Can'T Work For The School, Because Of The Contract With An Agency?

[sirchai]

Hello,

A friend of mine is working for an agency at a primary school. He'd signed a contract that he couldn't work directly for that school within the next two years. Easy to understand why agencies are doing that.

":Good teachers" will be asked if they wouldn't like to work directly for the school, especially when they get rid of the "superb" agencies, nine or ten months salary and their quality of educators they send.

The agency has lost their contract with the school and this guy would like to continue at this school, being directly employed. What could an agency do to him, if he'd start to work there after resigning from said agency?

Is that common practice, or just a better joke? The same agency lets people work without work permits and other unusual stuff against Thai law.

Any input would be deeply appreciated.

[puchooay]

That good old post starter " a friend of mine......"

You seem to have a lot of friends.

[sirchai]

That good old post starter " a friend of mine......"

You seem to have a lot of friends.

Great answer.I'm trying to help a friend, yes!

Edited February 23, 2012 by sirchai

[Mario2008]

It is a breach of contract and he could be sued for that.

Best way forward is to try and get permission from the agency, maybe offering some money if they allow it.

[thunder30101]

If that agency no longer has a valid contract with the school in question, why would any court honor an agreement concerning the school that is no longer valid ??? Contracts in thailand with schools are worthless, as long as the school wants to employ him who do you think will win in court lol ??? I would never let some tinhorn rip-off agency dictate my job choices especially in thailand !

[sirchai]

It is a breach of contract and he could be sued for that.

Best way forward is to try and get permission from the agency, maybe offering some money if they allow it.

Thanks a lot for your suggestion. Permission from the agency if you're not working for them any more? Sorry, I'd not even offer one single baht. The school canceled their contract with the agency, the employee as well..Which chances would they have to sue him/her?

[Loaded]

It is a breach of contract and he could be sued for that.

Best way forward is to try and get permission from the agency, maybe offering some money if they allow it.

This is civil law and not criminal law, so for the agency to sue, they would have to first employ a solicitor (50 -100K for a job like this), prove in court there was material damage, deposit 2% of the amount they sue the person for with the court and finally wait 15 years while the first court, appeal court and supreme court processes are exhausted. I think the agency will just move on.

Edited February 23, 2012 by Loaded

[Pseudolus]

He should just go and work for the school and ignore the agency. He should also go through his contract and find something they did not do (the school should as well) and then refute the contract. There are loads of ways out of this type of thing, not least just not taking their calls any more. Short of them walking into the school and catching him what are they going to do. They might though hold his work permit so that is a consideration I would think.

[somchaismith]

I think the contract that the agency has with the school, must also be taken into account and not just the contract between the teacher and employer.

[Bakeman]

I run an agency and you are right I would pull their work permit. Suing is a hassle and unless there was defimation of character I would not sue. If the agency lost their contract then that means another agency won the new contract. The new agency would then ask for a reference from the previous agency. Breach of contract would then come into play. It is cheaper to hire from agencies that already have all documents prepared and have the ability to provide certified subs. Again its about $$$$$$$$$$$ Good point is dont sign a contract unless you intend to fulfill your end of the bargain. It costs overhead to hire people including proper documentation.Again its about $$$$$$$$$$$

Edited March 7, 2012 by Bakeman

[Scott]

A sarcastic off-topic post has been removed.

This sub-forum is for teachers and about teaching in Thailand.

[Ijustwannateach]

While lawsuits are unlikely, trouble and consequences of some sort will ensue. I would suggest either honoring the contract or not signing with an agency which required those terms. You can get a lot of mileage out of just doing some pounding of the pavement on your own.

[angsta]

A friend of mine (no really) had this same problem. He let the school deal with the agency and signed a contract with his school when his initial contract with the agency ended. I wouldn't worry about it. Let the school worry.

[Scott]

An off-topic post has been deleted. This sub-forum is for and about teaching.

This thread is not about how much agencies charge, should charge or their costs of operating.

Stay on the topic.