Private School Teachers - Only Contractual Agreements?

[saltmarshgirl]

After all my years of working I need someone able to help please.

I am so fed up with no rest, etc.

I have such a long story like most of us here and need some advice.

I just want to ask a question.

First of all to tell you a little bit.

I was hired by a BKK private school years past.

I have toiled through years of 44 hr weeks and access to only 3 sick day available, per each of the Thai 2 semester school years, with no school medical cover or Social Security plan.

I have listened to lectures, participated in meetings, and cranked out pages of lesson plans that were due the next day.

I have put in my time, and have put in more than that. I have worked, traveled, taught, trained, explored and learned; in my own individual and unique way.

Recently employees may be looking a bit paler than usual this year.

That is because our administration department has informed us of,

1) We have no entitlements outside of our contract.

2) The number of sick days that we are entitled to is at their whim.

3) Can have deductions taken from our salaries at their discretion.

4) Legal recourse in the event of our termination would be in vain, as we would receive no severance pay or compensation whatsoever.

5) We have no legal right and access to social security, or school funded health care.

All the above is based on their interpretation of the Labour Protection Act B.E. 2541 (1998) (Department of Labour Protection and Welfare) legislation, page 72, which states;

"The exclusion of application in whole or in part of the Labour Protection Act B.E. 2541 (1998) to any type of employers should be based on the following rules:

(1) The Labour Protection Act B.E. 2541 (1998) shall not apply to employers carrying on the business of a private school under the law governing private schools, but only in respect of headmasters and teachers."

http://www.mol.go.th/download/laborlaw/lab...tion1998_en.pdf

I may have come here for the right reasons, but I'm convinced after their statements that we are being hoodwinked.

Any credence that I thought they once had, they are losing because of their strong affiliation with trash.

What are other posters thoughts on private school teacher's rights?

Edited December 9, 2007 by saltmarshgirl

[Petch01]

"In the land of the blind, one eye is King".

You are blind and your employer pretends to be King. Please, go out for another job. Plenty!!!!!!!!!!!!!!!!!!!!!!!!

Petch01

[PeaceBlondie]

"In the land of the blind, one eye is King".

You are blind and your employer pretends to be King. Please, go out for another job. Plenty!!!!!!!!!!!!!!!!!!!!!!!!

Petch01

That's not a proper metaphor in Thailand. However, the opening poster may wish to review this similar thread

http://www.thaivisa.com/forum/index.php?showtopic=152164

[saltmarshgirl]

"In the land of the blind, one eye is King".

You are blind and your employer pretends to be King. Please, go out for another job. Plenty!!!!!!!!!!!!!!!!!!!!!!!!

Petch01

That's not a proper metaphor in Thailand.

Agreed.

In such cases you can, at your discretion, move to "edit" status almost immediately.

And thanks for the link.

[saltmarshgirl]

In addition to my original post, a sixth point was also made clear by administration,

"6) Teacher's shall have no access to worker's compensation or overtime pay."

Quitting our jobs isn't a decision we should make haphazardly though. It would have a big impact on our lives, and we should therefore give it careful consideration.

Edited December 9, 2007 by saltmarshgirl

[saltmarshgirl]

Please, go out for another job. Plenty!!!!!!!!!!!!!!!!!!!!!!!!

Petch01

Petch, not everything is designed to go down the drain.

[Tywais]

Have you gone to the labour department and discussed it with them yet? That would be your best course of action in that the Thai to English translation may not be precise enough to determine your rights. They can clarify it for you and give you your options. I'm assuming you have a work permit.

[saltmarshgirl]

Have you gone to the labour department and discussed it with them yet? That would be your best course of action in that the Thai to English translation may not be precise enough to determine your rights. They can clarify it for you and give you your options. I'm assuming you have a work permit.

Responses from this forum will help make the decision whether or not to bring an inquiry to the labour department by determining what is the most appropriate way to deal with the problem.

Although illegal workers exist, which excludes people in their situation from being able to have legal recourse, we in fact do possess valid work permits.

I understand the obligation to be in possession of a work permit, is an absolute must when dealing with the Thai authorities.

[Manchester]

Lets make this clear.

Private schools are required to pay SS and taxes for salaried employees. This is covered under Labour Law.

You are COVERED by the above laws in dispute with your PRIVATE school employers same as any teacher at a government school.

[PeaceBlondie]

I'm no expert, but time and again, have heard anecdotes that illegal workers are covered under Labour Law. They merely stand a better chance of being deported! "Okay, Xian We, you won your labour case; now leave Thailand."

[mr_hippo]

1) We have no entitlements outside of our contract.

I would have thought that that was obvious! Your contract states the employers obligations to you and your obligations to them. I take it that you were happy with the conditions before you signed, were you? Did you read it properly or did you just sign it?

[Petch01]

"In the land of the blind, one eye is King".

You are blind and your employer pretends to be King. Please, go out for another job. Plenty!!!!!!!!!!!!!!!!!!!!!!!!

Petch01

That's not a proper metaphor in Thailand. However, the opening poster may wish to review this similar thread

http://www.thaivisa.com/forum/index.php?showtopic=152164

You're totally right. My apologize to all members for using this metaphor on this board.

I just wanted to say that many teachers are not aware of rules and regulations. Employers take advantage of this.

Petch01

[saltmarshgirl]

1) We have no entitlements outside of our contract.

I would have thought that that was obvious! Your contract states the employers obligations to you and your obligations to them. I take it that you were happy with the conditions before you signed, were you? Did you read it properly or did you just sign it?

The concept of fixed-term faculty agreements embodies certain features. It would be inappropriate to apply these conditions to agreements that run indefinitely.

[mr_hippo]

1) We have no entitlements outside of our contract.

I would have thought that that was obvious! Your contract states the employers obligations to you and your obligations to them. I take it that you were happy with the conditions before you signed, were you? Did you read it properly or did you just sign it?

The concept of fixed-term faculty agreements embodies certain features. It would be inappropriate to apply these conditions to agreements that run indefinitely.

This is where negotiations take place before agreements are signed. If you are on a scheduled flight from Bangkok to Tokyo and then change your mind and want to go to Manila, can you ask the pilot to change the flight plan in mid-air? Can't you sit down and re-negotiate?

Edited December 10, 2007 by mr_hippo

[saltmarshgirl]

1) We have no entitlements outside of our contract.

I would have thought that that was obvious! Your contract states the employers obligations to you and your obligations to them. I take it that you were happy with the conditions before you signed, were you? Did you read it properly or did you just sign it?

The concept of fixed-term faculty agreements embodies certain features. It would be inappropriate to apply these conditions to agreements that run indefinitely.

This is where negotiations take place before agreements are signed. If you are on a scheduled flight from Bangkok to Tokyo and then change your mind and want to go to Manila, can you ask the pilot to change the flight plan in mid-air? Can't you sit down and re-negotiate?

Though most contracts are open to renegotiation, it is not true that all contracts are. When contracts are governed by Thai law, they cannot be renegotiated at will.

Edited December 10, 2007 by saltmarshgirl

[saltmarshgirl]

1) We have no entitlements outside of our contract.

I would have thought that that was obvious! Your contract states the employers obligations to you and your obligations to them. I take it that you were happy with the conditions before you signed, were you? Did you read it properly or did you just sign it?

The concept of fixed-term faculty agreements embodies certain features. It would be inappropriate to apply these conditions to agreements that run indefinitely.

This is where negotiations take place before agreements are signed. If you are on a scheduled flight from Bangkok to Tokyo and then change your mind and want to go to Manila, can you ask the pilot to change the flight plan in mid-air? Can't you sit down and re-negotiate?

I suppose that schools always hire workers on short term contracts, thereby avoiding any long term hiring costs.

[Manchester]

1) We have no entitlements outside of our contract.

I would have thought that that was obvious! Your contract states the employers obligations to you and your obligations to them. I take it that you were happy with the conditions before you signed, were you? Did you read it properly or did you just sign it?

The concept of fixed-term faculty agreements embodies certain features. It would be inappropriate to apply these conditions to agreements that run indefinitely.

This is where negotiations take place before agreements are signed. If you are on a scheduled flight from Bangkok to Tokyo and then change your mind and want to go to Manila, can you ask the pilot to change the flight plan in mid-air? Can't you sit down and re-negotiate?

I suppose that schools always hire workers on short term contracts, thereby avoiding any long term hiring costs.

Incorrect.

3 x 1 year contracts count as a 3 year term. ( If the service is continual )

Edited December 10, 2007 by Manchester

[Ijustwannateach]

As far as I am aware, all of the important labour laws apply to all workers in Thailand. The private school thing is about some minor technical detail that (as far as I know) doesn't apply- in fact, doesn't the exception as you've quoted it specifically exclude teachers and headmasters from itself?

When I have heard of teachers going up against schools for labour law issues, I have always known them to win- whether at public or private schools. You won't get support from them in gunning for your rights, obviously, and whether or not they are really aware of the law they will lie to you. Stick to your guns.

However, given the nasty nature of this school, I'd recommend finding another job anyway when it becomes convenient.

"S"

[saltmarshgirl]

I'm no expert, but time and again, have heard anecdotes that illegal workers are covered under Labour Law. They merely stand a better chance of being deported! "Okay, Xian We, you won your labour case; now leave Thailand."

That's good, very good, PB.

The unexpected is a good predicate on which to base humor.

The laff line has to be unexpected, tho.

Still, it's good...a laff is worth a laff anywhere, anytime. A little self-deprecatory humor never hurt anyone...that's what us teachers are here for, izzitnot?

[saltmarshgirl]

in fact, doesn't the exception as you've quoted it specifically exclude teachers and headmasters from itself?

"S"

IJWT, it's quite the ambiguous piece of legislative amendment that could say a lot one way or the other. As laws go, it's a shrug and an admission that in business, anything is possible.

[Ijustwannateach]

The most recent example I've heard of this practice involved Bangkok Christian College, which according to a poster on Ajarn gave them the same line about "labour laws don't apply to us." They were sued by one teacher, and they lost the case, according to the same poster. So I wouldn't buy the school's line. See if a letter from a lawyer changes their tune. In any case, the only way you'll know for sure is to ask the lawyer- but if you're asking for a vote of confidence from us, you've got mine. Let us know how it turns out.

"S"