Compensation Rights

[Green]

Under Thai law, can an international school have its teachers sign a new contract each year, reinstating a 90 day probabtionary period at the beginning of each contract? In effect a 10month contract, with no contract for a 2 month holiday; allowing the employer to dismiss a teacher during the probabtionary period each year without compensation, regardless of whether the teacher had served the 90 days in the previous year(s).

[bendix]

In short, no.

There is no specific legislation ACTIVELY forbidding this, but the several times such practices have been challenged in the Employment Courts, the courts have always come down on the side of the employee.

Much Thai legislation in this area is vague but the spirit of the law - as evidenced by case law - is very clearly against this kind of thing.

[Green]

Has anyone pursued legal action against a school? Results? Advice? Recommend a lawyer?

[sbk]

Moving to Teaching in Thailand forum

///MOVED///

[Ijustwannateach]

If there were no protection against this sort of practice, employers would simply give new contracts every year and no one would receive any long term benefits of any kind. Even "temporary" employees are given legal full-time status by law after a few years of full-time work at the same location. Your contract does not superced Thai labour law, and you will be entitled to severance on the same terms as any other employee in Thailand. If they pretend to let you go during the new "probation" period, you can sue them for this severance and easily win. You should make it clear first that you know the law- that may make things easier for both of you- and that if they refuse to pay voluntarily you will also shoot for punitive damages and other legal penalties that may apply. If they won't play ball, then go get a lawyer. Good luck.

[TerryLH]

Labour Protection Act B.E. 2541 (A.D. 1998)).

Section 20. When an employee has not worked continuously because his or her boss had the intention of not permitting the employee to have rights under this Act, regardless of the nature of the employee’s duties and the intervals between the periods of service, all periods of service shall be included for the purpose of calculation of the rights entitlements of that employee.

[PeaceBlondie]

One of our posters, Geronimo, won a lawsuit against his school in Labour Court, if I recall correctly. Even illegal aliens can win such a suit, but they risk the prospect of being deported, and are advised not to sue.

[bendix]

If there were no protection against this sort of practice, employers would simply give new contracts every year and no one would receive any long term benefits of any kind. Even "temporary" employees are given legal full-time status by law after a few years of full-time work at the same location. Your contract does not superced Thai labour law, and you will be entitled to severance on the same terms as any other employee in Thailand. If they pretend to let you go during the new "probation" period, you can sue them for this severance and easily win. You should make it clear first that you know the law- that may make things easier for both of you- and that if they refuse to pay voluntarily you will also shoot for punitive damages and other legal penalties that may apply. If they won't play ball, then go get a lawyer. Good luck.

ijustwannateach and TerryLH are spot on.

The real key to getting satisfaction here is KNOWING the law and making sure your employer knows you know it. So many will just assume you're ignorant (and are probably equally ignorant).

I've said it before and I'll say it again. Short term contracts, rolling probation periods etc are sneaky yet ultimately unsuccessful attempts to circumvent employees' rights for severance.

DO NOT back down.

[Green]

Thanks to all replys, this has been greatly encourageing.

[Manchester]

Thanks to all replys, this has been greatly encourageing.

ENCOURAGING.

[Loaded]

Thanks to all replys, this has been greatly encourageing.

ENCOURAGING.

maybe it's an old post

[culicine]

Well our school just told us that Thai labour Law does NOT apply to teachers/headmasters of private schools. Has anyone got legislation to prove otherwise (because the sections of document I was shown says it does not apply to us)? And if it is true then what law does cover teachers in such schools? Main concerns are severance pay (some teachers have been at this school several years, though on yearly contracts); deductions made to salary and little paid sick time.

[Manchester]

Well our school just told us that Thai labour Law does NOT apply to teachers/headmasters of private schools. Has anyone got legislation to prove otherwise (because the sections of document I was shown says it does not apply to us)? And if it is true then what law does cover teachers in such schools? Main concerns are severance pay (some teachers have been at this school several years, though on yearly contracts); deductions made to salary and little paid sick time.

The school is wrong. There is a law regarding private schools but it relates only to the opt-in system of health care. ( government )

This is the reason that many private schools have other facilities for health care...BUPA etc.

Labour Law still applies to private schools. They are also legally obliged to pay SS and taxes.

Yearly contracts still add up to whatever total of years you have been there.

If you have been at the school for 5 years ( on a renewable 1 year contract ) you do have 5 years of service and any compensation should be paid to allow for that period of time.

Contact your local Labour Court. They will put the school right.