Non-renewal Of Contracts

[mopenyang]

So you were leaving because you chose to leave as opposed to their not offering you a new contract?

[beano2274]

So you were leaving because you chose to leave as opposed to their not offering you a new contract?

No, they chose not to renew my contract.

They believed I was too friendly with the students, as I used to sit with them when I was free, getting them

talking English, it was something that the Thai teachers complained about, but the guys and girls loved it as

for some it was the only opportunity to speak freely in English with a Farang. Maybe the main topics about

football were not considered as an educational benefit to the students.

But am out of there, working at better places and enjoying it even more, and am allowed to mix with the

students freely as the institution where I now work sees it as a benefit.

[mopenyang]

So you were leaving because you chose to leave as opposed to their not offering you a new contract?

No, they chose not to renew my contract.

They believed I was too friendly with the students, as I used to sit with them when I was free, getting them

talking English, it was something that the Thai teachers complained about, but the guys and girls loved it as

for some it was the only opportunity to speak freely in English with a Farang. Maybe the main topics about

football were not considered as an educational benefit to the students.

But am out of there, working at better places and enjoying it even more, and am allowed to mix with the

students freely as the institution where I now work sees it as a benefit.

Sounds like you definitely made the right move.

[paully]

Ah, it may or may not have something to do with redundancy but I am more curious as to where you find any mention of no severance being required in such cases. You seem to be implying such is the case. Yet, even the authority you cited above does not say this in the link you provided.

Redundancy is a different matter and a different procedure. The employer here is, allegedly, making it look like redundancy when in reality it isn't.

[lightbulb]

The way the school may justify the "Fixed Contract" one year contract is simply calling the contract a "Fixed Contract" -

"In evaluating the qualifications for a fixed-period employment contract, it is also helpful to look at Supreme Court precedent. The Supreme Court has ruled that an employer is obligated to pay severance to an employee in the following cases:

· Where a supposedly fixed-period contract contained a clause entitling either party to terminate the employment contract prior to its termination date (Supreme Court Precedent no. 5180/1999). The Supreme Court ruled that such a contract was not a fixed-period employment contract.

· Where a supposedly fixed-period contract was for a period of employment longer than two years. (Supreme Court Precedent no. 2403-2430/2000.

· Where the employer’s business was in the construction field and the employee was hired to work as a construction worker. The Supreme Court ruled that the employee was employed in the normal business or trade of the employer."

read more at this link: worldservicesgroup.com/publicationspf.asp?id=2918 (Add necessary to turn into a proper link)

I would also think that, in layman's terms, if the contract mentions of the word "renew" with regard to a contract, that would imply that the contract continues. I would also think that, if, after a year, when you get your renewed contract (and not NEW contract) you would be able to claim severance for more than one year but less that three years = equal to 90 days of your base pay. (On the condition that there is not cause - criminal, gross misconduct etc) They have to follow those procedures by the dot to make even a written warning stand up in court. (For they can issue a written warning and then you have to break that rule again, plus it has to be documented etc)

So, long and short - I think that there are a few schools out there who are totally taking advantage of teacher and using a fixed contract as an excuse to not pay teachers severance. In fact, most teachers do not even know that they are entitled to severance - for the few that may have the balls to question the school - their "reason" may even seem plausible. <"you worked for a year thats what we agreed . Good luck and Good bye">

I am in the process of getting a notorious school to pay me severance and I am confident that they will have to. In fact, what I am looking into is not just the severance pay, but also filing for unfair dismissal. (there are a number of us). I think there may be schools who are genuinely ignorant of the law, but there are schools (like this one) who are aware of the law and still continue to BS their employees into believing that they have no rights or claims - I wish to put an end to this kind of exploitation, not with guns blazing, but with the Labour Law. What is fair is fair....!

[Scott]

Thanks, that is most helpful.

[Netfan]

So you were leaving because you chose to leave as opposed to their not offering you a new contract?

No, they chose not to renew my contract.

They believed I was too friendly with the students, as I used to sit with them when I was free, getting them

talking English, it was something that the Thai teachers complained about, but the guys and girls loved it as

for some it was the only opportunity to speak freely in English with a Farang. Maybe the main topics about

football were not considered as an educational benefit to the students.

But am out of there, working at better places and enjoying it even more, and am allowed to mix with the

students freely as the institution where I now work sees it as a benefit.

Sorry, but by "more than one year" do you mean more than one but less than two? If that's the case then one month severance is what you should receive, as far as I know. The school I'm at gives out one or two year contracts. Anyone who has been let go and taken them to Labor Court has been awarded approximately one month salary for each year of service, going back to their original start date, not just the start of the ending contract.

One important point - the school must give you a reason in writing for the non-renewal if you request it. And they cannot change or amend the reason they give in the letter if it goes to labor court.

Anyway, sounds like you are better off now in the new school, good for you.

[mopenyang]

So you were leaving because you chose to leave as opposed to their not offering you a new contract?

No, they chose not to renew my contract.

They believed I was too friendly with the students, as I used to sit with them when I was free, getting them

talking English, it was something that the Thai teachers complained about, but the guys and girls loved it as

for some it was the only opportunity to speak freely in English with a Farang. Maybe the main topics about

football were not considered as an educational benefit to the students.

But am out of there, working at better places and enjoying it even more, and am allowed to mix with the

students freely as the institution where I now work sees it as a benefit.

Sorry, but by "more than one year" do you mean more than one but less than two? If that's the case then one month severance is what you should receive, as far as I know. The school I'm at gives out one or two year contracts. Anyone who has been let go and taken them to Labor Court has been awarded approximately one month salary for each year of service, going back to their original start date, not just the start of the ending contract.

One important point - the school must give you a reason in writing for the non-renewal if you request it. And they cannot change or amend the reason they give in the letter if it goes to labor court.

Anyway, sounds like you are better off now in the new school, good for you.

Finishing a 2 year contract should qualify them for 3 months severance. Do you know if they had legal counsel or did they self-represent?