Resignation Policy

[Green]

I am looking for a full time position teaching, and would like to know what is the law regarding resignation from a teaching position where you have a WP? 1 Month notice? And you would give your resignation in writing? Thanks.

[sirchai]

You'll have to give them a written notice that they'll have time to find someone else. It's usually one month, if not specified in your contract.

[Loaded]

You won't be breaking any criminal law by not giving one month's written notice but that's usually the notice required to end an employment contract before its end date. I guess you could be sued under civil law but that is as likely as snow in Bangkok in April.

However, if you walk away from a contract without giving notice, you may be creating problems for yourself in the future. The school is obligated to inform the ministries of labour (work permit) and Immigration (non-immigrant B visa extension) when the period of employment ends. The school could mention to the officers at both ministries that you left without meeting your contractual obligations. Neither schools or government officers have a particularly high regard for foreign teachers who break their contracts prematurely. Government officers may make a note against your name and this may create a problem for any future work permit applications and non-immigrant B visa extensions. I don't think this is common but is something to consider.

[sirchai]

You won't be breaking any criminal law by not giving one month's written notice but that's usually the notice required to end an employment contract before its end date. I guess you could be sued under civil law but that is as likely as snow in Bangkok in April.

However, if you walk away from a contract without giving notice, you may be creating problems for yourself in the future. The school is obligated to inform the ministries of labour (work permit) and Immigration (non-immigrant B visa extension) when the period of employment ends. The school could mention to the officers at both ministries that you left without meeting your contractual obligations. Neither schools or government officers have a particularly high regard for foreign teachers who break their contracts prematurely. Government officers may make a note against your name and this may create a problem for any future work permit applications and non-immigrant B visa extensions. I don't think this is common but is something to consider.

I had resigned at my first school I'd worked, gave them a four week notice. Visa and work permit were cancelled on the same day. The director didn't like it, as he's used to let people go. He was even trying to blacklist another guy afterwards, who'd also resigned with a four week notice that he wouldn't get another job somewhere else.

People can be strange.

[Green]

Yes. Well the school contract has to be in accord with thai labor law, if it isn't they can stuff it, because there is nothing they can do about it. So I'm wondering what the Thai law states, I believe it is one month. I have one friend who is at an Int'l and the contract states 4 Months notice, however most school contracts are bogus under the thai labor law. 4 months may be true back home, and it would be a courtesy to give that here, but none the less if its a push comes to shove situation, and i have worked in a few schools who like to shove, then what the Thai labor states is all you have to follow.

[Mario2008]

Yes. Well the school contract has to be in accord with thai labor law, if it isn't they can stuff it, because there is nothing they can do about it. So I'm wondering what the Thai law states, I believe it is one month. I have one friend who is at an Int'l and the contract states 4 Months notice, however most school contracts are bogus under the thai labor law. 4 months may be true back home, and it would be a courtesy to give that here, but none the less if its a push comes to shove situation, and i have worked in a few schools who like to shove, then what the Thai labor states is all you have to follow.

Not completely true. The contract is important as some provisions in the labour law provide for the situation that the contract is mute on one point, or give minimum or maximum requirements.

For example lets say the law gives a maximum of 3 months probation period, than in the contract you can agree to only 1 month probation period. Both would be bound be the contract, as that is within the provisions of the law.

[Green]

You won't be breaking any criminal law by not giving one month's written notice but that's usually the notice required to end an employment contract before its end date. I guess you could be sued under civil law but that is as likely as snow in Bangkok in April.

However, if you walk away from a contract without giving notice, you may be creating problems for yourself in the future. The school is obligated to inform the ministries of labour (work permit) and Immigration (non-immigrant B visa extension) when the period of employment ends. The school could mention to the officers at both ministries that you left without meeting your contractual obligations. Neither schools or government officers have a particularly high regard for foreign teachers who break their contracts prematurely. Government officers may make a note against your name and this may create a problem for any future work permit applications and non-immigrant B visa extensions. I don't think this is common but is something to consider.

I had resigned at my first school I'd worked, gave them a four week notice. Visa and work permit were cancelled on the same day. The director didn't like it, as he's used to let people go. He was even trying to blacklist another guy afterwards, who'd also resigned with a four week notice that he wouldn't get another job somewhere else.

People can be strange.

Ah yes the dreaded 'blacklist', what is that exactly? It's an odd notion, in the case of going to court over an issue with a school, the court will generally always favor the employee; however, this blacklist seems to suggest an immutable power given to schools to hold over anyone they deem in fault. Unlawful, unfair, what about the employee's side of story? Is there a blacklist for schools? Edited March 7, 2013 by Green

[beano2274]

Remember the day you state as your last day is the day that you will have to leave Thailand if on an extension granted at an Immigration office in Thailand, unless your new school can provide the relevant documents so that you can continue to stay here.