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Posted

I would just add this caveat.

The only way that a job could be construed it was temporary and would avoid the need for severance pay would be where someone is employed through a third party or where it was a temporary job e.g. to cover maternity leave.

Posted

"There is no obligation for the employer to renew any contract.

I know as I have been there.

My last contract was terminated as the employer got somebody cheaper."

Thai law is written to prevent this from happening. It still happens, but the law provides compensation.

You'll hear a lot of people say it doesn't work like that, but that's usually because the employer has told the employee they don't get anything, and they believe them, so they don't assert their rights.

Posted

So does anyone have a phone number or the address of the Dept of Labour?

I had a look at the link and I can't find any contact details, unless I am missing something.

And do they have English speaking staff? Or am I best to get my (highly educated) Thai friend to ring them?.

Posted

The location of a Labor Dept office depends on where you are.

I've been to the Labor Office in three different provinces. All have been in an area where there are numerous other govt offices.

I usually take my wife on visits to govt offices. Not sure if I'd have recieved as good as results without her, or to be fair, someone who speaks Thai and can explain what I needed.

For anything other than a very simple routine matter, I think a personal visit is better.

Ask you school where the Labor Office is. That's where they get the work permit. Just asking that might get some results from your school.

Posted
The location of a Labor Dept office depends on where you are.

I've been to the Labor Office in three different provinces. All have been in an area where there are numerous other govt offices.

I usually take my wife on visits to govt offices. Not sure if I'd have recieved as good as results without her, or to be fair, someone who speaks Thai and can explain what I needed.

For anything other than a very simple routine matter, I think a personal visit is better.

Ask you school where the Labor Office is. That's where they get the work permit. Just asking that might get some results from your school.

Posted

I had a Thai friend ring the Labour Office. She was informed that I am not entitled to severance pay because:

'your school is under the Ministry of education. and the rules dont apply. Those are for private sectors only.'

So is this correct? Anyone received severance pay after working for a Thai Ministry of Education school?

  • 1 year later...
Posted
^That doesn't sound quite right- have someone call again, or consult a lawyer. Remember that you're dealing with a government agency.

I agree, especially the consult a lawyer part. I was told the same thing about law not applying to employees of a government institution... however...

Jumbo and other interested readers may want to look here:

http://www.thaivisa.com/forum/Thai-Labor-L...28#entry2956128

http://www.thaivisa.com/forum/Thai-Labor-L...58#entry2958158

the 2nd link only because it leads to this 3rd one…

http://www.thaivisa.com/forum/Thai-Labor-L...85#entry2958785

and if I can manage to put something halfway coherent together, I'll post just down from that last one in a few minutes. Bottom line is, we need reports of judgments in courts and names of good lawyers.

Posted

Actually it sounds quite right to me. My experience is limited to my little corner of the world and like much of Thailand, it's unique. Our director maintains that there is no severance pay for non-renewal of a contract and thus far it's never been paid out. I know that people have gone to the Labor Department, but what was said and how far it was pursued I don't know.

Different schools are under the umbrella of different organizations. The MOE controls some, the Private Schools are controlled by another entity, and the BMA (in Bangkok) control some. Maybe this makes a difference.

Whatever the difference is, however, by and large it seems that the teachers are the losers.

Posted

^In the past, EVERY time I heard someone had gone to a lawyer, the school paid. Our school pays without being sued. It's the law. If there's any doubt, check with a lawyer and assert your rights ('cause precious few others will do so for you!!!) Teachers generally lose because they don't know their rights, don't assert them, and use management sources (who are naturally negative) as their main basis of information.

Posted (edited)
Help guys, please.

I have worked at an entry level international school for two years. Today, my boss said something to the effect that they were thinking of not renewing my contract for next year. Thier main arguement is, I think, primarily due to the fact that I am not seen as team player; I don't enforce certain, non-academic, non-safety rules (and frankly neither does any one else around the school). So they could say I don't do exactly as I'm told. My kids do very well and, I suspect, I would be well supported by them if asked about my level of teaching.

I have heard employees have a lot of protection, and if my contract is indeed, not renewed, what are my legal options? Basically can I nail them for severence?

Hope you can help,

Anonymous and Uneasy

OOPs for got to add my reply.

They cannot fire you, ..... slaves have to be sold na krab.

Edited by ThaiMouse

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