Question About Contracts

[wangsuda]

Do contracts between foreigners and Thai schools or businesses supersede Thai labor laws? I a asking specifically about the laws regarding amount of vacation time for full time employees. In advance, thanks for your help.

[Ijustwannateach]

No, of course not. Thai labour law is the law of the land. That's what it's for. Contracts which break the law are illegal.

Many schools make claims to the contrary but if the case is brought to the labour department they will lose. Some schools don't realise this, of course. Letters from lawyers can focus attention wonderfully.

[paully]

Do contracts between foreigners and Thai schools or businesses supersede Thai labor laws? I a asking specifically about the laws regarding amount of vacation time for full time employees. In advance, thanks for your help.

Is the issue whether the individual contract with the school or business allows the full time employee to have more time off than that permitted under Thai labour law? If so, then IMO the contract should win - it was, after all, freely negotiated and agreed by the employer. The purpose of national labour law (in Thailand or anywhere else and - oddly enough - Thai labour law does bear some similarities to US and UK labour/employment law) is to provide a minimum of rights for employees which the employer cannot get out of. However, if the employer agrees more than this, he is bound by it.

Edited January 18, 2008 by paully

[wangsuda]

Thanks for your answers. My question was asked because vacation time for first year teachers at my school are LESS THAN what Thai labor law states (by one day).

[TerryLH]

We had these items added to our contracts.

23. If any provision of this contract is found to be in violation or opposition to a Thai law or Act, it will not cause this contract to be cancelled, only the section found to be in violation.

24. By signing this contract The Employee does not give permission to waive any rights or benefits accorded them by any Thai Law or Act.

[mbkudu]

Thanks for your answers. My question was asked because vacation time for first year teachers at my school are LESS THAN what Thai labor law states (by one day).

What is the legal allotted annual time off? I've seen some full time jobs advertised which are offering only 10 days paid annual leave. I thought 30 days was the norm.

[wangsuda]

According to the law, first year employees are entitled to

An employee who has worked continuously for one full year shall be entitled to an annual vacation of not less than six working days.

Thai Labor Law My school offers first year employees five working days, which they call "one week." Employees who work for more than one year are entitled to more vacation, and the length of tat vacation is determined between the company/employer and the employee (same source). Edited January 19, 2008 by wangsuda

[mbkudu]

According to the law, first year employees are entitled to

An employee who has worked continuously for one full year shall be entitled to an annual vacation of not less than six working days.

Thai Labor Law My school offers first year employees five working days, which they call "one week." Employees who work for more than one year are entitled to more vacation, and the length of tat vacation is determined between the company/employer and the employee (same source).

Thanks for that. I guess 10 days is being generous in Thailand then.

[otherstuff1957]

Thai Labor Law says that full-time employees are entitled to one week vaction + all national holidays. You are also allowed 30 days paid sick leave per year, but you must have a letter from a doctor if you miss 3 or more consecutive days.

[Petch01]

In my contract and in the contracts of several teachers from other schools is written:

- paid leave at all National holidays

- business leave not more than 10 working days

- sick leave not more that 15 working days

- about 20 consecutive working days in March/April holiday

- 14 consecutive working days in October holiday

Basically many government schools in our city have the same contract as the model was issued by the Service Area of MOE in 2003.

Petch01

Edited January 19, 2008 by Petch01

[Thaiboxer]

A friend, and long time expat, said that contracts without the Thai gov emblem are not worth anything. Then again, it's hard to say that even one with the gov emblem is worth anything

Some of the contracts I've seen (English ones) are laughable at best. One very large language school chain, which I won't name, says that employees who break the contract have to pay 10,000 Baht or something around that figure. The school probably makes quite a bit of money that way, due to the revolving door nature of the industry here.

[paully]

Thanks for your answers. My question was asked because vacation time for first year teachers at my school are LESS THAN what Thai labor law states (by one day).

The question is: is there an exclusion under the relevant Act for employees who have worked less than one year? It would seem so - to quote from the Labour Protection Act BE2541:

"Annual Vacation

An employee who has worked continuously for one full year shall be entitled to an annual vacation of not less than six working days".

Otherwise it would be illegal - labour law should prevail over the individual employment contract.

Edited January 22, 2008 by paully

[timber]

There is an article in the Thai labor law document that states the provisions of Labour law do not apply for private schools. That is, teachers and headmasters at private schools only. All other staff fall under the labour law. Headmasters and Teachers must follow the guidelines of the Private School Act of 1982. I don't know what that document says about vacation, but if you work at a private school, you probably get much more than a one week holiday.

[TerryLH]

"...do not apply for private schools..."

I think that has been changed. The Labor Office told my school that everyone is covered.