Hypothectically breaking a contract.

[notasmartassknowitallfarag]

My two year contract has severe fines for breaking the contract. At least a months salary- is that normal? 

 

I have no intention to break contract but nobody knows what your school will be like and the relationships you will have there.If they were very bad I would still do a year. 

 

Could you just leave ( not saying anything) after a year fully paid and would you be allowed back to Thailand as a tourist if so? Or what would be the ramifications for this. 

 

As the title states, this is only hypothectically speaking.But knowledge I would like to acquire if anyone can help. 

[12DrinkMore]

A month's salary is hardly severe.

 

A fair number of English teachers just get up and leave after receiving a pay check. I consider it to be fair play, some of the schools are not very nice to the English teachers.

 

It would not affect coming back to Thailand as a tourist.

[Colabamumbai]

Leave after your last months payment..I taught for 7years.

[Herbe]

I taught for 11 years, gave 6 months notice. I didn't even get a Thank You or any severance pay.

[manarak]

2 minutes ago, Herbe said:

I taught for 11 years, gave 6 months notice. I didn't even get a Thank You or any severance pay.

what? you expect severance pay when you leave by yourself ??

[manarak]

OP: yes, fixed term contracts usually carry penalties for breaking the contract unless both parties agree to terminate it.

Check if your contract also says that your employer must pay a penalty to you if he decides to terminate the contract early?

As a principle, contracts should be more or less balanced in their penalties to each side in case of breach.

I also agree that one month of wages is not a big penalty.

Edited January 25, 2018 by manarak

[samsensam]

5 minutes ago, Herbe said:

I taught for 11 years, gave 6 months notice. I didn't even get a Thank You or any severance pay.

 

if you leave voluntarily why would you get severance pay?

[Herbe]

I gave six months notice so that they could prepare for a replacement. I left for medical reasons.   They knew this, but come on not even a thank you for your service, an unblemished service I might add!!

 

[kingstonkid]

Staying as a tourist may not be an issue but getting another job of any kind especially as a teacher could be really hard if they get you a WP.  To either get it transferred or to get a new one you would need them to release you from the one they gave you.

 

As a business person I am not going to invest time and money into you if there are not guarantees.  The one thing that you should have in it is that you can be released under mutual agreement with 30-40 days notice.  

 

This gives them the ability to get rid of you if it is not working out and still allows them to find a replacement.

[johnnybangkok]

This sort of stipulation in an employment contract would be very difficult to enforce through a court (notwithstanding the costs to recovery ratio) and certainly wouldn't have any impact on your ability to re-enter the country. Schools do this as it's seen as a way to try and stop people breaking the contract but the reality is it's nothing more than scaremongering and has very little legal ramifications. As suggested in previous posts, if you want to leave then just wait until you are paid at the end of the month and then just leave. They won't do anything.  

[DavisH]

The school could notify that you have broken your contract and contact the Labour department and cancel your work permit. Once that is canceled you need to leave the country that day (or 7 days if you get an extension). The extension of stay based on work ceases, once the job ceases. Immigration and the Labour Department will know this if they decide to contact them. The TCT would also be contacted regarding your teacher's license. Getting another job, especially in the same province, could be quite difficult. This is the worst-case scenario. The school may do nothing, but questions may be asked if one wants to apply for another job (and new visa/WP/TL).

[notasmartassknowitallfarag]

It is an international school so not English teaching. Would this change the outcome? 

 

Even if you gave 3 months notice, they would still fine you for breach of contract and probably not give you a reference. So I would think it is better to just leave once you get your salary? 

[Tofer]

It would appear very short sighted of the schools to impose such a penalty, as this only encourages teachers to leave without notice after payday, as noted in a few posts already.

 

I would point this out and agree a 3 month notice period from both sides without penalty, with the exception of disciplinary dismissals.

[Rhys]

Depends when they give you your next contract... the week before it is up... the day before it is up...