Urgent - Labor Laws And Foreigners - Urgent

[singa-traz]

..Again, there is ABSOLUTELY no exemption for foreigners.

If I have understood the OP correctly he has found out that not the labour law but a regulation of the Ministry of Education makes that distinction between Thai and foreign teachers regarding severance pay.

I have copies of them - their codes are all in Thai - I am unsure how to communicate the actual codes...

This is one case where you are allowed to post something in Thai. No need to try and type it in Thai here, just scan the title page and page with the relevant rule of that document and attach it here to a post.

--

Maestro

I actually remember reading in one of the English translation of the Thai Labour Law, that regarding severance pay, there was exception for foreigner working as teacher or for government organization on contract.

Unfortunately, I can't find it anymore.

However, I can't attest if the translation was correct nor how it would have been interpreted in court.

[singa-traz]

For reference:

Thai Labour Protection Act (1998): http://www.mol.go.th/download/laborlaw/lab...tion1998_en.pdf

[Maestro]

I searched the Labour Protection Act for the word "teacher" and coud not find it.

I think we should forget about the Labour Law and Labour Protection Act for the time being and wait for the OP to post that law, regulation or rule of the MoE.

--

Maestro

[TEFLMike]

keddy, I am not a lawyer, but as it has been explained to me, Thai law is totally different. You can lose a defamation lawsuit even if you prove that your statement was true. Also, I have heard that there is no 'tort law' in the English tradition, in Thailand.

I am back on ThaiVisa! I thought my profile had been deleted. I am sure I removed it all. EVERYTHING is still there ! I have sent you a Private Message.

Off topic a little, but is it really? I have gone through the same problem where, at a school, I taught well!

[tamsom]

Dear Donna, you are absolutely right. I have never heard of this before and I will do some investigating. I know at least two people who have won against their old schools, within the last 4 months. Thai Labour Law is very worker friendly and there was even a case some 2 or 3 years back when 3 teachers from a huge chain of bi-lingual schools won in labour court, even though they didn't have work permits! I think that if such a statute/ law exists, it would be unconstitutional.

[toptuan]

The silver lining to the OP's storm cloud...

At least you got 30 days notice!

I have teacher acquaintances whose Thai schools dilly-dallied right up to the day their contracts expired, and then let them go. Zilch notice.