwise he will post his allegations online.
 
I have never paid him and also havent entered into any negotiations with him.  I stated how we feel about the case and said that we would pursue legal action should he post false allegations like this online.  We have in the meantime decided that our reputation speaks for itself and that we can prove that teachers we place are happy and not being done in by us at all.  We will rather use the money that we would have spent on legal cost spend on helping the community and charities.
 
I am also happy to handle all queries that prospective teachers may have personally and answer any question/concerns they may have.
 
I will state the facts and respond to the allegations in order of appearance in his complaint letter.
 
He mentions that he came across foreign teachers who were not qualified or able to perform their duties.  My question is does he know these people personally or has he met them to say that they arent suitable qualified or not able to perform duties.  He has not been in this school, hasnt seen them work or discussed their work ethic with school management so he is just making allegations yet again.
 
John was asked to have his documents attested as per UAE law and he was notified of this when he accepted this position.  I informed him that he can do this himself but he insisted an agent helps him.  After getting in contact with the agent we normally recommend to teachers (and doesnt have any problems with) John sent his documents to get attested, quickly he had picked a fight with that agent and did not want to pay the full price.  He insisted that she was trying to do him in by asking per additional page.  All fees were mentioned to him before the time as the embassy charges extra per page.  He blatantly just refused to pay.  I tried rendering the situation between them as I felt it may have been an error in communication (even though it was put on paper to him) The agent then decided to just pay the difference herself as she was insulted by John and told me that in her 12 years of doing business she never ever encountered such a rood, obnoxious and self centred person. 
 
He then goes on and mention that he has requested a final contract numerous times but we werent forthcoming.  This is an utter lie!  I am shocked to hear that he is telling lies and expecting everyone to believe him.  He has signed an offer of employment by the school and would sign the final contract upon arrival in the UAE as this is standard practice for schools not just this one.
 
 All other teachers have requested this from us and a sample contract was mailed to them.  It was just John who asked for it 2 weeks before departure and it was mailed to him immediately.  He then had a problem with this and felt its his right to make changes as it suits him.  Now again this is not the way it works if you take on employment its done on certain terms and the school pay a huge amount of money to get the teacher there and settled in and in my mind its just fair that they are protecting themselves.  They are not exploiting teachers they are just putting measures in place to safeguard them against loosing a lot of money. 
 
The contract was never hid from any teacher and is always available.  One thing I also mentioned to John is the fact that he will be working in a different country with a different culture and work ethic you need to accept and respect the country its people and way of doing things, if you are not prepared to do this is better to stay in the country that you know and with contracts you feel comfortable with.
 
We also never demanded any money from John as we place teachers free of charge.  We also worry a great deal about teachers we place abroad and even travel there once or twice a year to visit teachers and meet up with them.  I have a personal relationship with most of my teachers and even get invited to stay with some of them when travelling abroad!  My numerous emails and calls to John are evidence of this and I also answer emails within 48 hours to make sure teachers are well looked after and have clarity on all their questions.
 
A 3 moth probation period is standard in any Middle Eastern contract as again the school need to make sure the teacher is the perfect fit; this also gives the teacher an opportunity to make sure the school is the best fit for them.  Again the school has a huge expense and because a teacher has only been interviewed telephonically one can understand the 3 month probation rule.  We as a company also has expenses in getting teachers to the Middle East and if a teacher decided not to stay for whatever reason or does not perform its duties promptly we have to collect the cost from the teacher.  We ask for ZAR5000 (approx $700 and not $800 as stated by John) Again we have to cover our basic costs as we will not be paid for a teacher who is not successful.  Since 2007 we only had 1 teacher asked to return to her home country a success rate that speaks for itself.
 
We also had a case where a teacher fell ill and had to return home we never asked for the money to be paid as we can 100% understand that reason and it was out of their control.  We could also pursue this and take action as John would owe this money, but again feel like we will be fighting with someone who is provoking and thrives on fighting with companies.  He even boasts about closing down another company who did not act in a way he expected them to. 
 
To me this is a teacher who should focus more on teaching and less on fighting.  John even go as far as saying not even God can take off the report from your website and as a dedicated Christian I pointed out to him that I dont appreciate this he then again provoked me by emailing me again with the same words.
 
He then goes on to mention we have lied repeatedly about other teachers not having problems with the final contract where does he get his information?  Again its not just ENS who only offers the final contract upon arrival, this is the way most schools do it it is seen as standard practice with schools in the Middle East.  My question also is if John was so hesitant from the start as what he claims why wait so long before expressing concern.  I never received any indication from him that he was causes or hesitant.  The only time was last week when he enquired about routes travelling to work as he was cautioned that Americans must changes routes and times often in the UAE, in all honesty first word I hear about this and we had no other issues whatsoever with American we have placed not even in Kuwait who boarders on Iraq!
 
He is also threatening to publish emails between us if anybody is hesitant and would like to see these I would happily provide them. 
 
I have no other choice but to believe that John is having serious issues as he threatens me one minute and just the very next he sais he is just going to leave the whole thing.  I sent him an email expressing our views and because he feels belittle and not in charge he threatens us again.  This has become a pattern in his behaviour and can be proved again by emails from him.
 
One thing we do agree on is that the whole experience has been shocking. Shocking that a teacher I have done so much for would turn around and make all this allegations and threaten me and claims to have been misinformed and lied to.
 
If for any reason he came to me in a professional and calm way and said he would not like to proceed and would prefer to be placed at a different school I would have happily discussed it with him and would have marketed him at other schools but again this was not the route he opted to take. He now claims to be without a job in the difficult market but as proof on his CV he has not worked since June of 2010.
 
So my advice is teachers call me, email me or skype me as you will be assured to receive excellent service and will soon realise that these allegations have no grounds whatsoever.  View our website and the positive feedback from teachers, we would even be willing to send you contact details of teachers placed through us as we have absolutely nothing to hide at all!
 
I feel that I have set the record straight and will not go into bickering and continues fights with him on this website, I will rather focus my time and energy on the teachers who are actually working and relocating.
 
 
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#7 Author of original report

One sided Emirates National School Contract

AUTHOR: John - (USA)

Note that the underlined sentences were changes I made.   The strikethrough text was ENS original text.

Employment Contract
Faculty Member
 
This contract has been signed in the city of Abu Dhabi, UAE, between:
 
1.  Emirates National School, represented by the signatory of this contract: H.E. Ahmed Mohammad Al Himairi Chairman of the Board of Directors.
 
                                        (First Party)
And
 
2. Name (as in passport):
 
                                        (Second Party)
  
Personal Data of the Second Party
 
Nationality:
Passport No:
Marital Status:
No. of Dependants:

Contact Address:

Basic Conditions

Article (1)

The First Party agrees to employ the Second Party in accordance with the following:

Position:
Joining Date:
Basic Monthly Salary:     ()

The Second Party shall perform the duties of his/her position at the location and time determined by the First Party. The First Party has the right to change the said location periodically in accordance with work requirements.  The First Party may change the location only with the prior consent of the Second Party. The gross monthly salary shall be paid to the Second Party at the end of each
Gregorian calendar month.

Article (2)

The agreement presented in Article (1) is conditional upon the following:

2/1 The Second Party must pass a medical test designated by the First Party.

2/2 All relevant approvals must be obtained from the State authorities concerned.

2/3 The Second Party must begin work within 30 days of the signing of this contract, or by a pre-arranged date specified by the First Party.

2/4 The Second Party shall submit original copies of all necessary certificates, academic qualifications and reference documents, accredited and certified in accordance with State regulations.

Contract Term and Probation Period

Article (3)
   
This contract is effective for two academic years from the joining date, after which it shall be renewed automatically for another one academic year. If the Second Party does not wish to renew the contract, he/she must submit a non-renewal application no later than the end of the first semester of the academic year in question.  3 months  before the end of the final semester of the second academic year.

Article (4)

The Second Party shall be subject to a probation period of three months from the joining date of employment. The First Party has the right to extend this probation period by a maximum of a further three months. The First Party may terminate the contract during the probation period and in such cases is not obliged to offer justification, notice or compensation should the Second Party prove to be unsuitable or incapable of performing the duties associated with his/her position according the First Partys evaluation.
If the Second Party is absent from work for (7) consecutive days, this shall be deemed sufficient reason to terminate the contract. In this case, the Second Party is not entitled to any rights or
benefits except the salary for his/her work for the First Party. The expenses of the Second Partys return ticket to their permanent country of residence shall be incurred by the Second Party alone.  If the Second Party successfully completes the probation period, he/she shall be permanently
instated and the probation period will be regarded as part of his/her total
service as regards all benefits and gratuities.

The Second Party has the right to resign during the probation period provided that the resignation is submitted in writing and is unconditional. The service of the Second Party shall be terminated upon acceptance of the resignation by the First Party., whereupon the Second Party is obliged to pay back all fees spent on him/her since his/her recruitment  excluding  his/her salary  as indicated in Article 3/13 from this contract. The expenses of the Second Partys return ticket to their permanent country of residence shall be incurred by the Second Party alone.  whereupon
the Second Party is responsible for their return ticket.



Article (5)

The Second Party acknowledges that he/she has the experience, ability and intent to perform
the duties and responsibilities required by his/her position in accordance with the conditions of this contract.
   
Basic Duties of the Second Party

Article (6)
   
The Second Party is obliged to personally perform the tasks assigned to him/her accurately and honestly in accordance with the regulations of the First Party then in effect. The Second Party shall preserve the confidentiality of all privileged information disclosed to him/her and perform whatever tasks are dictated by the by-laws, regulations and directives of his/her superiors. The Second Party shall not engage in matters prohibited by law, or which are detrimental to the reputation of the position they hold. The Second Party shall display good manners and conduct both inside and outside Emirates National School, and shall distance himself/herself in all circumstances from any matter arousing doubt or suspicion, or involving misconduct, undignified acts or misbehavior. The Second Party must be presentable at all times (respectable clothes for ladies and full
Shirt/necktie for
men), maintain a polite demeanor, exhibit good conduct and respect local traditions and public order in the State.

Article (7)

The Second Party shall grant, unconditionally, the First Party all intellectual property rights, patents or discoveries associated with whatever work or activities he/she has conducted during, or as a result of, his/her employment, regardless of whether achieved individually or jointly with others. The Second Party has the right to fair compensation in this regard to be determined by the First
Party.
 
When producing materials related to his/her duties, the Second Party shall take into account the fact that such materials are created in the interest of promoting research or invention.

Article (8)
   
The Second Party is obliged to relinquish to the First Party at the end of his/her service all apparatus, documents, correspondence, books, teaching texts, reports, files and other materials placed in their trust. In this regard, the Second Party undertakes not to retain any original or copied
materials and agrees to hand these to the First Party whether in hard, electronic or other form at the end of their service.

Article (9)
 
The Second Party shall be subject to the Emirates National Schools rules governing investigation and discipline. Disciplinary action may be taken against the Second Party if he/she neglects, or performs improperly, his/her duties and obligations.
 
Rights and Financial Benefits

Article (10)

10/1 The Second Party is entitled to a monthly salary and other benefits determined by the
First Party, as prescribed by Emirates National School and in accordance with all applicable by-laws, regulations and decrees. 

10/2 The Second Party shall receive an air ticket from/to his/her permanent country of residence at the beginning/end of the contract. The Second Party is also entitled to an annual return ticket (Economy Class) to his/her country of residence. In this regard, the First Party reserves the right to
choose an appropriate carrier.

10/3 The First Party shall provide furnished accommodation to the Second Party and shall pay the electricity and water bills and that monthly consumption does not exceed AED 500.

10/4 If suitable accommodation is not available in accordance with the Schools regulations,  the First Party will pay the Second Party a monthly accommodation allowance of 2,500 Dirhams, The Second Party shall submit certificate from the spouse / father company stating that the company
does not provide him/her with accommodation.
The First Party will provide the furnished accommodation or accommodation allowance only to one of the working spouse


5/10 The
First Party will pay The UAE National Staff a monthly social allowance under the approved law of the UAE.

10/6 The First Party shall provide the Second Party with medical care under the approved health
insurance system of the State.

10/7 The First Party shall pay all fees associated with entry and residence visas, and the medical examination of the Second Party at the beginning and upon each renewal of the residency visa. The First party will not pay such costs for members of the Second Partys family.
   
10/8 The First Party shall provide the Second Party with local transportation from home to work and return.
   
10/9 The First Party has the right to deduct from the financial entitlements of the Second Party any fees required covering his/her debts and financial obligations.

Leaves
 
Article (11)
 
Official and annual leave of the Second Party on gross salary:

11/1
The Second Party will be granted official holidays as directed by the State during the academic year.
   
11/2 Annual Leave: The Second Party is entitled to paid annual leave in accordance with the school calendar. The Second Party shall receive a one month of his/her gross salary for his/her annual leave in advance.
   
11/3 Sick Leave: The Second Party is entitled to paid sick leave of (10) working days each academic year. The First Party has the right to demand a certified medical report issued by the health authority concerned in the State if the sick leave amounts to more than one day. If the sick leave is more than (10) working days, the First Party shall decide whether to extend the sick leave by a similar period or less but such extension will be considered as unpaid leave, and whether the employment of the Second Party should continue. The Second Party shall not be entitled to his/her salary for sick leave if it is not approved by the concerned medical authority.

11/4 Maternity Leave: The Second Party is entitled to not more than 45 days of paid maternity leave starting from the date of delivery, provided that the Second Party has been employed for at least one year. If not, then, the Second Party shall be entitled to 22 calendar days.

1/5 Emergency Leave: The Second Party shall be allowed (5) working days of paid leave upon the death of an immediate next-of-kin.

Article (12)
 
The Second Party shall attend work every day, except during his/her leave. The conditions and procedures governing absence/leave are determined in accordance with the rules and regulations of Emirates National School.

 
Resignation

 
Article (13)

The Second Party does not have the right to resign after the end of the probation period, during the academic year. If the Second Party wishes to leave before the expiry of the contract, this shall entail the following:

13/1 The Second Party shall not be entitled to his/her end-of-service gratuity.

13/2 The expenses of the Second Partys return ticket to their permanent country of residence shall be incurred by the Second Party alone.
 
13/3 All expenses paid by the First Party to transport the Second Party from his/her place of recruitment to the UAE for employment (recruitment expenses, air ticket, medical examination charges and visa fees, etc.) shall be incurred by the Second Party.

13/4 The Second Party will be obliged to cover all the expenses of any training sessions in which he/she has participated during his/her service.


Termination of Contract

Article (14)

Without prejudicing the right of the First Party to terminate this contract for disciplinary or legal reasons that entail terminating service without written notice in accordance with applicable laws and regulations, the First Party may terminate this contract at any time after the probation period and is not obligated to provide any reason for termination by issuing one months
written notice to the Second Party.

14/1 If the First Party does not give the Second Party due notice of termination, or does not honor the notice period, the First Party shall grant the Second Party compensation equivalent to the
gross salary of the notice period or the part remaining thereof.

 
14/2 The First Party may relieve the Second Party of their duties during the notice period, provided that the First Party pays the Second Party his/her gross salary for this period or the part remaining thereof. This procedure shall not prejudice any other rights and entitlements stipulated by this contract.

Article (15)

The First Party has the right to terminate this contract without prior notice in the
following cases:

15/1 Gross negligence by the Second Party; breaking any condition of this contract; or not performing the obligations prescribed by this contract.
   
15/2 If the Second Party does not perform his/her duties, or if the Second Party is not prepared to execute the duties entrusted to him/her.

15/3 Non-observance of School policy(s) by the Second Party.

15/4 If the Second Party fails to commit to the rules of public order and morality in the UAE, or if the Second Party breaches laws and regulations, or violates observed tradition in the State.
   
15/5 If the Second Party leaves his/her job without observing the proper procedures regulating resignation.
 
15/6 If the Second Party commits an act of crime, or behaves in a way that incurs criminal liability.
 
In such cases, the Second Party shall not be entitled to his/her end-of-service gratuity or any other benefits, and shall bear the expenses of his/her return to their permanent country of residence, without prejudicing the right of the First Party to demand appropriate compensation.

End-of-Service Gratuity

Article (16)

Without prejudicing the clauses of this contract with respect to cases where the Second Party may be denied their end-of-service gratuity, the Second Party is entitled to an end-of-service gratuity equal to one months salary for every full academic year served, provided that the contract is honored to the end of its term. This gratuity shall be calculated on the basis of the last monthly salary amount to be received by the Second Party.

Terms and Conditions

 
Article (17)
   
All the laws, by-laws and regulations effective in the Emirates National School apply, unless otherwise provided for in this contract.

Article (18)
 
All previous agreements, correspondence, or undertakings that conflict with this contract and its regulations shall hereby by considered null and void. This contract is complete and cannot be amended without the consent of both parties.

 
Article (19)

The courts of the Emirate of Abu Dhabi shall adjudicate any dispute arising from the application of
clauses of this contract. The First Party has the right to follow up the execution of judgments passed on the Second Party via Interpol if necessary.

Article (20)
 
Two copies of this contract have been issued, with each copy containing Arabic and English
texts, and each party has been issued with a copy. The Arabic text shall be legally considered the reliable version rather than the English, should any discrepancies exist between the two versions.
 
First Party
 
Chairman of the Board of Directors

Signature: ....................................................................  

Director General
 
Signature: ....................................................................  
 
 
Director of Administration & Finance
 
Signature: ....................................................................  
 
Second Party
 
Signature: ....................................................................  
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