School Refuses To Pay Housing Allowance As Stated In Contract.

[Colabamumbai]

I just finished a 5 month contract at a school in Kalasin. The contract clearly states a housing allowance of 3,000 Bhat per month is payable. The school refused to pay it.

Is is worth my time and energy going to the Labor Office about this?

Will they get me the $15,000 Bhat or will I just get a headache.?

[thaicbr]

So the contract you signed 5 months ago said 3,000b per month for housing allowance and you waited until you left to ask about it???

did you have a work permit?

why has the contract finished?

contract was in Thai or English?

If you had a WP were not fired then its gotta be worth it?

[LucidLucifer]

I'm also left scratching my head as to why you've waited until leaving to claim your housing allowance. Surely it should have been paid monthly?

I agree with thaicbr. If you were fully legit, i'd give it a go.

[Scott]

Whether you are fully legitimate or not should not matter. Part of the contractual obligation is the payment of the housing allowance. Be sure and read the contract carefully to make sure it was not included in the salary.

I have never heard of housing being paid in any way other than monthly.

Best of luck and keep us informed.

[LucidLucifer]

Just a thought, but if the OP wasn't fully legit, and in that I mean he had the correct visa and work permit, would it not be slightly unwise to rock up at the labour office and basically declare, 'Hey, I've been working illegally!'

[Scott]

Probably. But you still have legal rights whether you are legal or not. The labor laws apply to everyone, even if you are working illegally.

The risks/benefits have to be weighed by the person involved.

[LucidLucifer]

Ok, thanks.

I'm just curious here, and this may be relevent to the OPs position, I don't know, but if you're caught working without the proper documents, you're deported, right?

What about the situation where you admit that you were working, but aren't now. Is it the same?

Also, would there be any comeback to the employer for employing someone to work illegally? Would this not make them complicit to the offense?

For the latter question, i'm just guessing here, yes, but it would be ignored as long as they have the right connections.

[SlyAnimal]

My 2c, would be to not bother, and to not push the issue.

If you were working illegally, you'll maybe end up deported if you push the issue. If you were working legally, then you might burn what good relations you still have with the school, which is not worth it for 15k.

As remember that you might want to use them as a reference/previous work experience in the future, and you wouldn't want them to veto any future jobs you have by saying that you're a bastard (And you probably wouldn't get to even air your side of the story to new schools either, or even know that the old one gave you a bad reference, you simply wouldn't receive an interview from the future schools and would be left wondering if that 15k had anything to do with it or not.....)

[Colabamumbai]

Was working legally with Non B visa. Did not want to rock the boat while I was employed. Now my contract is not being renewed. They played me around for 2 months telling me they did not know if I would be working again this semester and just this week told me no.

When I was working and did not receive the allowance I asked the director and she said it was in the contract but it was not going to be paid. Obviously I was not going to go to the Labor board at that time and cause waves while working.

[Colabamumbai]

Just a thought, but if the OP wasn't fully legit, and in that I mean he had the correct visa and work permit, would it not be slightly unwise to rock up at the labour office and basically declare, 'Hey, I've been working illegally!'

Well I am not as stupid as some of the people who have replied here. Everything was legit, visa, work permit etc. Would I waste my time and yours if it was not.

[Scott]

Since you were fully legal to work, then It seems that you would have little to lose. 15,000 baht is a fair amount of money and it's probably worth a visit to the MOL.

[Colabamumbai]

Since you were fully legal to work, then It seems that you would have little to lose. 15,000 baht is a fair amount of money and it's probably worth a visit to the MOL.

Thanks for your positive reply. The only reason I have hesitated somewhat is that my Thai girlfriend, also a teacher, knows the director and she argues with me about going to the MOL because it all about her loosing face, and I hoped that my contract may have been renewed. Only this week they informed me that it would not. Only Thais loose face, not foreigners.

[monty1412]

Since you were fully legal to work, then It seems that you would have little to lose. 15,000 baht is a fair amount of money and it's probably worth a visit to the MOL.

Thanks for your positive reply. The only reason I have hesitated somewhat is that my Thai girlfriend, also a teacher, knows the director and she argues with me about going to the MOL because it all about her loosing face, and I hoped that my contract may have been renewed. Only this week they informed me that it would not. Only Thais loose face, not foreigners.

seems like you have nothing to lose then by pursuing this.. go for it. If its in the contract then you should be safe. Id try one last time to talk to them and tell them you don't want to take this further but that legally they do owe you the money.. give them the opportunity , document the meeting and write back to them afterwards thanking them for meeting and summarising the points and action plans. Id pull the sword out of the scabbard slightly and let them see the steel but don't wave it about... metaphor for letting them know that you will take further action but not jumping up and down and proclaiming you will sue there butts off.

I am curious however that if everything is as black and white as you say why would the school do this knowing that if it did go to MOL then its an open and shut case... I assume there are no clauses or fine print saying you have to work a year or something like that before it gets paid.... guess question Im asking is why would school try and adopt this stance if it clearly is indefensible ??

as to the girlfriend situation I would turn it around with her... tell her that as she and the director know each other then the director is showing little respect for her by trying to rip her boyfriend off....

Good luck, let us know how you get on.

[Colabamumbai]

Since you were fully legal to work, then It seems that you would have little to lose. 15,000 baht is a fair amount of money and it's probably worth a visit to the MOL.

Thanks for your positive reply. The only reason I have hesitated somewhat is that my Thai girlfriend, also a teacher, knows the director and she argues with me about going to the MOL because it all about her loosing face, and I hoped that my contract may have been renewed. Only this week they informed me that it would not. Only Thais loose face, not foreigners.

seems like you have nothing to lose then by pursuing this.. go for it. If its in the contract then you should be safe. Id try one last time to talk to them and tell them you don't want to take this further but that legally they do owe you the money.. give them the opportunity , document the meeting and write back to them afterwards thanking them for meeting and summarising the points and action plans. Id pull the sword out of the scabbard slightly and let them see the steel but don't wave it about... metaphor for letting them know that you will take further action but not jumping up and down and proclaiming you will sue there butts off.

I am curious however that if everything is as black and white as you say why would the school do this knowing that if it did go to MOL then its an open and shut case... I assume there are no clauses or fine print saying you have to work a year or something like that before it gets paid.... guess question Im asking is why would school try and adopt this stance if it clearly is indefensible ??

as to the girlfriend situation I would turn it around with her... tell her that as she and the director know each other then the director is showing little respect for her by trying to rip her boyfriend off....

Good luck, let us know how you get on.

It it black and white to me. I am not triying to sue them, just get what was stated in the contract. Clause 2.

"The employee will receive a monthly salary of 30,000Thai baht per month plus a 3,000 Baht accommodation allowance. The salary will be 5 month payment."

This is in English first and then in Thai.

Five months being the duration of the contract.

When I was hired, before I signed the contract they had a foreign teacher talk to me for five minutes. He told me that they paid the housing allowance and to make sure that I got it. This could have been my first clue (make sure that you get it).

He told me that he received it, as did another foreign teacher.

This is Thailand, I think that the school does not think that a foreigner would go to the MOL to complain. I am sure that if a Thai had a signed contract and then was told something was not part of the contract, they would run to the MOL.

I do like your suggestion of going to the director first. I am not trying to be vindictive, but feel that I was lied to knowingly.

Of course no one in the MOL here speaks English and my girlfriend will not help me with this. I do speak a fair amount of Thai, but cannot understand a lot of the Isaan dialect.

[TommoPhysicist]

Of course no one in the MOL here speaks English and my girlfriend will not help me with this. I do speak a fair amount of Thai, but cannot understand a lot of the Isaan dialect.

A gf that won't back you up is not worth having IMHO.

[Traxster]

Looks to me like your GF has chosen her friend over you...........

Maybe time to get yourself a new one.....

[Colabamumbai]

Looks to me like your GF has chosen her friend over you...........

Maybe time to get yourself a new one.....

The topic was contracts not girlfriend bashing.

[LucidLucifer]

Just a thought, but if the OP wasn't fully legit, and in that I mean he had the correct visa and work permit, would it not be slightly unwise to rock up at the labour office and basically declare, 'Hey, I've been working illegally!'

Well I am not as stupid as some of the people who have replied here. Everything was legit, visa, work permit etc. Would I waste my time and yours if it was not.

Well thank you for your kind words. However, it always helps when asking a question if you explain the full circumstances of your situation.

It may also help that if you decide to quote someone, you read the previous posts so as to not quote out of context.

I was not implying that you were 'stupid,' I was asking Scott (who is extremely knowledgable) whether it would be wise to pursue this if you were not legal.

[monty1412]

Looks to me like your GF has chosen her friend over you...........

Maybe time to get yourself a new one.....

The topic was contracts not girlfriend bashing.

Yes you are correct but not unreasonable seeing you bought her into the post with your own comments. yes there are probably circumstances or good reasons why she will not support you in this instance but when you put forward a situation that portrays you as being totally the victim and that your girlfriend wont support you as she knows the other party then probably not unreasonable for comments that speculate about her merits.

[Kilgore Trout]

Since you were fully legal to work, then It seems that you would have little to lose. 15,000 baht is a fair amount of money and it's probably worth a visit to the MOL.

Thanks for your positive reply. The only reason I have hesitated somewhat is that my Thai girlfriend, also a teacher, knows the director and she argues with me about going to the MOL because it all about her loosing face, and I hoped that my contract may have been renewed. Only this week they informed me that it would not. Only Thais loose face, not foreigners.

Then tell her to pay you the money, That way no one loses face.

[puchooay]

To the OP

It was only 3 months ago that you said you were refused an extension because you did not have a Teacher Licence.

Now you say you have been working legally for 5 months.

[LucidLucifer]

To the OP

It was only 3 months ago that you said you were refused an extension because you did not have a Teacher Licence.

Now you say you have been working legally for 5 months.

Surely not!!??

The OP has already quite clearly stated he wouldn't be so stupid as to do such a thing.....

[Scott]

Many, many teachers do not have a TL. Many have a waiver. Others don't even have a waiver. If you have the appropriate visa and a work permit, you are technically legal. The OP, however, isn't asking for queries about his legal status, so let's stick to the topic of the OP.

[culicine]

Did you tell your school you would pursue this and go to the MOL? Give them a week to pay up then go to the MOL. Are you in a government school? 'd pursue it; you have nothing to lose. Be aware though, that if you stay in your area / province, work might get around you are a trouble maker (in their eyes), and it might reduce your chances of further employment there.

[Colabamumbai]

Did you tell your school you would pursue this and go to the MOL? Give them a week to pay up then go to the MOL. Are you in a government school? 'd pursue it; you have nothing to lose. Be aware though, that if you stay in your area / province, work might get around you are a trouble maker (in their eyes), and it might reduce your chances of further employment there.

As of today I have a job at another school, although the hours and salary are less than what I might like. So I am not concerned about my reputation. Kalasin Pittayasin is the school that I have the problem with. I am 60 and have been on a retirement visa, previously but always seem to find someone who wants to employ me. it just seems to come my way. I will go to the director of the school, not my departmental director and give them the option of settleing with me. I would even accept less, but do not think that I will tell them that.

Edited May 15, 2012 by Colabamumbai

[Colabamumbai]

To the OP

It was only 3 months ago that you said you were refused an extension because you did not have a Teacher Licence.

Now you say you have been working legally for 5 months.

Two months ago. The school would not apply for the waiver so that I could extend my visa, about two weeks before the visa expired. Although the contract was for 5 months, there was no teaching the last month. The students I taught, after normal school hours stopped coming to class, so I was paid for the last month but did not actually have work, no students, no classes. So in fact I did not need the extension. i just assumed incorrectly that the term would end at the end of March, not the end of February, and that I would need the extension. I said that the contract was for 5 months.

[engrin]

get your money. They will only learn if teachers fight back.

[Colabamumbai]

get your money. They will only learn if teachers fight back.

Thanks for your support. As it turns out I have a new job and wll have to go to the MOL for a new work permit, so it will not be going out of my way. I was hoping I may have had a reply from someone in the same or similiar situation who could have told me how it turned out for them. I am actually surpirsed that no posters have been in this situation. I cannot be the only one in Thailand that had a contract that was not enforced.

[engrin]

there are cases of teachers who won judgement against schools in Thailand for breach of contract, not paying severance, etc. I've seen them on other forums. good luck!

[Osiris]

Since you were fully legal to work, then It seems that you would have little to lose. 15,000 baht is a fair amount of money and it's probably worth a visit to the MOL.

Thanks for your positive reply. The only reason I have hesitated somewhat is that my Thai girlfriend, also a teacher, knows the director and she argues with me about going to the MOL because it all about her loosing face, and I hoped that my contract may have been renewed. Only this week they informed me that it would not. Only Thais loose face, not foreigners.

She doesn't sound like much of a girlfriend, IMO. If she stood her ground to the guy that screwed you, he would loose face, and you would probably have a decent partner.