Breaking A Work Contract

[deejah]

most contracts are for one year for farang teaching in thailand

what usually happens if the worker just stops going to work and/or decides to break the contract?

if it helps: a small international university

[Ijustwannateach]

Actually, the most important thing to know is if you completed the whole contract-work permit-visa extension process. If you never got a work permit, then basically legally you never worked there (or at least it would be very hard/self punishing for the school to claim you did) and your slate is clean, though you may have to leave the country on a new non-immigrant B mission for whatever new job you want.

If you DID complete the paperwork, theoretically the school could hold you to the contract and make it more difficult for you to get a new work permit- at the very least you're looking at a visa run because your visa would have been tied (if non-imm. B ) to the permit and it expires very soon after your employment is officially ended by the school.

[mopenyang]

It's also important to remember that most contracts have some sort of penalty provision if either party breaks the contract. It's usually monetary in nature and there is nothing to prevent a school from going to court to enforce such penalty provisions. My sense is this doesn't happen all that often, but this does not mean it cannot happen or has not happened. A good place to begin in this process is to thoroughly review your contract and refresh your memory as to what you agreed to when you signed it.

[deejah]

i have read the contract forwards and backwards on numerous occasions

i believe the only penalties are if you miss too much work, they doc your pay

i will read it again and get back if i find something different

the work permit is not tied to the visa

sounds like i might have a problem getting a work permit in the future

but my visa is ok

unless they want to be mean and send the authorities after me

not sure if they can legally do that

any more input???

thanks much for the reply

[Scott]

As far as punishing you there isn't necessarily a lot that a school can do, but as mentioned, do review your contract and find out what it says. Also as IJWT has said, they can cancel your work permit and visa.

I am curious about the circumstances that are causing you to leave. Are you just very unhappy with this job or are you going to a better/different job? The reason I ask is because how you handle the situation depends on what you are doing. It's not a good idea to just quit going to work. Best thing is at least call them and let them know. My understanding is that after 3 days of unexcused and unexplained absence, they have the right to dismiss you. If you are taking another job, you may need the work permit canceled etc.

A lot of employers are used to employees quitting--for all kinds of reasons, so in spite of what a lot of teachers think, most just get on with the business of replacing you rather than punishing you. But no all.

Best of luck and keep us posted.

[Loaded]

I believe you can go to the labor office and cancel the work permit without the school's involvement. This would tie up loose ends so that you won't have complications obtaining a wp from another employer in the future. We employed a guy a few years ago who did a runner from his previous school. he didn't cancel his wp and his previous employer was awkward (unsurprisingly) but we still managed to get him a new wp.

The school won't take any legal action against you just for breaking a contract. It happens all the time. What would they sue you for? How much would it cost them to do this?

If your non-immigrant visa was extended by the school during the work permit process, it's likely your visa is tied to the work permit. If it hasn't been extended by the school, you should be OK.

[Sisaketmike]

i have read the contract forwards and backwards on numerous occasions

i believe the only penalties are if you miss too much work, they doc your pay

i will read it again and get back if i find something different

the work permit is not tied to the visa

sounds like i might have a problem getting a work permit in the future

but my visa is ok

unless they want to be mean and send the authorities after me

not sure if they can legally do that

any more input???

thanks much for the reply

I know that laws and regulations are always changing in the LOS, but a work permit is normally always running together with your visa. Would you quit your job, and the school had given you all the needed paperwork for your visa, it will be automatically cancelled within seven days. The labor dep. and Immigration will make it happen.

[Mario2008]

An extension would end the same day your employment ends and you would have to elave the country the same day. You can go to immigration to get a 7 day extension.

This is only when you are on an extension of stay based on your employment.