Winning Severance in the Labour Court

[Big Guns]

Some people on this forum believe its not possible to gain severance for non renewal of a fixed term contract in the case of a foreigner at a Private/International School. I can prove this is untrue. In 2014 the Supreme Court ruled in favour of 6 plaintiffs at an International School in Pattaya and ordered that the school must pay them severance. The judge ruled that the clause in the private school act that prevents foreign teachers at private/international schools from being awarded severance clashes with labout law. The court ruled that labour law takes precedence over the private school act.

 

I took an international school to court as they reduced my benefits so I wouldn't sign the new employment contract and I worked until the last date of the existing contract. The school tried to defend itself with the private school act. When I produced the supreme court ruling the judge stated that I had a case for severance for my 10 years of working at the school. In the end a compromise agreement was signed and I received what I was owed. The school signed an agreement to pay me the agreed sum plus and employment letter and verbally agreed to give me an excellent reference.

 

The case should have been finished. However, the school decided to give me an average reference which also contained a paragraph with a hidden/slanderous meaning, they also gave me an employment letter which broke employment law by stating the schools incorrect reasons as to why they thought I had left. I filed with the court again as they had broken the agreement. I had 2 mediation sessions and they finally agreed to make the changes but wouldn't pay damages. When it went to court the judge stated the headmaster had acted unethically and had slandered me and awarded damages I also received an excellent reference. He also ruled that the agreement doesn't expire and if they try to give me a poor verbal or written reference in future I can sue again

 

To those that say that labour courts have ruled against teachers at private schools/international schools in the past I agree that's true. Initially the advisors at Rayong labour department said I didn't have a case until I produced the Supreme Court ruling. So if you're ever in the unfortunate position that you have to file a claim for severance ask a Thai speaker to search the Supreme Court records for the ruling. In addition, if you go to court and agree to a settlement get an iron clad agreement that covers everything you want including references.

 

I hope this helps anyone who finds themselves in the same unfortunate position I was in.

[LazySlipper]

On 5/8/2019 at 11:28 AM, Big Guns said:

I hope this helps anyone who finds themselves in the same unfortunate position I was in.

Why don't you put it as file here, or add a link.

[Big Guns]

I have attached a translation of the judgement of the Supreme court against an International School in Pattaya. The judge awarded severance to be paid for all seven plaintiffs. The translation is Google translate so it isn't perfect. I'll add the original Thai version at a later date.

My case was slightly different as I had been a naturalised Thai citizen for 12 months and the school didn't want to pay full severance for my 10 years of employment at the school. On seeing the Supreme Court Judgement the labour court judge immediately sided with me and agreed that severance for the full 10 years was due in my case.

It is clear now that severance is due if a foreign teacher's fixed term contract ends and it is not renewed. I would also state for older foreign teachers reaching retirement age as stipulated in the work rules of your school you can use this case to gain severance on retirement.

I would advise all foreign teachers who have  a fixed term contract not to resign or sign a waiver stating they will not take the school to court. I have known a couple of former colleagues do this which prevents them making a claim. If you go to court and agree on a settlement before the court reaches a judgment make sure you insert a clause in the agreement that you want an excellent reference and the school won't try and prevent you from getting a job. I'm glad I did this as I had to take my former employer to court again for a reference that the judge said amounted to slander.

I hope this is of help to teachers.

Judgment of the Supreme Court 18406_Full Version.docx

[Scott]

Thank you for posting that.   It has the potential to have a huge impact on a lot of teachers.   Please post the Thai version when possible.   I think some Thai administrators need to be aware of this.  

 

[thequietman]

1 hour ago, Scott said:

Thank you for posting that.   It has the potential to have a huge impact on a lot of teachers.   Please post the Thai version when possible.   I think some Thai administrators need to be aware of this.  

 

Are government schools exempt from paying severance on numerous fixed term contracts Scott? or can this be used in that instance as well?

[Scott]

Sorry, I have no idea.   Those that I am aware of that went to Labor Court have always lost severance claims.   This ruling, however, appears to be an appeal to an earlier ruling.   I would suspect that it would include gov't schools.   The applicable law that was always cited was an exemption for Private Schools under the Private School Act.  

 

[TallGuyJohninBKK]

On 5/8/2019 at 11:28 AM, Big Guns said:

I hope this helps anyone who finds themselves in the same unfortunate position I was in.

 

OP, do you know if the school involved has actually paid any or all of the teachers involved the varying sums ordered by the court?

 

Here in Thailand, getting a court ruling is one thing. But getting the functionaries involved to actually comply with the ruling is often an entirely different matter.

 

 

Edited June 17, 2019 by TallGuyJohninBKK

[Big Guns]

I know for certain that I was paid ????. As for the case I cited as it was a Supreme Court Judgement so it can't be appealed. I don't think the school would've been foolish enough not to pay as they would've incurred further intetest charges. As its a smallish international school in Pattaya I would've thought they wouldn't want an increased bill.

[PiBret]

On 6/18/2019 at 1:08 AM, Scott said:

Sorry, I have no idea.   Those that I am aware of that went to Labor Court have always lost severance claims.   This ruling, however, appears to be an appeal to an earlier ruling.   I would suspect that it would include gov't schools.   The applicable law that was always cited was an exemption for Private Schools under the Private School Act.  

 

All the teachers I have known have won, most without going to court.

[WonnabeBiker]

Kudos for sharing. I can second the OP and have good things to tell about the Labour Courts and how they work. (Very pragmatic and efficient and fast). 

[stament]

I know someone who successfully sued a private school in Chiang Mai just last year....

[BurgerGung]

OP, what about getting help with the translation? Does the court help Plaintiffs?

[Big Guns]

The labour court won't help with translations you'll need a translation service for that. The staff at the labour court will advise before you submit your case. This will be in Thai so you'll need a translator if you're not fluent. They are very helpful in my experience. Before the case is heard there will be arbitration first which can be one or two sessions. The labour court is free and your employer can't force you to pay their costs if you lose and vice versa. I know of a former colleague who'd worked at the same international school as me for 3 years and didn't have his contract renewed this year and just accepted it and didn't take them to court. He would have been awarded 6 months salary plus 15% interest per year if he'd gone to court. If seems like many schools bank on the fear and ignorance of teaching staff and continue with the practice of not renewing contracts.

[smileplur]

For those who wanted the court case summary in Thai, please see the document with the Thai year.  For those who might want a slightly better translation, see the file with the western year.

18406 - 18412_2014.pdf 18406 - 18412_2557.pdf

[otherstuff1957]

I have known two people who sued private schools for severance pay.  One lost and one won. 

 

I believe that following precedence is not as strictly followed in Thai courts as it is in Western courts.  Instead, each case is expected to be judged on its own merits.  Unfortunately, this leads to inconsistent and confusing verdicts.

[onlycw]

Before you go to Labour Court, you should obtain a document from OPEC for your private schools. (Government school? => Go to Administrative Court and pay 2% of the amount you are claiming).

 

Another issue could be jurisdiction. Bangkok's Labour Court is not serving PAthumthani ???? Go to Saraburi...