Thai Employment Law

[siforcat]

I am looking for some information on Thai employment law.

I was told last week by the school that I work at that they want me to leave. I have worked at the school for just over a year and had just started the new school year. So far I have been given no real reason for why I have been sacked. I haven't broken any of the rules of my contract and am frankly bemused by the whole situation as the school will need to find another teacher to replace me.

My question is what compensation am I entitled to under Thai employment law. The school has chosen to end my contract. There is nothing in my contract about what would happen in this type of situation.

Of course I realize that this being Thailand just because there are employment laws doesn't mean the school will follow them.

But I would like to know where I stand legally with the school with regards to receiving any compensation under Thai law for the school breaking my contract.

Does anyone have any information on Thai employment laws in this type of situation?

[craigt3365]

I think you will do better with this in the Teaching in Thailand Forum. Let's try this topic there for now, ok?

[chickenslegs]

A google search turned up this site which may help.

[Beetlejuice]

Were you employed by the school legally?

Do you have a work permit? And a non immigrant B visa for example?

If so, what sort of contract was you given?

[Scott]

It also depends on the type of school you work for. The private schools are covered under the Private School Act that exempts them from certain aspects of the Thai Labor Law, including certain provisions of severance pay.

I don't have a link to a thread that contains aspects of that law that might apply to you, but I will look later today.

If you work for a Government school, then the regular Thai labor laws apply.

A little more about the school and the contract would be helpful.

Did you sign a new contract? Was it signed by the owner/director/principal? Do you have a copy?

[Kilgore Trout]

It also depends on the type of school you work for. The private schools are covered under the Private School Act that exempts them from certain aspects of the Thai Labor Law, including certain provisions of severance pay.

I don't have a link to a thread that contains aspects of that law that might apply to you, but I will look later today.

If you work for a Government school, then the regular Thai labor laws apply.

A little more about the school and the contract would be helpful.

Did you sign a new contract? Was it signed by the owner/director/principal? Do you have a copy?

Scott, doesn't the "in leiu of notice" rule still apply to private schools? I was under the impression that they must give you 30 days notice of termination from the monthly pay time, if they don't I think you are entitled to a month's pay after the 30 days.

I could be wrong though.

[Scott]

You could be wrong, but I think you are correct. I have limited internet access today, so I won't be able to try and find the thread with the Private School Act in it--it is in the teaching thread, and it would have been posted over a year ago, if I recall.

At any rate, immediate termination is permitted if there is some sort of danger to the students, such as abusive behavior. Even under these circumstances, a lot of schools will pay them for a certain amount of time. I know of one case where a teacher was given 2 weeks pay and another where he was given a months pay. The 2 weeks took him to the end of the month he was working. Both were not allowed to return to the school to work, however.

In the OP's case, he should be given notice of at least 30 days.

[siforcat]

To reply to some of the questions.

I am a 41 years old male from the UK working at a private school and I am working legally with a work permit.

As I said, i haven't done anything to break the terms of the contract. No problems with students, on time, did all the work I was asked to.

I have been given no real explanation for it and the school director has been avoiding my requests for a meeting.

I wasn't given 30 days notice. I was told to leave at the end of the month. So Tuesday 31 May will be my last day and I was told to leave on 23 May.

As of today they haven't said what they will or won't be giving me with regards to severance pay.

All your assistance is appreciated.

[Scott]

Prior to a termination, you should have received both verbal and written notice of any problem areas or concerns. You also should have received a written notice of termination. If you have not, then be sure and take any action that you plan to pursue immediately. Once you have been absent for 3 days without notifying the school, you are subject to termination.

I know someone who this happened to. He was sick and when he called the school, they told him to wait for a couple of days before coming back. He waited and was subsequently fired.

Do you presently have a contract and, if so, when is the finishing date of the contract?

[newbie001]

if he is part time though, none of those rules apply.

You can go to the department of labor and fight it, and will get one month salary minus the cost of lawyer fees. However, if the school has connections you could lose.

It isn't always worth fighting for a few weeks salary. The worst part is that they will terminate your work permit so you will have to leave the country that day they terminate it. They could be dicks and terminate today and not tell you.

[stickman]

In Thailand a company can get rid of a member of staff for any reason at all, to include no reason. Yep, even if you have done nothing wrong, they can give you your marching orders. However, they must pay severance as per Thai labour laws and the amount you receive depends on how long you have been employed there. From memory - and I could be wrong - for 1-3 years employment you should receive all money owing to you for work done in that pay period, plus 3 months severance on top of that. The best thing to do would be to contact the labour department for advice.

Edited May 27, 2011 by stickman

[Scott]

The law that you are referring to applies to government schools, the private schools are covered under a separate law, which exempts them from paying the normal severance pay.

I have been searching for the Private School Act, but I can't find it so far. I may have it on my office computer and will look.

This came up in a thread over a year ago with a group of teachers who were dismissed from a school.

[aidenai]

I have been searching for the Private School Act, but I can't find it so far. I may have it on my office computer and will look.

www.thailandteaching.asia/downloads/laws-thailand-57/private-school-act-2550-ad-2008-19/

[otherstuff1957]

One thing to remember is that there is no rule of precedence in Thai law. Just because a judge ruled in favor of the worker in one case does not mean that the next judge will rule the same way in an identical case in the future. So, while prior examples may show you what might happen, they do now mean that your case will be treated in exactly the same way as a previous case.

[Scott]

Aidenai, thanks.

[aidenai]

Aidenai, thanks.

No, Scott. Thank you for providing great advice and help to members of Thai Visa, Teaching in Thailand. Every time and all the way. :jap:

[BruceMangosteen]

I sought, and recieved, good legal advice regarding the severance requirements by law, for Government schools.

The situation was simple, the school was not renewing the one year contract after several years of service.

No severance is due the worker/teacher(in this case). The Government is exempted from the requirement.

As the TCT gets actual power, more and more teachers will obviiously be kicked to the curb, replaced by Filipinos and Africans with Education degrees, and unfortunately won't be compansated for their years of good service.Those internet lawyers who continue to post they will get three or six months pay should be disbarred and ignored. This is Thailand, common sense dictates the Thai Government isn't going to pay foreigners when they don't renew their contracts to teach for another school year. The situation of the OP while sad to read, is I assume common.

[Scott]

BruceM: Sorry to hear about your situation. Apparently I am wrong, since I thought the Gov't schools had to pay severance.

Thanks for the information.

[tamsom]

I truly feel for anyone who has been terminated without adequate compensation. There are lawyers who specialize in getting severance from schools. The fact that you continue to renew one year contacts is no excuse not to pay severance. The key factors are: verbal and written warnings; attendance; and most importantly, is your specific job still there? For example, if you were a Grade 5 Teacher, and there is a new Grade 5 Teacher, your position still exists. I know a few people who have gone to Labour Court and won. I think that there are postings about this, and information about lawyers who do this kind of work. As far as I know, the Labour department will be of NO help to you if you have renewed 1 year contracts, only a lawyer can help. Perhaps drastic changes have been made, and Teacher's rights in this matter have been extinquished. Perhaps an expert on Thai Labour law would enlighten myself and others.

[Scott]

More than one school that I am aware of has a difference between the starting salary and the probation salary. During the first 3 or 4 months, a teacher is on probation and earns a lesser amount of money. After probation the salary is increased to the negotiated amount in the original contract The difference between the two amounts is sometimes returned to the employee when they leave as 'severance'.

The problem with the reports in a lot of the threads on this issue is that they lack the specific information necessary to know the reasons for the termination and the terms of the settlement. This is Thailand, and compromise is the name of the game. A lot of employees will make a fair amount of noise and the employer will throw a few baht their way. I would guess it is significantly less than asked for and hardly constitutes a precedence for the legal system to follow.