Recruiters And Contracts

[meme]

In June of last year I was in Korea planning to come back and work in Thailand starting November.

I found an add looking for a teacher in the exact school and location that I wanted to work. I contacted them and told them that while I am not available in June if anything came up in Oct/Nov term to let me know.

Because I am qualified and want to live in a place that has difficulty finding good teachers, the recruiter told me that she would send them a sub until I could start. She was very nice to both me and my husband, had us over for dinner in Bangkok, gave us a wedding present etc..The whole time I kept thinking why is she being so nice???

She also told me that the school would only sign me if I signed for a year and a half. So I did. Later to find out that they never said that. And it is in my opinion that she wanted me under contract with her as long as possible, as I am married to a Thai man from the area I am working in, she knew I would not leave after one year. The school pays her 40,000 baht every month and she pays me 32,000 so every month she gets 8,000 baht.

We got married in Canada in October, the DAY I arrived in Bangkok she told me the school had just informed her that they no longer pay for the month of April so I will have a month of unpaid vacation. I was completely jet lagged and for some reason signed the new contract. So yes that was my fault.

Fast forward to now, I am still waiting to be reimbursed for medical fees ( I was in the hospital for 2 days and have medical insurance in my contract) She did not do anything towards my work permit, told my school to handle it all. Now the problem with this is that my school only goes through recruiters as they are a well known school in the South and have had some problems with teachers they tried to hire directly. The recruiters they use always handle the work permits and visa extensions. So they are very inexperienced in filing all the paper work etc. Therefor they left it to late and I dont have a work permit yet and my non imm b expires in a week...anyway it has been a nightmare trying to sort all of this out.

So my question is this:

I was told by someone that because my school has done all the paperwork and my work permit etc all has my school's info not my recruiters, including a contract I have with the school. That I in fact do not legally work for the recruiter I work for the school and getting out of my contract with the recruiter is possible.

My school really likes me and wants me to sign with them directly as they are doing all the work anyway. But I am not sure my director is willing to fight with the recruiter.

So what should I do?

Yes I have learned my lesson. I just wanted some job security when moving back to Thailand, now I know better.

Any help would be appreciated.

Edited January 23, 2008 by meme

[TerryLH]

I'm sorry I can't help with the contract, but I do have a suggestion.

Get an O visa (married to a Thai). It won't be tied to a WP. That way you don't have to worry about losing the visa if you change jobs.

I've heard it's much easier for a woman married to a Thai to get a visa than it is for a man married to a Thai.

Take a look at the contract you have. What does it say they will do for that isn't being done? If they are in violation of the contract it might be an easier out for you.

[PeaceBlondie]

Terry, are you suggesting she work without a work permit? Or simply that farang married to Thais don't have their WP tied to their visa?

[Ijustwannateach]

If you don't have a work permit you never worked for anyone and if they represent you as having done so then they have illegally employed you. It is very unlikely they would try to apply for any LEGAL redress against you.

"S"

[TerryLH]

"Terry, are you suggesting she work without a work permit? Or simply that farang married to Thais don't have their WP tied to their visa?"

I am NOT suggesting she work without a WP.

O visas are not tied to WP's. Anyone who has an O visa does not have to worry about stopping work and having to leave the country, or risk having their visa put in jeopardy.

With an O visa it doesn't matter if you work or don't work, the visa was aquired for another reason and being able to work , with a WP, is just a side issue.

[meme]

"Terry, are you suggesting she work without a work permit? Or simply that farang married to Thais don't have their WP tied to their visa?"

I am NOT suggesting she work without a WP.

O visas are not tied to WP's. Anyone who has an O visa does not have to worry about stopping work and having to leave the country, or risk having their visa put in jeopardy.

With an O visa it doesn't matter if you work or don't work, the visa was aquired for another reason and being able to work , with a WP, is just a side issue.

Terry-Honestly I just didnt want to deal with trying to get a Non imm O because the immigration office where I live has NO experience with a farang women who has married a Thai man. Plus I knew how to get a non-imm B and knew I would not have to leave the country if I got my work permit. I was under the impression that with a NOn imm O you have to leave the country after 3 months to get a year extension.

PB- Thanks for clearing that up for me. Now I think it is up to the director of the school and my recruiter. If the director wants to fight to sign me directly with the school then I will probably get out of the contract with my recruiter. But I have a sneaking suspicion that he will not want to start a war with this women. She is very clever and fights for what she wants. Anyway I have still received no contact from her after 3 days 2 emails and one phone call.

[sbk]

No meme, you do not have to leave the country at all.

The one year extension is applied for before the 3 months is up and you do not leave the country, in fact, you should not leave the country. Also, if your immigration office is incapable of doing your extension then perhaps you should give them the phone number of the Immigration office in Koh Samui and ask them to please speak with K Nok, as he has been doing my one year extensions for many many years and can tell them what they need to do. Alternatively, they can call Bangkok and get direction. Not being able to do it is absolutely no excuse.

Sorry, i can't help you with the contract issue, but thought I'd better let you know about the one year extensions

[haltes]

Did you sign a contract with the recruiter or with the school?

[meme]

Did you sign a contract with the recruiter or with the school?

Both. The recruiter first and then the school had me sign a contract as well. The contract that was given for my work permit was with the school not the recruiter.

[haltes]

OK so that's clear.

Do you have a copy of the contracts? Are they in English or Thai or both?

[meme]

OK so that's clear.

Do you have a copy of the contracts? Are they in English or Thai or both?

Yes and they are both in English.

[seykota]

OK so that's clear.

Do you have a copy of the contracts? Are they in English or Thai or both?

Yes and they are both in English.

My understanding is that only contracts written in Thai are actually legally binding in Thailand.

[haltes]

My understanding is that only contracts written in Thai are actually legally binding in Thailand.

You understand incorrectly. Contracts in English are just as valid and binding. All our contracts are in English and they are I can assure you just as binding as those in Thai.

A Thai contract will take precedence only if it conflicts with one written in English (in cases where contracts exist in both languages which is not the norm in any case)

If you look at the contract with the recruiter, there should be a clause that covers termination of the contract, if there is no clause that covers this eventuality then there is a good bet that the contract is not legal.

[otherstuff1957]

As a woman married to a Thai man, you can get a type O visa without any financial requirements. You should also be able to change your Type B to a Type O, although your local immigration office may not be able to handle this.

You can also get a work permit with a Type O 'Marriage' visa.