Going to the labor department

[username415]

The director kept two months of our pay and is not budging on giving it to us.  Does anyone know how we go to the labor department to make a formal complaint/dispute and see about getting him ordered to pay us?

[allane]

I presume you have a Work Permit. Put your complaint in writing, and attach copies of any supporting documentation you may have, such as your contract and any written communication on the subject.

[username415]

Thanks for the info.  Yes, I do have a work permit.  

 

Has anyone here done this, or something similar before? 

[allane]

I have no personal experience, but have read various reports from foreigners saying the Labour Dept. is very helpful. Some have even said that a telephone call from the Labour Dept. to the school has been enough to solve the problem.

[moontang]

2 hours ago, username415 said:

Thanks for the info.  Yes, I do have a work permit.  

 

Has anyone here done this, or something similar before? 

Do you have a copy of your contract?  If you are talking about pay for months school was closed, you may not be entitled to it.  There were even specific laws in the US to prevent school employees from collecting unemployment once the school year ended.  If you give more specifics, you will get good answers.  A number of foreign teachers have won in Labour Court, but usually it involved severance pay.  I would make most of those bastards pay me first, or at least take care of all my paperwork at their expense, without a hellish minibus trip to Vientiane.

[username415]

We agreed to not be paid while school was closed, but that was under the assumption that the missed months would just be canceled and we would keep the old calendar.   They just moved the missed months to October and March though so we'll be teaching the full 12 months worth of teaching but only getting paid 10 months. 

 

The contract has the agreement to not be paid but also includes no students in October and March.

[moontang]

59 minutes ago, username415 said:

We agreed to not be paid while school was closed, but that was under the assumption that the missed months would just be canceled and we would keep the old calendar.   They just moved the missed months to October and March though so we'll be teaching the full 12 months worth of teaching but only getting paid 10 months. 

 

The contract has the agreement to not be paid but also includes no students in October and March.

What months will you be teaching, and not getting paid?

[username415]

Every contract has always been 12 months, which includes 9 months of teaching and 3 months of paid holiday.  The holiday usually comes in October, March and April.  

 

This contract is 12 months, which includes the usual 9 months of teaching but we were unpaid for 2 months, May and June.  We will teach October and March to make up the lost time.  The students paid the same fees as every year in the past, we will teach the same amount as every year in the past, why should we be paid 2 months less?

Edited July 16, 2020 by username415

[moontang]

The 10 month contract becomes more popular every year, and I don't believe anyone has won in court disputing that.  I was always amazed at the large number of teachers who insisted on getting paid over 12 months, instead of getting paid more for ten months.  Responsible enough to teach 200 students, but not responsible enough to plan for Summer bills or even finding a temp job for the Summer...

 

What was included in prior contracts is almost irrelevant.  I knew a guy, who was making 18 an hour cleaning jets for Delta.  Delta simply created a new company, and awarded them the contract to clean.  All the laid off staff were offered jobs with the new company.  They came back to work the following Monday, cleaning the same planes, at the same location, using the same equipment..for 8.50 per hour.  All legal, and those, who didn't join got a strike mark against them for not accepting offered positions, so collecting unemployment would be problematic.

[mike123ca]

3 hours ago, username415 said:

Every contract has always been 12 months, which includes 9 months of teaching and 3 months of paid holiday.  The holiday usually comes in October, March and April.  

 

This contract is 12 months, which includes the usual 9 months of teaching but we were unpaid for 2 months, May and June.  We will teach October and March to make up the lost time.  The students paid the same fees as every year in the past, we will teach the same amount as every year in the past, why should we be paid 2 months less?

Because the schools are greedy. The schools dared not try to steal money from the government teachers.

[teacherclaire]

I'm afraid that I have bad news.

 

They changed it in a way that certain provinces will send you to an educational office instead of the city hall where you could receive a free lawyer, and disputes were mostly in favor of the employee.

 

 The labor departments have changed as well, and they are pro-Thai and somehow against foreigners.

 

A friend of mine got screwed over after the school didn't renew his contract after 14 years of employment.

 

 But that wasn't all. When he wanted to collect six months of unemployment benefits, the school had forgotten to inform the labor department about his situation.

 

  Then COVID made it happen that he couldn't go there, and after a few more weeks, it turned out that the school had lied about all and told the LD that he'd quit his job.

 

  The lame excuse they didn't renew the contract was that the Thai teacher's evaluation was under 50 %. But such an assessment was never done, he'd never signed anything, and in the end, he only received 6,000 baht.

 

 Social security has also changed their rules, and you can't get your payments back as a lump sum when you're not 50 years old. All in all, it was like he's banging his head against a wall. 

 

  The poor guy has three kids and is now back home. Times are getting ridiculously rough for foreign teachers in LOS!!!