Filing a complaint for unfair dismissal

[markusss]

I was recently given notice by my school under the order of the headmaster there that I was no longer needed, and to  start looking for another teaching job with no explanation as to why and with no written warning process implemented. I have worked there for 2 years. They offered me no severance pay. They are trying to make me sign the work permit cancellation form which they originally dated under the  'Date of Resignation' section as March. I have chosen not to sign it at this point until the date is amended to April 30, the date my work permit expires, along with 90 days severance and a termination letter which I need to process at immigration to cancel my visa and 90 day extension. I'm in the process of claiming 90 days severance which I understand I'm legally entitled to under the Labor Protection Act (1998) (the LPA), section 118 for termination without cause.

 

Since my request to receive 90 days severance they have asked that I go to the school to speak with their office staff. I believe they may try to pressure me or even bully me, or even wriggle out of it by trying to offer my job back, which I could not possibly accept after feeling so dejected for being fired by them. Is it best for me to refuse this request to go and meet them?

 

Assuming that the school refuses to pay severance, what's the correct procedure to file a complaint to the Thai labor department? I understand I have 60 days to file it.

 

Thank you.

[Martouf]

When does your contract end ?


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[overherebc]

You must go to your local labour office.

Sign nothing at the school

Discuss nothing with the school.

Get your ducks in a row with the labour office first.

If you have a copy of your contract take that as well, they will pick out any illegal parts of it as well.

Edited April 4, 2018 by overherebc

[markusss]

2 minutes ago, overherebc said:

You must go to your local labour office.

Sign nothing at the school

Discuss nothing with the school.

Get your ducks in a row with the labour office first.

I live in Sathorn area. Is there a local labor office in that area where I can discuss the situation with them or file a complaint?

Thank you

[overherebc]

9 minutes ago, Martouf said:

When does your contract end ?


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Contract finish date doesn't have a lot to do with it.

[overherebc]

1 minute ago, markusss said:

I live in Sathorn area. Is there a local labor office in that area where I can discuss the situation with them or file a complaint?

Thank you

Sorry I'm not a Bangkokian.

Try google labour office bkk.

I think there is one not far from DinDeang.

[Martouf]

Contract finish date doesn't have a lot to do with it.

It may do if at the end of a fixed term contract - I am interested in this thread as I am in a similar situation after 3 1/2 years because an agency is taking over


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[markusss]

Just now, overherebc said:

Sorry I'm not a Bangkokian.

Try google labour office bkk.

I think there is one not far from DinDeang.

Okay. Thank you so much for your advice and help.

[overherebc]

9 minutes ago, Martouf said:

It may do if at the end of a fixed term contract - I am interested in this thread as I am in a similar situation after 3 1/2 years because an agency is taking over


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You need to search more on fixed term contracts. They are only allowed under certain conditions.

My wife finished two contracts with the same company over 7 years and at the end had to go to the labour court for severence payment. They based their findings on a 7 year period of unbroken tax records and awarded severence.

Edited April 4, 2018 by overherebc

[Martouf]

You need to search more on fixed term contracts. They are only allowed under certain conditions.
My wife finished two contracts with the same company over 7 years and at the end had to go to the labour court for severence payment. They based their findings on a 7 year period of unbroken tax records and awarded severence.

I’m a teacher - I have read several reports and one seems possible. I commented because I am curious !!


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[overherebc]

1 hour ago, Martouf said:

I’m a teacher - I have read several reports and one seems possible. I commented because I am curious !!


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AFAIK short term contracts can be used if the need is for work that is short term and not the general requirement of the companies main business.

An extreme example may  be someone employed by the school to repair and renovate the toilets.

Employing teachers is the main reason for the business, not toilet renovation.

In addition having teachers sign a new contract every year for 5 years does not mean they don't need to pay severence at the end based on 5 years work.

If you resign then all bets are 'off' 

Edited April 4, 2018 by overherebc

[blackcab]

@markusss

 

You want the Central Labour Court on Rama IV.

 

https://goo.gl/maps/XFarGqR8Jnq

 

Unless your Thai is good I suggest taking a Thai speaker with you.

Edited April 4, 2018 by blackcab

[overherebc]

8 minutes ago, blackcab said:

@markusss

 

You want the Central Labour Court on Rama IV.

 

https://goo.gl/maps/XFarGqR8Jnq

 

Unless your Thai is good I suggest taking a Thai speaker with you.

And not someone from the school I would like to add if you don't me adding.

Best intentions.

[markusss]

3 minutes ago, overherebc said:

And not someone from the school I would like to add if you don't me adding.

Best intentions.

Got it. I assume I would need to take my work permit in with me but the school has it. They keep all foreign teacher's WPs at the school. That includes anything else the labor court may need. All  I have is my passport with valid visa which has the school's name written beside it, 90 day extension, and a photo copy of my work permit.

 

[overherebc]

5 minutes ago, markusss said:

Got it. I assume I would need to take my work permit in with me but the school has it. They keep all foreign teacher's WPs at the school. That includes anything else the labor court may need. All  I have is my passport with valid visa which has the school's name written beside it, 90 day extension, and a photo copy of my work permit.

 

I would go with what you have and take it from there.

[overherebc]

1 hour ago, overherebc said:

I would go with what you have and take it from there.

To Roydee,

are you just sad and confused about everything?

[mstevens]

Employers in Thailand can let you go for any reason or even no reason - but they have to pay severance pay as required by law.

 

The Labour Department office at Din Daeng is very helpful to people in your situation.  Drop by and have a chat with them.  Do NOT sign any documents or anything the school may try and coerce or trick you in to signing.

 

Good luck, and let us know how it goes!

[blackcab]

You don't need your work permit.

 

The school will be summoned and will have to supply the documents to the Court anyway.

 

For future reference, always get a copy/scan of every page of your work permit.

[overherebc]

14 minutes ago, blackcab said:

You don't need your work permit.

 

The school will be summoned and will have to supply the documents to the Court anyway.

 

For future reference, always get a copy/scan of every page of your work permit.

You might find that the school will back down when they know you have been to the Labour office, many do, and will offer a compromise if you sign off.

It might sound good but you will probably never see it.

[markusss]

1 hour ago, overherebc said:

You might find that the school will back down when they know you have been to the Labour office, many do, and will offer a compromise if you sign off.

It might sound good but you will probably never see it.

I will be happy to receive 90 days severance rather than go the whole 9 yards. It's been a pretty stressful time for me.

 

So  should I start this procedure at the Labour Department office at Din Daeng or at Central Labour Court on Rama IV?

[overherebc]

29 minutes ago, markusss said:

I will be happy to receive 90 days severance rather than go the whole 9 yards. It's been a pretty stressful time for me.

 

So  should I start this procedure at the Labour Department office at Din Daeng or at Central Labour Court on Rama IV?

Only from reports, DinDaeng.

Don't get stressed about the Labour office. In 99% of cases they are on the workers side.

Edited April 5, 2018 by overherebc

[riclag]

 It might be worth it to you researching, "once your work has expired you must immediately leave the country". I stand to be corrected

[overherebc]

6 hours ago, mstevens said:

Employers in Thailand can let you go for any reason or even no reason - but they have to pay severance pay as required by law.

 

The Labour Department office at Din Daeng is very helpful to people in your situation.  Drop by and have a chat with them.  Do NOT sign any documents or anything the school may try and coerce or trick you in to signing.

 

Good luck, and let us know how it goes!

Some of the things I've been told by teachers that they believed.

My school told me teachers don't get paid enough to come under the labour laws.

Labour laws only cover workers in industry.

Because I sign a new contract every year labour laws don't apply.

Labour laws only apply to Thai people.

Labour laws only apply if there are more than 50 people working.

Many more, I can't remember them all.

[overherebc]

2 hours ago, riclag said:

 It might be worth it to you researching, "once your work has expired you must immediately leave the country". I stand to be corrected

If you are working and you have an extension of stay ie, you or your employer do 90 day reports at Imm' then that extension of stay finishes on the day your work officially finishes. You can apply for an extension at that time which will be refused but you will be given 7 days ( 1900 baht ) to get things together.

Some employers rely on this knowing 99% of teachers will panic and forget about severance etc and just leave.

That's why it's essential to get to the labour office ASAP and find out exactly where you stand.

You can always do a quick flight out and in, KL can be done in a day and get 30 days visa exempt to continue fighting for what is rightfully yours.

[4evermaat]

Contract finish date doesn't have a lot to do with it.

So then what's the point of a contract then?

 

If the job is finished, and there is no renewal offered, isnt it a done deal?

 

Could you please elaborate on how severance works? (how its calculated)

 

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[stud858]

I hate to be a stickler, but I'm very interested to know what the outcome is.

I've got a feeling the school will win out. Those who have the most money and perceived power hold the upper hand.Please keep us updated and best of luck.

[overherebc]

2 minutes ago, stud858 said:

I hate to be a stickler, but I'm very interested to know what the outcome is.

I've got a feeling the school will win out. Those who have the most money and perceived power hold the upper hand.Please keep us updated and best of luck.

Labour office/court.

[overherebc]

15 minutes ago, 4evermaat said:

So then what's the point of a contract then?

 

If the job is finished, and there is no renewal offered, isnt it a done deal?

 

Could you please elaborate on how severance works? (how its calculated)

 

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Google severance payments in Thailand.

Then google short term contracts in Thailand.

 

After three months work one months severance.

After 1 year but less than 3 years 3 months severance.

 

Also check

Tilleke and Gibbens. Contract work in Thailand.

Edited April 5, 2018 by overherebc

[overherebc]

49 minutes ago, stud858 said:

I hate to be a stickler, but I'm very interested to know what the outcome is.

I've got a feeling the school will win out. Those who have the most money and perceived power hold the upper hand.Please keep us updated and best of luck.

It isn't the individual against the school.

It's the Labour office against the school.

[Prince77]

19 hours ago, markusss said:

Got it. I assume I would need to take my work permit in with me but the school has it. They keep all foreign teacher's WPs at the school. That includes anything else the labor court may need. All  I have is my passport with valid visa which has the school's name written beside it, 90 day extension, and a photo copy of my work permit.

 

Don't forget to take the notice received from headmaster (letter of termination?) with you. That is essential to proof unlawful termination and basis for severance pay.