Breaking A Teaching Contract.

[TyGrr]

Hello!

I have just been told by the Govt School I work for that they would like to cancel my 1 year contract with them. This contract started May1st and is to end April 31st 2011.

They have told me they wish it to end in one week on the 30th of Sept. I think that this is illegal but I am not an expert. I would like to type part of the contract that relates to this case.

Clause 5 This agreement is terminated on :

1 Completion of the term of employemtn

2 If I die

3 Either party can cancel the contract for any reason if they give a 3 month warning.

4 If I am too sick to teach, note from Doctor.

5 If there is "serious misbehavior sesrtion of duty without justification"

So I think I should be given 3 months warning and pay if they really want to fire me. However under the heading of Copy Right..

Clause 9 and Clause 10 are related to copyright.

Clause 11 however states "In case of teaching evaluations per semester is unsatisfied to all parts in school, the agreement will be ended with out any reasons."

They are saying they do not need to pay me, and can cancel my visa because of this Clause 11.

They are saying that I did not pass the 80% approval rating from teachers, co-teachers, students and parents.

This is the firs time the school has ever had western teachers and is part of a new Govt program. I am schocked as I have one year contracts for my house, Internet and my sons School.

I have not done anything wrong and would like to know if they are in fact under Thai law are able to fire me with out the 3 months pay and with out me keeping the visa for 3 months while I sort something out.

Clause 12: This agreement is subject to Thai laws and any dispute arising from this agreement shall be submitted for adjudication at the Civil Court Bangkok Metropolis.

I know most of you are not lawyers but please help me out with advice ideas. Thank you so much!

(Also I have lived in Thailand for 6 year, Have a Thai son and graduated from a leading Thai University in a 4 year bachelor program)

[TyGrr]

I would like to add that they did the first review 3 weeks ago, and then the second 1 week ago. They did this with out giving me a real change to improve. Does this help my case? Thanks so much

[Citizen313619]

From my experience - most "contracts" arent worth the paper they are written on

[TyGrr]

I would really like to fight this. I think this is highly unfair. Esp the part where I no longer have a visa. Do I have a chance or is it a lost cause?

[KHUNDAN]

I would really like to fight this. I think this is highly unfair. Esp the part where I no longer have a visa. Do I have a chance or is it a lost cause?

You are talking to the wrong crowd here, all we can do is speculate so my advise to you is visit the Labour Office with your contract in hand and try and sort it out.

Dan

[BWPattaya]

I think that you would be wasting time, effort, and money. They can cancel your work permit and then you will have one week to leave Thailand (depending what visa extension you are on). Walk away from it, it is the easy option.

[Mario2008]

Your "visa", it is actually an extension of stay, is gone if it was based on your work. The day you lose your job, 30 Sept, is the day you have to leave the country.

I suppose you are not married to a Thai. You could apply for an extension of stay based on your child's education, if you have 500,000 in the bank.

If your child's stay is dependent on you, he will have to leave too, but he can get an extension of stay based o his own education.

The labor office is there to help you with problems with your employer. If necesarry they will go to court for you.

[Scott]

Yes you will need to visit the labor office. Several months ago there was a thread on this issue and if I have time, I will look back and see if I can it. One of the things posted was a link to the labor laws. Private schools are exempt from these, as I recall, but not gov't schools.

It would have been around last February or March. I'm a little busy right now, but when I have time, I will look for the thread.

[TyGrr]

I would so very very much love a link to the labor laws. Thank you very much! Also I think I might end up going to a Thai lawyer to see my options. I hope it is not a waste of time. Thanks again all!

[TyGrr]

I was able to find this info below from http://www.worldwideconsulting.com/thailand.htm Seems I should get 4 months pay since I did not do anything crazy.

Termination of Employment

Employment termination with cause (in which event the employer can terminate employment without notice and/or compensation) is governed by the provisions of Section 583 of the Civil and Commercial Code and Section 119 of the LPA, and includes gross negligence, willful disobedience, dishonesty or criminal act. When there is employment termination without cause, it is compulsory under employment laws that the employer make severance payment (in addition to notice) to the employee according to the length of unbroken service:

From 120 days but less than 1 year the amount is 30 days

Glad to be reading this.

[Scott]

Here's another link that might provide you with some information:

http://www.pacificbridge.com/publication.asp?id=5

[Scott]

And here is another that might help you out:

http://www.thaivisa.com/forum/index.php?app=forums&module=post&section=post&do=reply_post

[Scott]

The final link I was looking for I can't post--just not very tech savvy, but it's in this thread:

This link (in post # 10, I believe) concerns private schools.

Best of luck and keep us informed.

[Phatcharanan]

Go to the Labour Offices. They are very helpfuL. You do not need a lawyer at this point. Do you have a Thai friend that can help you at the office?

Inform the school too that you are going.

Edited September 26, 2010 by Phatcharanan

[otherstuff1957]

If you are married to a Thai woman, you can take proof of that marriage and maybe a few other documents and get a 60 day Visit Your Wife Visa, or something along those lines. I got one when I was changing jobs a few years ago. It's supposed to be a one-time-only visa, but I got it twice, though they were about two years apart.

[TyGrr]

I am not sure what I am going to do about the Visa but I did go to the Labor Department. They looked at my documents and recommended I get a lawyer. Have the lawyer talk to the school and then sue if they don't do right.

So, I went to a leading member of Government here, who also happens to be a lawyer. He saw the contract and told me he would try to get at least 7 to 8 months pay. I was only going to ask the school for 3 to 4. Furthermore he thinks this is more or less a done deal as I don't pay him unless he gets at least 7 months pay for me.

Part of this I'm sure is related to my education. My photo in the work permit is me in my graduation uniform. He saw it and said "Oh, you finished from this school. Send me a copy of your diploma, we will show the judge. They can't treat you like this." My lawyer was also a student at this same University and odds are the judge will be as well.

Anyway over all I am pleased with what has happened so far, however at this time I have no money. So when/if it comes I will let you know.

[Phatcharanan]

So, I went to a leading member of Government here, who also happens to be a lawyer.

Of course you did.

[TyGrr]

I meant provincial government if I was not clear. Very hard to guess tone of voice.

Also related to this case, The first contract I signed with the school was for 3 years. When we made a new one seems they did not fulfill their obligations for the remaining two years. (we changed to one year). This could end up being rather interesting. And to think I would have been happy with a polite explanation and one months pay.

[Mario2008]

You signed the new contract, waiving the old contract with that.