Severance Pay Government University

[thequietman]

9 hours ago, youreavinalaff said:

There was no notice given that the contract would not be renewed and the position was re advertised. That was a violation of labour law.

The OP has already stated that his Uni told him they will not be renewing after this latest contract. There's your notice. ????

[petedk]

18 hours ago, puchooay said:

 

Probably not. There will be something about how the employee and employer must adhere to the labour laws.

 

That will include the notice periods that both need to give.

 

Yes there is a notice period of 3 months although it states that the contract "terminates on completion of employment". Each contact is 1 year.

 

It also says ' In the case where there is a question arising from the performance under this agreement, the employee agrees to abide by the decision of the Ministry of Finance"

and most importantly....

"This agreement is subject to Thai laws and dispute arising from this agreement shall be submitted for adjudication at the Civil Court, Bangkok Metropolis"

 

Nothing directly about Labour Laws.

 

Anyway, judging by all the comments here it seems that no one who has worked in a government university has received severance pay. Maybe no one has applied of course.

[puchooay]

2 hours ago, thequietman said:

The OP has already stated that his Uni told him they will not be renewing after this latest contract. There's your notice. ????

The giving of notice is not the issue. It is the length of notice given. The OP has already stated there is a notice period in the contract.

 

Every contract I have ever signed has had the period of notice, whether given by employer or employee, stated. As in line with labour law.

 

If it is not in the contract then still follow up. As Scott said, the labour laws take precedence over a contract.

 

I appear to gave been raked across the coals by a particular poster for simply posting my experiences. All of which have followed labour law. I know of many expats who have been knocked back, as the rules were followed by the school, and I know of some who were successful as the school did not follow the rules.

 

1 hour ago, petedk said:

Yes there is a notice period of 3 months although it states that the contract "terminates on completion of employment". Each contact is 1 year.

If it states 3 months and you were not given 3 months, as I advised earlier, go to labour office. The "terminates on completion of employment" means nothing. More leverage for you if you can show that your position is still there and that another person will take over.

[youreavinalaff]

4 hours ago, thequietman said:

The OP has already stated that his Uni told him they will not be renewing after this latest contract. There's your notice. ????

Indeed it is notice. But how long? 

 

That is the question.

[DavisH]

7 hours ago, petedk said:

 

Yes there is a notice period of 3 months although it states that the contract "terminates on completion of employment". Each contact is 1 year.

 

It also says ' In the case where there is a question arising from the performance under this agreement, the employee agrees to abide by the decision of the Ministry of Finance"

and most importantly....

"This agreement is subject to Thai laws and dispute arising from this agreement shall be submitted for adjudication at the Civil Court, Bangkok Metropolis"

 

Nothing directly about Labour Laws.

 

Anyway, judging by all the comments here it seems that no one who has worked in a government university has received severance pay. Maybe no one has applied of course.

Take you info the the Labour office and state your case. It would be nice if you report back here with your findings. We've had many teachers on TV saying they would go to the labour department - not one ever reported back about what happened.

 

In a private highschool - I can say that one teacher did get severance, but this was because he was dismissed during his contract without warning letters being issued.

 

There was always the argument that one could be let go at the end of their one-year contract, then others would argue that it was actually 'permenent employment' and that severance was due.

 

So you won't know from and positings on TV as each situation is different. 

 

 

 

[petedk]

13 hours ago, DavisH said:

Take you info the the Labour office and state your case. It would be nice if you report back here with your findings. We've had many teachers on TV saying they would go to the labour department - not one ever reported back about what happened.

 

In a private highschool - I can say that one teacher did get severance, but this was because he was dismissed during his contract without warning letters being issued.

 

There was always the argument that one could be let go at the end of their one-year contract, then others would argue that it was actually 'permenent employment' and that severance was due.

 

So you won't know from and positings on TV as each situation is different. 

 

 

 

 

Yes, I have heard of people receiving severance pay from private schools and government schools, but never government universities. They seem to be in a class of their own.

 

I won't go to the labour office until I am near the end of my contract. As I said they have just agreed to give me a new contract starting next month.

[petedk]

17 hours ago, youreavinalaff said:

Indeed it is notice. But how long? 

 

That is the question.

 The contract I received is 2 years.

 

I am planning in advance.

[puchooay]

2 hours ago, petedk said:

 The contract I received is 2 years.

 

I am planning in advance.

I don't understand. 

 

You say you have received a new contract that starts next month.

 

Then you say you are on a two year contract and are planning ahead?????

[petedk]

1 hour ago, puchooay said:

I don't understand. 

 

You say you have received a new contract that starts next month.

 

Then you say you are on a two year contract and are planning ahead?????

Correct.

I basically wanted to know if anyone with 100% certainty has received severance pay from a government university. I know 2 or 3 of our teachers have been in the same situation and they were told that "university rules say no severance pay". Another teacher was handed a 10 month payout, but for a different reason. Again he had to threaten with a lawyer before they paid out.

I asked at HR and they confirmed that the university has it's own rules and that I am not entitled to anything. 

So, yes I am planning ahead while I have time on my hands. I don't like to wait until the last minute

 

 

[puchooay]

1 hour ago, petedk said:

Correct.

I basically wanted to know if anyone with 100% certainty has received severance pay from a government university. I know 2 or 3 of our teachers have been in the same situation and they were told that "university rules say no severance pay". Another teacher was handed a 10 month payout, but for a different reason. Again he had to threaten with a lawyer before they paid out.

I asked at HR and they confirmed that the university has it's own rules and that I am not entitled to anything. 

So, yes I am planning ahead while I have time on my hands. I don't like to wait until the last minute

 

 

The university cannot have "it's own rules". They have to abide by the labour law.

 

If you have a 2 year contract and are "planning ahead" and the university have already told you this is your last contract, it sounds like they are going down the right track.

 

How long do you have left on your contract? Was the announcement that this is your last one official?

[poskat]

how does your specific faculty feel about your leaving.

perhaps they can pay you directly as a faculty employee rather than as a university employee.

 

I know someone who worked out that deal when they hit the university-based age limit.

He had been there for a long time and was highly valued based on his unique skill combination.

[Andy from Kent]

On 6/20/2021 at 3:20 PM, robblok said:

I any country in the world contracts are only valid if they are not against the law. So even if it say no severance pay it is not actually sure that it means no severance pay because if a contract goes against the labor laws its invalid and labor laws take over. So the question is more about labor laws then contract.

 

Only that part of the contract which is deemed illegal is rendered invalid.    The rest of the contract remains in place.

[robblok]

11 hours ago, Andy from Kent said:

 

Only that part of the contract which is deemed illegal is rendered invalid.    The rest of the contract remains in place.

Of course is that not logical ?. So the fact there is no severance pay clause or even if there is one is not important. If it is in the labor law then that will be upheld. So the labor laws are most important not contracts. Contracts can have better terms then the law but not worse.

[petedk]

On 6/23/2021 at 3:32 PM, poskat said:

how does your specific faculty feel about your leaving.

perhaps they can pay you directly as a faculty employee rather than as a university employee.

 

I know someone who worked out that deal when they hit the university-based age limit.

He had been there for a long time and was highly valued based on his unique skill combination.

 

It's impossible to know how they feel. I know many of the Thai teachers seem sad that I am leaving as I have always been a great help to them.

[petedk]

On 6/23/2021 at 3:18 PM, puchooay said:

The university cannot have "it's own rules". They have to abide by the labour law.

 

If you have a 2 year contract and are "planning ahead" and the university have already told you this is your last contract, it sounds like they are going down the right track.

 

How long do you have left on your contract? Was the announcement that this is your last one official?

Yes, it's official.

I have about half the contract time left - 1 year.

Another teacher left last month for the same reason. He has been there 15 years and they told him straight out- no severance pay. It's the rules of the university 

[DavisH]

3 hours ago, petedk said:

It's the rules of the university 

"Rules of the university" do not usurp Labour Law. Unless you know the Labour Law you will not know if you are entitled to severance or not. It's your job to find that information out. Noone on this board knows that information. 

[petedk]

9 hours ago, DavisH said:

"Rules of the university" do not usurp Labour Law. Unless you know the Labour Law you will not know if you are entitled to severance or not. It's your job to find that information out. Noone on this board knows that information. 

 

Of course. I have studied the labour law and if I were employed in a private university I would be entitled to severance pay.