Teaching Contract

[tobesurenow]

Hi all I am new here. Our school, who we have worked with for over five years now under a contract signed five years ago, has now asked us to sign a new contract. What can the school do if we refuse to sign the new contract? Can they refuse to hire us and what legal recourse would we have if they did refuse?

[TerryLH]

I'd guess that the school could choose to no longer employ you.

Without a contract they wouldn't be able to get you a WP.

No recourse because it was you who chose to not sign a contract to work there.

Is there some reason you'd choose to go that route? Just curious.

Edited February 11, 2012 by TerryLH

[Gone]

If you don't sign a new contract you could easily be fired.

You can talk to the Thai Labor Board and might be eligible for pay depending on the status of your previous contract up to 3 month of severance pay.

It's in your best interest to sign a contract other wise you have no leg to stand on if you do encounter problems ie: The Labour Board cannot help you.

If the new contract is for things like, less pay then before, less sick days etc. or in any way a downgrade of your previous contract then they can help maybe.

The Thai Labour Board are actually very helpful and many people do not realize that in Thailand, Employees have more rights then Employers.

I would suggest negotiating your new contract with your employer and if you are not happy then call the TLB

[Mario2008]

Moved to teaching section.

[sirchai]

Can they refuse to hire us and what legal recourse would we have if they did refuse?

They will not continue with you when you're not signing a new contract. You'd only have a chance to fight for your rights, if the new contract would be much different to your old one regarding salary, sick leave, etc.....

What's the point of refusing a new contract anyways? Many schools nowadays renew contracts year by year. Nothing wrong with it though.

[Scott]

I believe there is a school with a number of branches that is currently in the process of revamping its contractual arrangements with teachers. If you are with one of the branches, then there will be some winners and some losers. I am guessing more losers.

Just to be clear, you signed a contract 5 years ago and have not signed one since? You are now being asked to sign a contract--after 5 years without a previous renewal--and the benefits will change, I am assuming for the worse?

First of all, I would suggest not signing anything at this point in time and seeking legal clarification on the matter. If it affects a significant number of employees at your school, this may be quite cost effective. If it is a school with branches, then you might want to contact a few other schools to see if there situation is similar.

Best of luck and keep us posted.

[Scott]

Also, be aware that a contractual relationship exists regardless if there was a renewal or not.

This may get into some finer points of Thai labor law.