Contract Termination Help - Please!

[ebc13]

My wife's job was just terminated last monday...apparently over the break her school ([name deleted [iJWT]) decided it was not making enough money off of her kindergarten class and decided to cancel the class and let her know two weeks later it was terminating her contract. They said "we'd love to have you come back in march and teach another grade in the new semester."

Anyway, this puts us in quite a bind...they refused to give her any severance pay for January, they refused to give us another copy of her contract, and they also refused to extend her visa to match (the already issued) work visa so she could change her visa status to a non-O visa. To make matters worse - they said they tried to contact her over the break to tell her she was fired (which is a blatant lie - and we can prove it w/our phone log).

Also, they've been taking out "taxes" on her non-b visa prior to her work permit - which we have the receipts for...but it is illegal (as my university informed me).

Is there any legal person/help we can contact to get our last month's pay...and make sure they quit doing this to other teachers (she isn't the first one).

We need help asap as this brings quite a fiscal burden upon both of us...

Thanks,

E

[Mario2008]

You can complain to the labour office and and go to labour court. The labour office can advise you more about this then I. You might consider posting in he teaching forum, you will find more people with similar experience there.

[Tango7]

I think that if she had a proper work permit with a contract then she is entitled to 30 days notice for which she gets paid her full salary. If she has been with the school for over 119 days ( the probation period here ) she is also entitled to 30 days severance on top of those 30 days notice.

If she has been with the school for over a year, she should get 30 days notice + 3 months severance.

This is Thai law and you can enforce it through the labour courts who very much favour the employee... but the issue is your work permit. If you have one..no problems... if not, you can't do anything.

Play hard ball and don't roll over as they will expect you to do. They figure you don't know Thai law.. screw going back as they've now revealed their true colours.

The very least they could do would be to furlough your wife ( means she doesn't work but has not been fired and stays on for a reduced salary until the new classes start ).

As for the taxes issue...I've no idea, but I do know they are trying to diddle you out of money. Stand firm and threaten legal action ( you won't need a lawyer though as it's an open and shut case about contract term and termination as stated above.

Hope this helps

** forgot to say that your visa is tied to your work permit. Once you have been terminated, you have less than 7 days to hand in your work permit and leave the country. But you can come in on a tourist visa straight away.

Edited January 14, 2009 by Tango7

[ebc13]

I think that if she had a proper work permit with a contract then she is entitled to 30 days notice for which she gets paid her full salary. If she has been with the school for over 119 days ( the probation period here ) she is also entitled to 30 days severance on top of those 30 days notice.

If she has been with the school for over a year, she should get 30 days notice + 3 months severance.

This is Thai law and you can enforce it through the labour courts who very much favour the employee... but the issue is your work permit. If you have one..no problems... if not, you can't do anything.

Play hard ball and don't roll over as they will expect you to do. They figure you don't know Thai law.. screw going back as they've now revealed their true colours.

The very least they could do would be to furlough your wife ( means she doesn't work but has not been fired and stays on for a reduced salary until the new classes start ).

As for the taxes issue...I've no idea, but I do know they are trying to diddle you out of money. Stand firm and threaten legal action ( you won't need a lawyer though as it's an open and shut case about contract term and termination as stated above.

Hope this helps

** forgot to say that your visa is tied to your work permit. Once you have been terminated, you have less than 7 days to hand in your work permit and leave the country. But you can come in on a tourist visa straight away.

Thanks you two are wonderful - I'm going to the Ministry of Labour today - I made out w/her workpermit the day she got fired....

[Ijustwannateach]

Um, they can cancel your work permit without it being in their possession, and even without notifying the holder. The way things sound, you should check whether or not your wife is already on borrowed time and needs to apply for a visa extension.

As this is a teaching issue it is being moved to the teaching forum. Furthermore, we do not do "name and shame" regarding schools on this forum, so I am deleting the name of the school from your opening post. You are perfectly free to mention the school's name only, as if by coincidence, in our "Schools You Don't Recommend To Your Friends" thread.

[ebc13]

Um, they can cancel your work permit without it being in their possession, and even without notifying the holder. The way things sound, you should check whether or not your wife is already on borrowed time and needs to apply for a visa extension.

As this is a teaching issue it is being moved to the teaching forum. Furthermore, we do not do "name and shame" regarding schools on this forum, so I am deleting the name of the school from your opening post. You are perfectly free to mention the school's name only, as if by coincidence, in our "Schools You Don't Recommend To Your Friends" thread.

Thanks!

Anyway - I went down to Labor and Protection - on the 11th floor at the Labor Office. They sent me to the Ministry of Education - the private school office on the 3rd floor, near the back - they called and got my wife's former boss at Tarnpanya...Warrawut. Anyway, the boss threw a fit, threatened us if we tried to sue him and then shut up when he saw we had our tax information (which I'm pretty sure the school never paid) and refused to help us...

Anyway - so do we just go back to the Labor Department or the Ministry - Any advice?

[ebc13]

Thanks Everyone!

Summary: Anyway - I went down to Labor and Protection - on the 11th floor at the Labor Office. They sent me to the Ministry of Education - the private school office on the 3rd floor, near the back - they called and got my wife's former boss at Tarnpanya...Warrawut. Anyway, the boss threw a fit, threatened us if we tried to sue him and then shut up when he saw we had our tax information (which I'm pretty sure the school never paid) and refused to help us...

Anyway - so do we just go back to the Labor Department or the Ministry - Any advice?

~E

[Scott]

It sounds like a labor issue, so I would go to the MOL, but if you don't get much help then back to the MOE for advice.

The country is very bureaucratic, so be ready to do some leg-work.

[ebc13]

It sounds like a labor issue, so I would go to the MOL, but if you don't get much help then back to the MOE for advice.

The country is very bureaucratic, so be ready to do some leg-work.

THANKS EVERYONE I DID IT! I talked to a law firm (off the site) who said for 15,000 they would issue a letter of demand and should be able to get me one month's severance. I then wrote up my own "unofficial" letter of demand mentioning: What I understood of thai law, a general explanation of the situation, that they had 72 hours (to contact me) before I got my lawyers, the ministry of labor, and the ministry of eduction FURTHER involved, and they had two days after the initial 72 hours to pay us...and needless to say the next morning after the 72 hours we got a call with an apology (from the db that chewed us out) and had our check in hand that afternoon...If anyone needs help in the future contact me and I can send a copy of the letter I sent to pakdee tarnpanya - bcisb. Oh and I gave them one of three copies (one was sent via registered mail) the other was delivered by hand (and I explained to them my reasoning for this - so I could track it).

So if anyone else ends up screwed at a school...there is hope .

E

[Ijustwannateach]

Congrats, man! Happy ending!