Can an agency create a contract that goes against Thai law?

[zyphodb]

On 4/29/2020 at 5:30 PM, teacherclaire said:

Thanks for your time. I'd never ever sign a contract with such an agency. i can easily get a job working directly for a school with all the goodies that come with it.

 

  I'm only trying to help a friend who's less qualified on paper. Her English isn't bad, but she doesn't have a TL and she's worked for a couple of years and the waivers are used up.

 

   

 

  

If she has a BA in anything she should get six years of waivers, If she's prepared to find another job she could take the contract to the local Thai Labour office, (where you get your work permit from), who, as someone else said maybe surprisingly, are on the side of the workers.

 This would totally "put the cat amonst the pigeons" for the agency, which needs to be done by the sound of it...

[scorecard]

On 4/29/2020 at 7:53 PM, teacherclaire said:

I have two degrees and would even receive a teacher's license.

 

 I'd never work without a work permit, but I've heard that certain agencies let foreigners work on tourist visas.

 

I understand that it's all about money and I hope that certain agencies are soon out of business and hire directly.

 

    

 

   

Back to your original question, in Thailand as in 99% - 100% of all other countries you cannot write, sign, execute a contract which contains anything which is in fact illegal.

 

Example often given in 1st year law; a contract to kill someone can never be a legal contract no matter how it is written (or verbal) because it contains something which is illegal (murder). 

 

The Thai labour law is actually well written (most of it is a copy of well respected labour laws of a couple of other countries).

 

And where a case goes to court the judges have a reputation of being very professional, very specific as to the law involved in the case, and giving strong respect / leaning to the employee. involved.

[thequietman]

47 minutes ago, zyphodb said:

If she has a BA in anything she should get six years of waivers, If she's prepared to find another job she could take the contract to the local Thai Labour office, (where you get your work permit from), who, as someone else said maybe surprisingly, are on the side of the workers.

 This would totally "put the cat amonst the pigeons" for the agency, which needs to be done by the sound of it...

You would think - but my Gov uni for example, has additions in my contract that are clearly illegal and go against Thai labour law.

 

They are there clearly seen, and yet the WP office issues a WP on the strength of said document!

 

I have said to the young lady who processes our WP's, that what is contained within, is clearly illegal and so, the contract is null and void.

 

You just get that silly grin that they all do. Amazing!

[teacherclaire]

7 hours ago, Scott said:

If you wish to post a copy of a contract it cannot have any information which would identify the school/agency, where it is located or any personal information.   `

 

That's fine. Thank you very much. 

[teacherclaire]

5 hours ago, scorecard said:

Back to your original question, in Thailand as in 99% - 100% of all other countries you cannot write, sign, execute a contract which contains anything which is in fact illegal.

 

Example often given in 1st year law; a contract to kill someone can never be a legal contract no matter how it is written (or verbal) because it contains something which is illegal (murder). 

 

The Thai labour law is actually well written (most of it is a copy of well respected labour laws of a couple of other countries).

 

And where a case goes to court the judges have a reputation of being very professional, very specific as to the law involved in the case, and giving strong respect / leaning to the employee. involved.

Thank you, that sounds promising. 

[teacherclaire]

5 hours ago, zyphodb said:

If she has a BA in anything she should get six years of waivers, If she's prepared to find another job she could take the contract to the local Thai Labour office, (where you get your work permit from), who, as someone else said maybe surprisingly, are on the side of the workers.

 This would totally "put the cat amonst the pigeons" for the agency, which needs to be done by the sound of it...

A great post. The labor department NEVER receives such a strange contract, only a copy in Thai that's totally different/.