Severance Pay Sought From Thai School

[Jim's_a_Thai_Fox]

Hi there,

A current colleague of mine did not have his contract renewed at his previous school (non-govt school). He had worked there for 6 years. He applied to this school, and was accepted. In the interim, he informed his 'old' school that he would be seeking severance pay to the affect of 1 month for each year of service, quite a bit of money.

His old school is a very well regarded institution with high academic standards. My colleague was shocked when he got a call from his future boss (my current boss) telling him that his 'old school' had called his new employer threatening to drag this teacher's name through the mud if the claim for severance pay was dropped! He was effectively blackmailed.

My boss was in a bad position. He was looking at taking on a teacher who could cause massive problems for his program in the form of parent protests/complaints (albeit complaints based on lies). My friend/colleague was understandably shocked at this underhand tactic, but was ultimately left with no choice... follow his claim for 6 months pay and risk never being able to work in his adopted 'hometown' again, or simply 'suck it up' and move to this new school.

In the end, he dropped his claim to 6 months severance. When he told me about this, I was genuinely shocked and saddened that his former school could be so horrible. I know several teachers who are currently there - they have no problems at all... seems that if you don't rock the boat, all is well.

I suggested to my colleague that he 'name and shame' his previous employer, but after all this hassle, he just wants to leave the mess behind him. Fair enough. It is not my battle to fight, however, his claim for severance raised an interesting point with me personally:

Back in February 2011 I was given 30 days notice that my 24 month contract would not be renewed. I was given a letter from HR stipulating this was due to financial reasons and was verbally assured by the HR manager that should things change in the future, they would love to have me back.

However, in May 2011 my previous school has indeed hired several new farang teachers. Personally, I have no 'ego' involved here - I don't hold a grudge that they wanted new staff in and they have done so. However, legally, I am thinking of making a claim with the Labor Department as I was effectively made redundant, and for false reasons and as such, I could be entitled to 2 months severance pay.

I have no idea how to go about making in roads into finding out if I would indeed be eligible... I read somewhere about going to the labour court?

Any suggestions would be great. Apologies for the long/dual post.

Jim

[Ijustwannateach]

They cannot drop the claim for severance. They cannot drop it now, they cannot ask him to drop it, they cannot make him sign a contract under duress not to claim it. None of these things will be successful under Thai law. And I am sure the statue of limitations will be lengthy enough for him to lie low awhile.

What your friend should do, now that he knows what filthy disgusting slimebucket pusbrains the admin at his old school are, is wait until he passes whatever probationary period exists at his new school. Then, when the new school can see he is functional (and he needs to be extra cautious in this regard), he brings up a lawsuit against the old school, including extra damages for the threats. If the new school protests, he adds them to the lawsuit. No one can put pressure on him not to assert his legal rights without behaving criminally themselves. Then he publishes the lawsuit papers, complete with the name of the old school, and we watch that school have staffing problems for a few years.

Tasty, no?

[Ijustwannateach]

Regarding your situation, one of the few 'outs' from severance is when a position is actually eliminated. This nearly never holds water at a school, because it just is silly when a school argues that it doesn't need teachers any more. Your lawsuit will win.

[Scott]

Government schools are covered under the Thai Labor Law. Private Schools are covered under the Private School Act. The private school act specifically exempts certain conditions covered under Thai Labor Law.

[femi fan]

Then he publishes the lawsuit papers, complete with the name of the old school, and we watch that school have staffing problems for a few years.

Tasty, no?

No.

Your hoped-for staffing problems then cause havoc with hundreds of students, who will now get a substandard education due to your proposed actions. Your proposals, based on revengeful thinking, mess up those who education is actually for. Hundreds of lives affected negatively due to your need for revenge.

Learn from the experience, do nothing, and move on. If one wishes to live by the law, decide everything by the law, live with full contract security, then keep on teaching in one's home country. But no, we come to thailand to gain benefits from our teaching jobs that we can't get in our home countries. If we're prepared to take the benefits, prepared to live an easier life in general, then we should be prepared to take the rough with the smooth.

Amazing how people think that living in thailand should run in accord exactly with how it is in their home country.

[paully]

Learn from the experience, do nothing, and move on. If one wishes to live by the law, decide everything by the law, live with full contract security, then keep on teaching in one's home country. But no, we come to thailand to gain benefits from our teaching jobs that we can't get in our home countries. If we're prepared to take the benefits, prepared to live an easier life in general, then we should be prepared to take the rough with the smooth.

Amazing how people think that living in thailand should run in accord exactly with how it is in their home country.

But it should accord with how it is under Thai law, no?

Thai employment law, surprisingly enough, has many similarities with US or UK employment law including protections for the employee, the right to claim compensation from the employer in the event of unlawful termination (or severance) of the employee's contract being one of them. If the school has terminated the OP's contract after 24 months in the circumstances he describes then he is perfectly entitled to seek redress rather than 'take the rough with the smooth'. In effect it is a 'fake' redundancy, and the school should not be allowed to get away with it.

Edited September 22, 2011 by paully

[paully]

Private Schools are covered under the Private School Act. The private school act specifically exempts certain conditions covered under Thai Labor Law.

But it doesn't clearly exempt all claims for redress against the employer as some seem to believe, Scott.

[Spoonman]

How does one claim for severance if the company (A school in this instance) decides to not re-new a yearly employment contract. If you are on contract and the term of the contract is fulfilled by both parties I dont understand how one could claim for severance.

[Scott]

Private Schools are covered under the Private School Act. The private school act specifically exempts certain conditions covered under Thai Labor Law.

But it doesn't clearly exempt all claims for redress against the employer as some seem to believe, Scott.

I was not implying that it did.

[culicine]

How does one claim for severance if the company (A school in this instance) decides to not re-new a yearly employment contract. If you are on contract and the term of the contract is fulfilled by both parties I dont understand how one could claim for severance.

It's a good question but I think it's been covered here before. From what I gathered, you could claim severance from a school because the position still exists (someone will replace you). This differs from a "contract job", where a project is completed and the position ceases to exist after project completion. My understanding is that these rules apply for government jobs, such as as university lecturers. I work in a private school, and any claims for severance have been halted at the labour office, where those teachers were told that he rules didn't apply to them, though the exact reasons were unclear to me.....we did have one successful claim, where the teacher was terminated mid contract for weak reasons, and the school had to pay 9 months salary. However, he was part-Thai but I'm not sure how much bearing that had.

[Ijustwannateach]

I have never seen an actual case in which a private school obligated for severance successfully avoided paying using that silly 'Private Schools Act'. Oh, they'll trot it out and try to sound all official, as if they're not regulated by the Ministry of Labour. BS. Tell them you know your rights and if necessary ask a nice lawyer to write a letter for you; it focusses minds wonderfully on the legal truth.

One or two cases have actually been brought up in this forum (not to mention others), and in each case where the person pressed the issue against the school, the school caved immediately.

I have no sympathy for the schools which play these games. If an employee has been allowed to stay past the term for which severance becomes due- which is not short- the school bears some responsibility for hiring that person and dealing with the consequences of terminating them without due cause (termination for criminal behaviour, demonstrable failure to work, etc., is already covered as being exempt from severance- but you have to be able to DEMONSTRATE the cause, and if management isn't covering its bases that's not the employee's fault). If the person has been at the school even longer, and they are being terminated over an unusual incident, well, the more that the school bears some responsibility for cushioning the termination considering that longer term of untroubled service.

Severance is due in almost any case in which the school terminates the employee without his/her cooperation. That includes, as far as I have been able to discern, forced retirement, illegal worker (no proper visa or overstay), termination before the end of an illegally extended probationary period, and termination without proper notice, which requires (by law) a letter and then a meeting of notice regarding the problem (if non-criminal) before termination is allowed to be legally finalised. Contracts can not be legally be written by schools to define a teaching position as 'temporary'- those would not hold up in court- and no language in the contract, even if signed, can circumvent any of these labour regulations- in fact, I would imagine trying to avoid such laws through such means would qualify the employee for extra punitive damages, or at least punish the school in that manner. Severance is also due any employee whose contract is not renewed while the position remains extant, because otherwise no schools or other employers would EVER allow employees to become full-time and qualify for benefits!

Considering that the flip side of professionalism is that teachers are supposed to commit to a school for an entire YEAR in order to be properly professional, and I have even less sympathy with the kind of schools who want to try a 'revolving door' policy to avoid paying benefits, including summer pay, to its teachers. Schools will have to learn that they cannot dismiss teachers out of convenience without paying a price, as they have abused their belief that they could do so for far too long without enough challenges.

In closing, I'm not a lawyer, but the best legal opinions I've heard (including from people who ARE lawyers) back up what I've said here. Don't trust me, though, get that lawyer to write your letter and pick up your severance. Unite, brothers and sisters in labour!

[Ijustwannateach]

Then he publishes the lawsuit papers, complete with the name of the old school, and we watch that school have staffing problems for a few years.

Tasty, no?

No.

Your hoped-for staffing problems then cause havoc with hundreds of students, who will now get a substandard education due to your proposed actions. Your proposals, based on revengeful thinking, mess up those who education is actually for. Hundreds of lives affected negatively due to your need for revenge.

Learn from the experience, do nothing, and move on. If one wishes to live by the law, decide everything by the law, live with full contract security, then keep on teaching in one's home country. But no, we come to thailand to gain benefits from our teaching jobs that we can't get in our home countries. If we're prepared to take the benefits, prepared to live an easier life in general, then we should be prepared to take the rough with the smooth.

Amazing how people think that living in thailand should run in accord exactly with how it is in their home country.

There are far too many schools as it is, and the ones that are run so poorly SHOULD fail. I agree it is sad for the students, but the schools can't all stay in business, and better to have the worst ones fail as a result of their own actions.

The children, in any case, are always the victims of poor management- better to get them out of such a dysfunctional environment soonest, if you really cared about them.

[Scott]

I have not had the time to search the forum for some topics which came up about two years ago which is relevant to this situation. I know one of them pertained to a small group of employees from a school who pursued a claim from a private school and were told they were not entitled to severance. (One lawyer had told them they were and a second said they weren't).

Unfortunately there was never a follow up post to as how it ended.

Contracts ended mid-term for no good reason will likely fall in favor of the employee.

We also don't always know (and some posters have not posted information) if there were official written reprimands.

Subjects do get discontinued. I know of a school that offered several foreign languages. One language was discontinued.

My point is simple, know the regulations that are likely to be thrown at you. If you have been terminated, by all means pursue a case, it's not like your going to lose your job!

It is Thailand and my guess is that most schools would pay something to make it go away.

[femi fan]

But it should accord with how it is under Thai law, no?

Thai employment law, surprisingly enough, has many similarities with US or UK employment law including protections for the employee, the right to claim compensation from the employer in the event of unlawful termination (or severance) of the employee's contract being one of them. If the school has terminated the OP's contract after 24 months in the circumstances he describes then he is perfectly entitled to seek redress rather than 'take the rough with the smooth'. In effect it is a 'fake' redundancy, and the school should not be allowed to get away with it.

Well, this is the question, should it accord with thai law? In my opinion, frequently, no.

Thai law has many similarities with US or UK law, not just in education. Where the difference lies is in the application of the law. At the heart of thai culture lies the need to avoid causing loss of face to others in public. And this takes place in a context of a hierarchical society.

It starts to become clearer how problems such as in the OP manifest themselves. The trick for the westerner is whether to go with the flow, don't try and push the river, or act as they might if they were in their home country, where different cultural and societal forces underpin everyday behaviour.

I agree that in a perfect world the school should not be allowed to get away with it. But that is not a world we live in. If one loves to live by the law, then don't live here. If one loves being able to break silly laws without being fined ridiculous amounts of money, then live here. If one wants the law to arbitrate all human contact, then don't live here. If one prefers a more flexible attitude towards living life and fixing problems, then live here.

Theoretically yes, one is entitled to seek redress. But in practice this may require the seeker to pay a heavy penalty. Thais in thailand live a certain way, they know that rocking the boat is not a very good thing to do. Some westerners ignore this, and prefer to live the way they think they should be entitled to, regardless of which country they are in.

In other countries pursuing this redress may have already caused one's death.

Go with the flow. Or rock the boat. Take your pick.

[paully]

Theoretically yes, one is entitled to seek redress. But in practice this may require the seeker to pay a heavy penalty. Thais in thailand live a certain way, they know that rocking the boat is not a very good thing to do. Some westerners ignore this, and prefer to live the way they think they should be entitled to, regardless of which country they are in.

In other countries pursuing this redress may have already caused one's death.

As Scott has - in effect- already pointed out, if the OP has lost his job he hardly needs to be worried about his ex-employer's face, does he? What penalty would he really suffer by taking up his perfectly legitimate rights under Thai law? A Thai employee in the same position as he might well do the same. Not exactly a risk of death attached to it.

Edited September 23, 2011 by paully

[ludditeman]

They cannot drop the claim for severance. They cannot drop it now, they cannot ask him to drop it, they cannot make him sign a contract under duress not to claim it. None of these things will be successful under Thai law. And I am sure the statue of limitations will be lengthy enough for him to lie low awhile.

What your friend should do, now that he knows what filthy disgusting slimebucket pusbrains the admin at his old school are, is wait until he passes whatever probationary period exists at his new school. Then, when the new school can see he is functional (and he needs to be extra cautious in this regard), he brings up a lawsuit against the old school, including extra damages for the threats. If the new school protests, he adds them to the lawsuit. No one can put pressure on him not to assert his legal rights without behaving criminally themselves. Then he publishes the lawsuit papers, complete with the name of the old school, and we watch that school have staffing problems for a few years.

Tasty, no?

Very good idea, it's not likely the former school will claim they wrote out false references to the new school at a later date.

[otherstuff1957]

Thai law does not follow precedent, that is, each judge can decide each case on its own merit without any regard as to how a similar case was decided in the past. So, predicting how a Thai judge will decide a particular case is rather difficult.

A friend of mine was not renewed by a private school after 2 years of teaching. He sued for severance and lost.

[Scott]

Otherstuff, my experience has been similar to yours with regard to severance pay. Here is one of the threads that discusses the issue:

[Scott]

And here is a second thread on the same issue:

I have worked for a private school, actually 3 but all affiliated, for quite a number of years and my position is an administrative one.

I cannot speak with a great deal of certainty, but I know teachers have gone to the MOL for severance and in the past roughly 12 years, no one has been given severance. I haven't been in the meetings, so I don't know what was said or the evidence.

There are just too many variables to definitively say that a person employed by a private school cannot collect benefits. In some situations, teachers had received formal, written reprimands (nothing serious). These were a factor in non-renewal of the contract. Whether they were evidence with the MOL, I don't know. Others had an unblemished record as far as formal reprimands. Perhaps the school is presenting evidence I don't know about, but they also didn't get severance. (Things like absences, tardiness etc.?)

There is an end of contract payment that employees can get. To get this, they sign a statement that agrees that all legal claims between the employee and the school are settled and there is no further legal liability or relationship between either party. Once signed by both parties it is apparently legally binding for claims against the school. If someone doesn't sign it, then they don't get the money. Most people grab the money and run--regardless of the fairness of the situation.

What we have is a lot of conflicting information. Some say you can get it, some say no. I do know that some schools will offer something to make the problem go away, but that's not necessarily severance and doesn't give a clear indication of the MOL stand and the relevant regulations.

Again, by all means proceed (I have advised people to do this when I think they have been wronged--sometimes at great personal risk to my own job). And please do us a favor and post the outcome. It would help a lot of teachers.

Edited September 23, 2011 by Scott
spelling

[Jim's_a_Thai_Fox]

Hi there,

than you kindly for all the debate and information. I spoke briefly to my colleague and he mentioned that because he had 'voluntarily' dropped his severance case, he could not pick it up again... more mud into already brown water!

As for myself, I do admit that Femi Fem has a point. If I were in Bkk, I would contact a lawyer... but out here in the sticks, I have thought about the consequences of bringing up such an action. Would I be rocking the boat? Would I basically not be able to get a reference from them in future? I would have the feeling that they would 'take it personally' and I could risk upsetting some pretty influential people in my small town.

That said, I am on good terms with the head of the program who reports to the board. Maybe I will have a chat with him 'off the record' about the whole situation. As I stated, I got a letter from HR stating the reason I was not being renewed was purely a financial one. I have never received any communications stating unhappiness with my attitude/work etc.

It's a tricky one: the sum involved is not a lot, 50k. Is it with the potential 'blackballing'?

Cheers, and thanks again

James

[Scott]

The issue of face is very important and you might very well find your self unemployable in the area because of your action, but there is no way of telling. Is the relationship between the previous school and the new school a good one or close one? If so, you will have difficulties. If, however, they are competitors, they may well be happy to have a 'problem' employee work for them.

It is Thailand and all along the way, there will be an effort to compromise so that everyone ends up happy.

Dropping a claim, usually means that both parties have reached an agreement. Something has to be signed by someone to say the situation is resolved, to the best of my knowledge.

[SICHONSTEVE]

They cannot drop the claim for severance. They cannot drop it now, they cannot ask him to drop it, they cannot make him sign a contract under duress not to claim it. None of these things will be successful under Thai law. And I am sure the statue of limitations will be lengthy enough for him to lie low awhile.

What your friend should do, now that he knows what filthy disgusting slimebucket pusbrains the admin at his old school are, is wait until he passes whatever probationary period exists at his new school. Then, when the new school can see he is functional (and he needs to be extra cautious in this regard), he brings up a lawsuit against the old school, including extra damages for the threats. If the new school protests, he adds them to the lawsuit. No one can put pressure on him not to assert his legal rights without behaving criminally themselves. Then he publishes the lawsuit papers, complete with the name of the old school, and we watch that school have staffing problems for a few years.

Tasty, no?

Am I missing something or had the contracts expired and not been renewed??? Surely, if they haven't severed an existing contract then the schools are not compelled to renew them or pay severance as it is their perogative entirely, whether they want to continue with your employment in the school or not.

The word "contract" say's it all - what's all the nonsense and fuss about!!!

You wouldn't have "a leg to stand on" in England or any other Western country - let alone in the Thai courts!!!:jap:.

The threats are out of order, but it is your misunderstanding on the situation that has created this unnecessary situation from arising in the first place.

Just as an example: If a players contract expires at a football club and for whatever reason they want to release him then they will do.

The school, as far as I'm concerned, doesn't really have to give a reason either as termination of your employment upon the ENDING of the contract period (importantly) is matter of fact should they deem it to be in the best interests of the school's functioning!!

[SICHONSTEVE]

How does one claim for severance if the company (A school in this instance) decides to not re-new a yearly employment contract. If you are on contract and the term of the contract is fulfilled by both parties I dont understand how one could claim for severance.

It's a good question but I think it's been covered here before. From what I gathered, you could claim severance from a school because the position still exists (someone will replace you). This differs from a "contract job", where a project is completed and the position ceases to exist after project completion. My understanding is that these rules apply for government jobs, such as as university lecturers. I work in a private school, and any claims for severance have been halted at the labour office, where those teachers were told that he rules didn't apply to them, though the exact reasons were unclear to me.....we did have one successful claim, where the teacher was terminated mid contract for weak reasons, and the school had to pay 9 months salary. However, he was part-Thai but I'm not sure how much bearing that had.

I think the term "mid-contract" holds the clue - not the same as not wishing to re-new one!!! Please tell me, what is the point of a defined term contract if either party cannot terminate at that point should they wish to (and for WHATEVER) reason????

The school has done nothing wrong.

If you have an indeterminate length contract with a company and they replace you without closing the position (bringing someone else to fulfil your job) without justification then you HAVE a CASE ie: they have in effect made you redundant. That's the difference, I think you'll find :jap:.

[thaicbr]

How does one claim for severance if the company (A school in this instance) decides to not re-new a yearly employment contract. If you are on contract and the term of the contract is fulfilled by both parties I dont understand how one could claim for severance.

It's a good question but I think it's been covered here before. From what I gathered, you could claim severance from a school because the position still exists (someone will replace you). This differs from a "contract job", where a project is completed and the position ceases to exist after project completion. My understanding is that these rules apply for government jobs, such as as university lecturers. I work in a private school, and any claims for severance have been halted at the labour office, where those teachers were told that he rules didn't apply to them, though the exact reasons were unclear to me.....we did have one successful claim, where the teacher was terminated mid contract for weak reasons, and the school had to pay 9 months salary. However, he was part-Thai but I'm not sure how much bearing that had.

I think the term "mid-contract" holds the clue - not the same as not wishing to re-new one!!! Please tell me, what is the point of a defined term contract if either party cannot terminate at that point should they wish to (and for WHATEVER) reason????

The school has done nothing wrong.

If you have an indeterminate length contract with a company and they replace you without closing the position (bringing someone else to fulfil your job) without justification then you HAVE a CASE ie: they have in effect made you redundant. That's the difference, I think you'll find :jap:.

I think you will find that extension of the same contracts here in in Thailand that are over 3 years constitute a full time job as opposed to a contract job (this is why some schools change contract details, or in fact get rid of staff before 3 years) therefor fitting your last paragraph.

[femi fan]

Hi there,

than you kindly for all the debate and information. I spoke briefly to my colleague and he mentioned that because he had 'voluntarily' dropped his severance case, he could not pick it up again... more mud into already brown water!

As for myself, I do admit that Femi Fem has a point. If I were in Bkk, I would contact a lawyer... but out here in the sticks, I have thought about the consequences of bringing up such an action. Would I be rocking the boat? Would I basically not be able to get a reference from them in future? I would have the feeling that they would 'take it personally' and I could risk upsetting some pretty influential people in my small town.

That said, I am on good terms with the head of the program who reports to the board. Maybe I will have a chat with him 'off the record' about the whole situation. As I stated, I got a letter from HR stating the reason I was not being renewed was purely a financial one. I have never received any communications stating unhappiness with my attitude/work etc.

It's a tricky one: the sum involved is not a lot, 50k. Is it with the potential 'blackballing'?

Cheers, and thanks again

James

Clear waters, a smooth ride, no enemies, nobody loses face, take a wee hit with the ego, lose a bit of money...

Go for your rights man! Do the western thing in an eastern land...

Take your pick!

[Ijustwannateach]

I would like to remind our members that this subforum is a PRO-TEACHERS forum. Please be advised of subforum guidelines in the pinned thread before posting.

I must point out that in my experience, every teacher I've known who has been entitled to severance has received it, usually as a matter of routine, from the better schools which mostly do things by the book anyway. Schools which thought they could bamboozle, threaten, or otherwise evade their legal obligations almost always eventually had to pay- usually after a friendly legal letter- though they rarely made it obvious that they did so, as THAT would be a real loss of face.

I am sure that a number of teachers have opted out before the process was completely; either they simply decided not to bother with conflict for a relatively small amount of pay, or another number probably caved in under the threats. Readers of this thread should be assured that they have rights and those rights are usually respected by Thai law, if not always by Thai schools.

Suggestions that there will be any serious criminal repercussions of an amount of money equal to a month or two of rural teacher's pay are quite paranoid and ridiculous, unless the persons involved are psychotic. While reputations may be affected and there may be personal acrimony as a result, I don't see anyone who is actually involved in running a school as being stupid enough to involve himself in criminal harassment which could affect the reputation of his own school and business (would parents keep their children in such an institution when word was out)? Sigh.

Readers may decide for themselves what may be the motivations of those who wish to discourage the OP from asserting his legal rights to severance.

[saengsureeya]

How does one claim for severance if the company (A school in this instance) decides to not re-new a yearly employment contract. If you are on contract and the term of the contract is fulfilled by both parties I dont understand how one could claim for severance.

Thought so too, but obviously, you remark is going over everybody's heads.

[Jim's_a_Thai_Fox]

Hi folks,

In response to poster 'Sichonsteve' I would say that I totally agree with you. A teacher signs a year contract (in my case it was for two years), that contract runs its full term and the school simply chooses not to renew. Why should I even consider 'making a claim for severance', right?

A tiny bit of background about me - I am 'commercially minded' person, I don't class myself a public sector sponger and have worked in high pressure managerial and sales positions in my previous life in the west. Never claimed benefits in the UK, even if due, just didn't feel right. I feel it important to mention this, a I am not a lazy slob sitting on his sofa with my hand outstretched demanding what's mine.... but, that said, after some reading, I now see the 'severance' issue slightly differently.

A contract job is a short term employment for a specific period/project. Teaching is an on-going thing and should really be an open ended contract (such as the case in my first teaching post in Thailand 7 years ago).

My previous school gave false reasons for not wishing to continue my contract, in this case they said they couldn't afford farang teachers anymore, which put me in a tricky position as sole bread winner supporting a wife and son. Personally, I held no ill feeling toward the school - I know that Thais hate confrontation and telling a 'white lie' avoids loss of face etc.

However, if it is my legal right to be able to claim two months salary, then why not consider it???

cheers

James

[paully]

Am I missing something or had the contracts expired and not been renewed??? Surely, if they haven't severed an existing contract then the schools are not compelled to renew them or pay severance as it is their perogative entirely, whether they want to continue with your employment in the school or not.

The word "contract" say's it all - what's all the nonsense and fuss about!!!

You wouldn't have "a leg to stand on" in England or any other Western country - let alone in the Thai courts!!!:jap:.

You've made the error of assuming that the employment contract is only the original written version signed by the OP and his employer. However, if he was kept on after his original fixed contract expired, he was therefore in a state of employment, still employed by the employer and his contract of employment therefore continued. He thus does 'have a [legal] leg to stand on', be it in England or Thailand.

Edited September 27, 2011 by paully

[harrry]

Even in australia a person cannot use contracts to avoid paying benifits and also it is consdered that if a person is employed to the same job that the employment will continue and adequate notice and severence is payable,.