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Posted

I have worked for the same school for 10+ years.  This year I was rather abruptly transferred to another school under the same ownership.  All the other employees have been given contracts, but I wasn't.  I have never received a verbal or written warning of any kind.  The old contract will expire in a month.  I inquired about whether or not I would get a contract, but did not get an answer.  Does being over 60 matter (there are other employees who are over 60)?  

Am I entitled to severance if it isn't renewed?  Are they required to inform me?  What is the best recourse?

(According to a poster in the teaching forum: from January 2009, Private schools are excluded from the Labour Law/Labour Protection Act )

http://www.thaivisa.com/forum/Law-Rights-T...ch-t348184.html

Posted

Another update concerning the non renewal of a teacher's employment contract.

The clause previously mentioned that teachers are entitled to the same protection as the minimum requirement and entitlement of labor protection and social welfare.

Previously, the Ministry of Education Regulation in relation to the Work Protection of Head Masters and

Teachers of Private Education Institute B.E. 2542 (1999 A.D) (Article 35) stated that teachers are entitled to severance. However, this issue has been amended and superseded by:

Ministry of Education Regulation in related to the Work Protection of Head Masters and Teachers of Private Education Institute (Second Amendment) B.E. 2547 (2004 A.D) states that Teachers shall not be entitled to severance from the following incidents:

(1) Voluntary resignation; or

(2) Foreign Teacher worked to the conclusion of the employment period; or

(3) Employment termination in accordance with Article 34 (which is related to misconduct issues); or

(4) Teacher's License has been revoked; or

(5) School terminates the contract due to the failure or inability to perform or pass the probation period.

So we can conclude that this person will not be receiving his severance from the school in accordance with this Announcement and Regulation.

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