Soon, the school year will end. Administrators may want to cut costs and avoid paying foreigners for unproductive months... One can expect to hear of mass terminations.

 

• At my private school, 90 days' notice is required.
• Some are still in the probationary period, others aren't.

 

Q: What is a legally waterproof way to terminate teachers outside the probationary period?

 

The thing is, the school wants to delay payment till after the terminations. Mmm.

 

I thought that after the probationary period, they should i. synchronize the terminations with the pay cycle and ii. add severance.

During the probation period, the person can be released from employment without cause, although it's a good idea for an employer to have a reason.   There have been employers who hire people and then fire them at the end of probation as a way of minimizing costs.   I don't know any schools that have done this, but I have heard of a case where this was standard operating procedure.   I believe they got into some trouble with the law over this practice.

 

After probation, there needs to be cause and the cause needs to be in writing and unless it particularly egregious, the person needs to have some time to correct the deficiency.   I believe 3 warnings are to be given before termination.  

 

Private schools do not have to pay severance.   Some situations I am aware of employees who were terminated without going through the proper procedures were given pay, but it was severance, for example, they may be given pay to the end of the contract, since they were unfairly dismissed.

 

 

On 2/27/2019 at 4:02 AM, Scott said:

During the probation period, the person can be released from employment without cause, although it's a good idea for an employer to have a reason.   There have been employers who hire people and then fire them at the end of probation as a way of minimizing costs.   I don't know any schools that have done this, but I have heard of a case where this was standard operating procedure.   I believe they got into some trouble with the law over this practice.

 

After probation, there needs to be cause and the cause needs to be in writing and unless it particularly egregious, the person needs to have some time to correct the deficiency.   I believe 3 warnings are to be given before termination.  

 

Private schools do not have to pay severance.   Some situations I am aware of employees who were terminated without going through the proper procedures were given pay, but it was severance, for example, they may be given pay to the end of the contract, since they were unfairly dismissed.

 

 

Excuse me, Scott: have you read the Private Schools' Act?   You have got this wrong. But time will tell as I managed to get a hearing later this week. 

 

 

1 hour ago, WonnabeBiker said:

Excuse me, Scott: have you read the Private Schools' Act?   You have got this wrong. But time will tell as I managed to get a hearing later this week. 

 

 

We have heard that for the past 20 years on the forum, but to date not one situation has been approved.   As I stated, employees can and have been paid for unfair dismissal, but not given severance.  

 

^ That is my experience too.  A fellow I knew some years back was not rehired for the next year and sued the school.  A friend attended the trial/hearing/whatever and heard the judge say 'Private schools are not covered by the Employment Act' or words to that effect.

 

After winning the suit, the owner of the school gave the ex-teacher a month's severance pay.

I successfully sued an international school for severance. Get your lawyer or a Thai speaker to search supreme court past cases. 6 foreign teachers took an international school in pattaya to court for non renewal of contract & all won severance. I used this case precedent to win my case. The private school act states foreigners arent eligible for severance but also can't get less than labour law. The supreme court interpreted this as labour law applies here. Once a teacher shows this case to s labour court they will win.

Just to add the supreme court case judgement in favour of the foreign teachers in awarding severance for non renewal of contracts was in 2014. Most labour courts don't automatically know about this case so print it off. It was against an international school in Pattaya. It was originally held by Chonburi labour court & won on appeal by the teachers at the supreme court.

 

The relevant act that applies to private schools does not apply to international schools.  

The private school act applies to International Schools. I know as I used the act & the 2014 supreme court judgement to prove entitlement to severance. Labour law & supreme court judgements also apply to both private & international schools.

On 3/3/2019 at 8:20 AM, WonnabeBiker said:

Excuse me, Scott: have you read the Private Schools' Act?   You have got this wrong. But time will tell as I managed to get a hearing later this week. 

 

 

Got any link on how the severance pay is computed for a person who has worked at a government school for 12 years... What other benefits come with a stay this long? Do i qualify for these perks even if i only get a yearly contract?

If you have 12 years continuous employment & you are unfairly dismissed or your contract is not renewed you are entitled to 10 months severance pay. If the school fails to pay they are liable for an additional 15%. This is according to labour law & my experience at private/international schools. If the OP wants the 2014 supreme court case he can pm me.

12 years before can get justice and compensation ? Sums up
The value of a teacher


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18 minutes ago, wreckingcountry said:

12 years before can get justice and compensation ? Sums up
The value of a teacher


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If your referring to the post immediately above yours then read it again and get it correct.

If your referring to the post immediately above yours then read it again and get it correct.

I read it ! It’s 12 years and that’s a ridiculous length of time so , 2 3 4 5 6 7 8 9 10 or 11 not long enough ? Why ?


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10 minutes ago, wreckingcountry said:

I read it ! It’s 12 years and that’s a ridiculous length of time so , 2 3 4 5 6 7 8 9 10 or 11 not long enough ? Why ?


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Your obviously not following the conversation. Please re read and follow the previous posts too.

It's my understanding that severance pay begins at 1 yr but less than 3 = 3months pay, 3yrs but less than 6yrs (iirc) = 6 months pay.

https://www.interactivethailand.com/labour/severance-pay-in-thailand/

 

@sensei 

Jor – An employee who has worked for more than 10 years consecutively shall be paid severance pay for not less than 300 days at the most recent rate of basic pay or the basic pay received in respect of the preceeding 300 days in the case of an employee who receives his basic pay based upon his output

On 3/3/2019 at 9:47 AM, Scott said:

We have heard that for the past 20 years on the forum, but to date not one situation has been approved.   As I stated, employees can and have been paid for unfair dismissal, but not given severance.  

 

"We have heard that for the past 20 years on the forum..."

 

In other words you basing your categoric statement on posts to a public (often incorrect) forum. 

12 minutes ago, scorecard said:

"We have heard that for the past 20 years on the forum..."

 

In other words you basing your categoric statement on posts to a public (often incorrect) forum. 

Yes, as well as 25+ years of administrative work, including involvement in numerous law suits.  

 

I am quite well aware of how people interpret the law, but in my experience, that is now how it has played out in my experience.  

 

Over the years many people have posted that they had hired a lawyer or gone to the labor court, but none of them reported back that they received severance.   A few received money, but it was such things as unfair dismissal.

 

https://www.interactivethailand.com/labour/severance-pay-in-thailand/

 

I just want some clarification about this. 

Does this apply to a teacher who teaches at a government school?

 

If in case the school terminates my contract, is it the school who will be obliged to pay?