Hi,

This has had much discussion over many years without ever being an iron clad answer.

Could you please clarify whether foreign school teachers who have worked many years (8) for the same governement school and given the same 1 year contract can refuse to then sign a significantly changed contract at expiry of the old? If so are they entitled to severance pay as par with the private company dispute guidelines? Furthemore, is there a minimum period in which a new contract should be presented to a teacher for him/her to look over before agreeing or not? Discussed this yesterday with somone who has been given just 1 and a half days notice to sign before current work permit expires.

Many thanks.

Sunbelt Asia was recently asked this question by a group of teachers and our senior lawyer double check with the Labor Office on this matter.

The Private School Act does allow for differences in severance pay, the Labor Act will supersede the Private School Act if there is a conflict.

The Labor Act takes precedence over any other law and severance is due to a private school teacher, regardless of the Private School Act. A private school teacher who is in conflict with his employer should go to the Labor Courts to have the case adjudicated if the school balks at paying severance as required by law.

The termination of the contract does not remove the employers obligations to pay severance.

The teacher in question should file a complaint with the Labor Office.

[sunbelt][/sunbelt]