Not Salary For Foreign Teacher During Oct Holiday

[gmr85uk]

I've been working at a semi-private college in Isaan for 3 months now and i've just come into a problem with the mangement there...

The director, told me on friday 1st that starting money, I don't need to come to school for 2 weeks because the school will be closed for holiday and that she will not pay me for these 2 weeks. I asked if the Thai teacher will get paid for the holiday and she said YES because they will still come to school everyday during the holiday but that I can't do this becuase I don't have any work to do.

After she said this, I asked as many thai teachers as I could about holiday and they said they ALL said that they will come in school for monday and tuesday but after that they will have holiday for 2 weeks and get full salary. Cleary then the director lied about this point and simply doesn't want to pay me. I have signed a contract with the school, which I have a copy of and which is signed by me, the director and 2 witnesses that says she will pay me 13,000 baht every month. However it is not a very thorough contract and there is no mention of holiday pay or holiday entitlement.

I don't know what to do as if she doesn't pay me I wont have enough money to pay my rent.

Does anyone have any advice or knowledge about thai labour law in this regard?

Thanks

Glen

[sarahsbloke]

Go in on Monday and

Tell her if she doesn't pay you you won't be back.

(as you will have to get a job somewhere else)

Forget about the law, this is Thailand, you are a foreigner.

PS

I'm assuming at 13kbht a month you have no teaching qualifications and no work permit.

Edited October 3, 2010 by sarahsbloke

[naboo]

Leave. For 13k a month, its not worth dealing with an arse like that.

[gmr85uk]

Thanks, I've already found another job for 24k starting in November, (although I haven't told the school yet because I was going to do it friday but then this came up) the problem is I need that 13k to pay my rent. My situation is a extremely complicated as I know director doesn't want me there because 1. she doesn't like foreigners and 2. Because she wants to save money. The only reason I got a job there is because the owner of the college wanted a farang there.

I've read alot of stories online about farang's taking schools to court and winning, i'm not sure I want to go this far but I would like to go in on Monday with some legal ammo and make my case so she will pay me.

[scorecard]

Thanks, I've already found another job for 24k starting in November, (although I haven't told the school yet because I was going to do it friday but then this came up) the problem is I need that 13k to pay my rent. My situation is a extremely complicated as I know director doesn't want me there because 1. she doesn't like foreigners and 2. Because she wants to save money. The only reason I got a job there is because the owner of the college wanted a farang there.

I've read alot of stories online about farang's taking schools to court and winning, i'm not sure I want to go this far but I would like to go in on Monday with some legal ammo and make my case so she will pay me.

You might get some more focused and valuable advice (legal advice) if you state whether ot not you have a work permit.

If you don't then I wonder whether the 'contract' you have is legal.

If you do have a work permit then listen to some good advice about the complications involved in cancelling the work permit and in regard to changing to another employer. If you do have a work permit make sure you have a photocopy of every page. Also, make sure you understand how cancellation of tghe work permit (which you must take seriously) effects your visa.

I'm not suggesting that you should put up with your current situation, just make sure you get legal advice specific to your situation.

Good luck.

Edited October 3, 2010 by scorecard

[naboo]

Thanks, I've already found another job for 24k starting in November, (although I haven't told the school yet because I was going to do it friday but then this came up) the problem is I need that 13k to pay my rent. My situation is a extremely complicated as I know director doesn't want me there because 1. she doesn't like foreigners and 2. Because she wants to save money. The only reason I got a job there is because the owner of the college wanted a farang there.

I've read alot of stories online about farang's taking schools to court and winning, i'm not sure I want to go this far but I would like to go in on Monday with some legal ammo and make my case so she will pay me.

Only hope you have of getting the money is through the owner of the school. Once you've failed, make sure you're clear that you're leaving them because they've not paid you for October. May help the next unfortunate soul who ends up taking your place.

Borrow the 13k off a friend, cut your losses and make sure holidays are specified in your next contract. 

[Scott]

Sorry about your situation. It is especially difficult for employees when money is a serious issue. You might need to find someone who can lend you some money until you are settled into your new job. In addition to rent, you will most likely be faced with having to exit the country and start the non-immigrant process all over (especially if it is tied to a Work Permit).

Whether you have a work permit or not, you can take the school to court, but at the end of the day, you are not likely to get very much money out of the deal, at least not enough to live on.

Best of luck and keep us posted.

[gmr85uk]

Well This morning, I went on the offensive and handed the director an official looking signed letter that I drew up with my request for full salary. I also gave her a copy of my contract (whioch she didn't know I had) and some not very convincing quotations from Thai law to back up my legal justification for this request that seemed to loosely apply.

This seems to have done the trick and I can happily report that this afternoon, the head of English quietly pulled me aside (presumablly so the director doesn't loose face) and whispered that everything is ok and the director has agreed to change her mind pay full salary this month. I guess the sight of this paperwork as well as her presumed aknowledgment that what she was doing was shifty had worked.

Considering the way she has dodged, sneered and mumbled about me over the last few days (or shall I say months?) I'm considering this a victory. Although she also hinted to this teacher that she will want to review my contract in March. I presume this is because of my victory and to show she still has some power. Although considering it's a year contract I doubt she could do this. Anyway, this won't matter as soon I'll give her my notice that I'm moving schools, so hopefully everything will be okay...

...fingers crossed!

[Scott]

I am glad with winds of change are blowing in your direction. Keep your backside covered and best of luck.