Severance at Private School

[paulfr]

Today my claim for severance after teaching at a Private school for 3 years

was rejected at the Thai Labor Court by the front office clerks.

The school had refused to pay me any severance.

The clerks said severance is not due to a foreign teacher who worked at a private school.

But then I found the post below in the archives from April 2012.

It says there is a Labor Act that superceeds and is distinct from The Private School Act.

If correct, it appears this mean the clerks at the court were wrong to reject my filing of a complaint.

How do I get past these clerks without causing them to lose face ??

Thanks for your comments.

===========

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.

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===================================

Edited June 24, 2013 by paulfr

[culicine]

I've never seen ANY clause in any of these laws to exempt foreign workers. If you a valid work permit how could one be excluded?

I had a recent discussion with a fellow who did his masters on labor law in Thailand. He seems to think that(along with Chula academics), that the labour office may misunderstand their own regulations. He said that very few really push for severance, so it has not been tested in a court. He also suggested taking it to a civil court if the labour court is not giving you satisfaction. With 3 years service, how much severance would you be owed? Is it worth a big effort for 1-2 months salary? I'd be owed a year salary so I'd push very hard if I was terminated at the end of the contract.

[paulfr]

I am owed 6 months of pay according to severance law

That is a sum of money I can not ignore

[culicine]

I am owed 6 months of pay according to severance law

That is a sum of money I can not ignore

Good luck, let us know how it goes. You're going to need to push hard though. maybe get an english speaking lawyer if the labour office isn't giving you any satisfaction.

[Somtamnication]

No idea why there are two conflicting laws.

Anyone have the actual labor law in pdf format for us to download?

[realfunster]

I know of several foreigners in a corporate environment who successfully obtained substantial severance during the last downturn , most Thai entities rely on foreigners returning home, being ignorant of Thai labour law or insert non-severance clauses ( in my view the latter superceded by Thai law.)

I must confess to not being aware of any private school provisions, the only exemption I know of is in the case of a clearly defined short-term project e.g hired to manage a construction project for 18 months to completion. This does not seem to apply in your case.

I am sure you will get some good advice on here if not, perhaps move to general or employment forums for a wider audience.

My view - go for it.

[zeichen]

It was my understanding that if your contract didn't get renewed as long as they gave you more than 30 days notice, you were not entitled to severance.

The other thing to consider before entering a law suit, is how powerful is the school entity. Some schools have so much political pull that the case could stay out of court for 2-3 years, your lawyer fees will be a lot more than you could win.

Though I agree on principle that you should always get what is owed to you, sometimes the effort isn't worth it.

[onlycw]

Huh? I got it. But while pursuing it, I have learned to dread the - - - - - - - Thai legal system.

Change of venue to defendants' town? Certainly! Without a word to yours truly...

You need a lawyer - they lied to me, claiming there was "no paperwork" following my complaint

and a settlement conference...

Don't give up!

[Joburg]

Ive been to the labour court today. I was working at a private school. I am claiming notice pay, severance pay, and unfair dismissal. We went for mediation, but my former employer offered only 10,000 baht settlement and the case was refeered to court.

I have an excellent lawyer (that Ive used before) and the judge indicated I have a strong case but it might take time.

PM me if you need info.

You can find my story on ajarns, when your face doesnt fit.

[roybern]

Having been offered a job at an International School in Bangkok I am wondering if the same applies regarding severance. I understand that contracts are either renwed or not but I am not aware of any language in the contract which relates to severance pay.

I hope to remain teaching in Bangkok for a while so it looks like I may have to get some kind of TESL qualification also.

[Stradavarius37]

Ive been to the labour court today. I was working at a private school. I am claiming notice pay, severance pay, and unfair dismissal. We went for mediation, but my former employer offered only 10,000 baht settlement and the case was refeered to court.

I have an excellent lawyer (that Ive used before) and the judge indicated I have a strong case but it might take time.

PM me if you need info.

You can find my story on ajarns, when your face doesnt fit.

Never had a problem with my face fitting...

[Phatcharanan]

Having been offered a job at an International School in Bangkok I am wondering if the same applies regarding severance. I understand that contracts are either renwed or not but I am not aware of any language in the contract which relates to severance pay.

I hope to remain teaching in Bangkok for a while so it looks like I may have to get some kind of TESL qualification also.

If you are considering getting a TESL in order to stay in Bangkok teaching then you are hardly in an International School.

Having a Japanese Cherry Tree in the Directors front garden does not make the school 'International'

[Joburg]

Never had a problem with my face fitting...

Strada - it's often the case when only the feet are sticking out...

[Joburg]

I am owed 6 months of pay according to severance law

That is a sum of money I can not ignore

Good luck, let us know how it goes. You're going to need to push hard though. maybe get an english speaking lawyer if the labour office isn't giving you any satisfaction.

I've done an article on the mediation process. You can find it on ajarn -

*Link edited out*

Edited July 23, 2013 by Scott
Link edited out

[onlycw]

Joburg, after mediation mediation failed to get results, the (regional) Labour Court denied that there exists a file when i asked for it.

They said I would have to hire my own lawyer.

Incidentally, I had spoken to a judge in Bangkok and he told me they have both attorneys as well as translators there...

You can expect more shenanigans and skullduggery though. In my case, the defendants must have pulled some strings to change the venue to their town. Without any notice => me showing up in the wrong town on the day of the trial. I'm cynical now and don't believe this was some genuine "mistake".

Later on, it boils down to every body pressurizing you to reduce your financial claim so that settlement will be accomplished.

How much have you paid your lawyer? Did you get a flat rate quote? I paid 20 k and am now having yet another suit over some vicious blackmail involving the cancellation of my WP and subsequent overstay. Make no mistake, these people are often utterly immoral, ruthless and prepared to do anything to save themselves or rather their employer some money. (Once I realized that part - I settled pdq. As it seems that not the FACTS but whatever some WITNESSES may come up with months later may sway the court. Not sure if that was a fairy tale to make me settle or the gospel truth. But trust me, go in, get some money and get the hell outta there!).

Thanks for blazing a new trail!

Good luck!

[Scott]

A link to another forum has been edited out.