Demand Letter Following Contract Non-renewal

[Rumpelstilskin]

The scenario is this: An individual working for an International school has signed and completed 3 separate one year contracts. Prior to year end the teacher has been informed that their contract isn't being renewed. The teacher believes that because the school's non-renewal is not for cause that they are entitled to severance.

What is the teacher's best course of action to pursue severance from the following choices?

• -- Wait until summer pay has been received and then proceed
  
• -- Write the school a letter asking that severance be paid
  
• -- Have an attorney write a demand letter asking that severance be paid
  
• -- Consult the Ministry of Labor (12th floor) in Din Daeng and seek their guidance prior to taking independent action
  

A further specific question -- Is there a statute of limitations that governs a request for severance following a contract non-renewal?

[haltes]

There is one important question that is of importance here:

Are you being replaced?

[Rumpelstilskin]

There is one important question that is of importance here:

Are you being replaced? Yes, the position will be filled next year by another Farang body.

[richardt1808]

Hi,

In terms of the labour law you are entitled to severance. There have been a few excellent threads here on this topic so perhaps use the search function to find them. There is a copy of the labour law within one of the threads (you can also do a search for that if needed) and if I remember correctly, there were specific cases of employers who tried to use 1 year renewable contracts to curcumvent the law but they were forced to pay in the end.

I would approach HR or the person who handled your contract and politely mention than in terms of the labour law your are entitled to severance and hand them a copy for reference. When they see that you are well-informed and aware of your rights, they may just settle without a fight which will see you get results a lot faster than if you waited.

[malcolminthemiddle]

Before diving on in I should have thought the best approach is to find out whether the school have allowed for severance within your final settlement.

Acknowledge the non-renewal notice in writing and ask for a Statement of Final Settlement before a date well in advance of the Contract end date.

If severance is not an item the door is open for you to politely remind them of your entitlement to severence with copy of supporting document(s) with a request to update your Statement of Final Settlement to include severence.

[mopenyang]

There is one important question that is of importance here:

Are you being replaced?

Why do you believe this is an important question?

[haltes]

Why do you believe this is an important question?

Because if the person is being replaced with someone else doing the same position then it's an open and shut case of severance having to be paid as the job is clearly not temporary in nature or it not for a specific project.

If the position is not being replaced then it might be possible to argue that the job was temporary but the courts would probably hold that it is not temporary (and severance was due) because of the fact the position was held for 3 years.

[Scott]

Here is one of the threads to look at:

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

And another:

http://www.thaivisa.com/forum/Non-renewal-...ts-t343346.html

There are other threads and I can't find them right now, but this is a starting point. Part of what needs to be answered is to find out under what laws you are covered--there are some differences for government and private schools, as was mentioned. Some international organizations (I don't know if this includes schools) follow the laws of their own country as well, so there are two possible courts of arbitration.

Best of luck and keep us informed.

[mopenyang]

Why do you believe this is an important question?

Because if the person is being replaced with someone else doing the same position then it's an open and shut case of severance having to be paid as the job is clearly not temporary in nature or it not for a specific project.

If the position is not being replaced then it might be possible to argue that the job was temporary but the courts would probably hold that it is not temporary (and severance was due) because of the fact the position was held for 3 years.

Actually, it may be even more clear cut than what you describe.

As external links are not permitted here, I would suggest that you Google "Labour Affairs Q&A, Supachai Manusphaibool, The Nation,

Published June 1, 2009" for an article addressing redundancy and other matters including standard retirement age and severance.

[Scott]

Some links are permitted. Those to organizations and non-commercial sites are, as are the Nation. If it is relevant to the topic we will allow it and if not, the url is usually edited so that posters can find the site. But thanks for being careful with the forum rules.

[mopenyang]

Thanks for the explanation.

Here's the link for the article I referred to above:

http://www.nationmultimedia.com/2009/06/01...ss_30104047.php

[cat5]

I thought that private schools were excluded from employee claims for severance. That was certainly the case a couple of years back. There was a specific act or instrument that excluded private schools.

[Scott]

Here is another thread that was running, in case you didn't see it:

Law: No Rights For Teachers At Private Schools - Thailand Forum

Actually, one of the threads has a link to the law as it relates to private schools and I can't find it, but I have limited time. Also a question (about the same time as the above thread was active) was posted in a forum for legal advice. Take a look and see if it helps:

Labor Rights Issue - Thailand Forum

I hope I am not re-posting links I have already put on. There is a lot of conflicting information and I, for one, would be very happy to get something concrete on this issue.

One problem is that so often, we only hear one side of the story and/or the circumstances may be unique. It's also not uncommon for people to be less than truthful.

[Loaded]

I thought that private schools were excluded from employee claims for severance. That was certainly the case a couple of years back. There was a specific act or instrument that excluded private schools.

Op's talking about an International School. I believe you are correct about Private Schools, and there was a long thread on here recently about this.

[Scott]

I am not sure how the international schools are licensed. They may be considered to be private schools.