4. TESOL & The Law*
This is an ideal topic for those about to enter the profession. All ESL/TESL practitioners will be entering a different legal jurisdiction to that with which they are familiar. Understanding legal processes and laws that effect a TEFL teacher's sojourn will make your teaching experience that much more successful. This unit is also useful for the experienced practitioner who has become familiar with relevant laws and wants to enhance his/her legal knowledge of the laws affecting the profession.

Required Reading:-

The EFL-Law.Com Book.
Chapter 9.
Chapter 11.
Chapter 12.
Chapter 13.

Suggested Reading:-
Chapter 5
Chapter 6
Chapter 8
Chapter 14.

Web links:

The principles found on these pages are of general purport and not only for any one country. Remember, some contracts may have local laws that override or modify contracts.

For an analysis of the legal principles of TESOL Contract, visit the TESOL-Law Journal and read 'Contract Issues for TESOL Teachers, (Alcott).
http://www.tesol-law.com

also see
http://www.efl-law.com/contracts.php
also see the Legal Forums Contracts for an idea of problems and solutions prevalent in the TEFL profession.
http://www.efl-law.org/forums (N.B. This is paid Members site)
Listen to attorneys discussing problems within the TEFL industry.
http://www.hogwan.org/radio.php

Some laws that are globally common to EFL teachers are:-
Labor Laws
Health Insurance Laws
Pension contribution laws
Taxation Laws
Immigration laws

Course Supervisors:

Mr. Tom Davidson (attorney Hong Kong)
Mr. Scott Hayes (attorney U.K.)

Your assignment:

Remember - your answer is free to develop and explore any ideas that you believe should be written into the document.

Question 1.
You have been to asked to work in a country where English is not the native tongue as an English teacher. You have been presented with this contract and advised you can add or delete clauses you are concerned with. Examine the contract and rewrite the contract as you feel is necessary. You must support your contract with 'notes' as to the purpose of the addition or deletion.
TESOL-Law Journal (link)

-OR-

Question 2.
What advice would you give to the problems raised in Chapter 7 of the required reading; Problem #4 and #13.
First consider:-
What is/are the problems
What heads of law most probably cover this situation
What are the remedies available - legal, non legal.
Other suggestions to resolve the conflict

-OR-

After reading the article on Academic Malpractice in TESOL
'Educational Malpractice in TESOL' (Robertson and Jung) TESOL Law Journal
http://www.tesol-law.com/Vol_1_2006_jj&pr.php
answer the following question.
"Academic malpractice is a developing field of importance to the TESOL practitioner. What are the main issues involved, and what steps can a TESOL teacher take to ensure he/she/the school is taking steps to avoid the possibility of a law suit?"

Module Statement of Purpose: TESOL & The Law
This unique topic is offered in a world first. Over a million teachers enter the profession of EFL/TEFL yearly. The greater majority will travel to a foreign jurisdiction, often a jurisdiction where the rule of law is vastly different and possibly not as developed as western systems of law. It is absolutely essential the teacher be prepared with a basic legal knowledge of what he/she is entering into.

Module Description: TESOL & The Law
The basis of the course is the only book on the market, The EFL-Law Story. This book will prepare the practitioner for a large variety of legal situations that have a high probability of being encountered.

Module Goals: TESOL & The Law
By successfully completing the Law unit you will have improved understanding in these areas:
1. Your basic understanding of the laws that control your overseas sojourn
2. A working knowledge of TEFL contracts and how to negotiate for better contracts
3. A sound knowledge of the legal principles that will guide your sojourn
4. An understanding of how to assess legal problems that you may encounter, and how to deal with problems in an efficient and successful method

Instructional Methods: TESOL & The Law
1. Students will read the only book published to-date on this topic.
2. Materials have been prepared by three international attorneys with vast experience in the EFL/TEFL world - these form the basis of the course. Students are encouraged to source widely - legal problems for the teaching profession are increasing and increasing in complexity. Forums provide valuable material.
3. Students will be able to go to the Forums and raise and argue points of view
4. Assessment is based on written work. The Forums will manned by our three attorneys who will give guidance over the web.

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