Tanis Posted September 16, 2013 Share Posted September 16, 2013 I have been working at my school for almost a year and I was informed today that the school would not pay my October salary. If I want my September salary I must submit all of my grades and my final tests this week to the school. The reason behind this is because a few of the Thai English teachers do not like me personally according to the head of the ep program. This conversation was recorded by me on my BlackBerry and I took photographs of my time card for this month. What exactly are my options? Link to comment Share on other sites More sharing options...
kurnell Posted September 16, 2013 Share Posted September 16, 2013 Labor court. Link to comment Share on other sites More sharing options...
ubonjoe Posted September 16, 2013 Share Posted September 16, 2013 (edited) When are grades and exams due? What does your contract say about termination notice? Edited September 16, 2013 by ubonjoe Link to comment Share on other sites More sharing options...
Tanis Posted September 16, 2013 Author Share Posted September 16, 2013 I figured. I forgot to mention that the school has not been paying my full salary, as stipulated by my contract, for the entire year. They generally withheld 2,000 baht per month and I have kept the pay stubs as proof. I informed the vice director that if the school was breaking terminating my contract at the end of this month then today would be my last day and that I expected to be reimbursed in full. Apparently there will be a meeting with the head director tomorrow for a final resolution. Link to comment Share on other sites More sharing options...
ubonjoe Posted September 16, 2013 Share Posted September 16, 2013 (edited) What was the 2000 baht for? Maybe taxes and/or social security. Edited September 16, 2013 by ubonjoe Link to comment Share on other sites More sharing options...
Tanis Posted September 16, 2013 Author Share Posted September 16, 2013 When are grades and exams due? The final tests are due today. I printed them out and was about to submit them until I was told about the October pay Not so sure when the grades are due since we are still teaching. I am trying to use the grades and the final tests as bargaining chips for my October pay. Link to comment Share on other sites More sharing options...
Tanis Posted September 16, 2013 Author Share Posted September 16, 2013 What was the 2000 baht for? School supplies though it is not in the contract. Link to comment Share on other sites More sharing options...
Tanis Posted September 16, 2013 Author Share Posted September 16, 2013 When are grades and exams due? What does your contract say about termination notice? the english contract says that the school must give me a 60 day notice or serious misbehavior / desertation of duty on my part Link to comment Share on other sites More sharing options...
Mario2008 Posted September 16, 2013 Share Posted September 16, 2013 Then they can't fire you, unless you fail to do your work like giving and correcting the exam. They are bound by the contract. Any breach is to be reported to the labour office, who will act on your behalf and even go to court for you. Normally employers do not let it come so far. Link to comment Share on other sites More sharing options...
Tanis Posted September 16, 2013 Author Share Posted September 16, 2013 Without going into details the school has violated my contract on numerous occasions. I have fully documented each breach but I have been hesitant to make a stand until now. I told the vice director that I would be more than happy to submit the grades and the final tests once I got a letter from him simply stating that I would have both my September and October salary. He verbally agreed to that but refused to put it in writing even though I showed him the tests and the grades. Now we have a meeting tomorrow with the head director. Should I go ahead and give them everything that they want and hope that labor will treat me fairly in the event that they terminate my contract at the end of the month? Link to comment Share on other sites More sharing options...
Suradit69 Posted September 16, 2013 Share Posted September 16, 2013 Then they can't fire you, unless you fail to do your work like giving and correcting the exam. They are bound by the contract. Any breach is to be reported to the labour office, who will act on your behalf and even go to court for you. Normally employers do not let it come so far. Hopefully his visa/extension of stay and work permit are all in order. the english contract says that the school must give me a 60 day notice or serious misbehavior / desertation of duty on my part "desertation" ?? of duty? Do you mean dereliction of duty? Not sure what "deseration" means and even "serious misbehavior" isn't very specific, but it sounds like withholding grades or exams or being uncooperative with other staff could easily be ramped up against you in terms of your performance. 1 Link to comment Share on other sites More sharing options...
Tanis Posted September 16, 2013 Author Share Posted September 16, 2013 Then they can't fire you, unless you fail to do your work like giving and correcting the exam. They are bound by the contract. Any breach is to be reported to the labour office, who will act on your behalf and even go to court for you. Normally employers do not let it come so far. Hopefully his visa/extension of stay and work permit are all in order. the english contract says that the school must give me a 60 day notice or serious misbehavior / desertation of duty on my part "desertation" ?? of duty? Do you mean dereliction of duty? Not sure what "deseration" means and even "serious misbehavior" isn't very specific, but it sounds like withholding grades or exams or being uncooperative with other staff could easily be ramped up against you in terms of your performance. My visa will not be affected. I am merely quoting what is written in the contract. Finals are next week and I am still busy revising my students marks. I had told the thai english teachers.that they could have my grades at any time but they should be aware that they are not yet complete prior to finding out that I would not be paid for October. The only reason why I am witholding the grades is because I was told that I would not be paid next month. This is all recorded on my BlackBerry. I am thinking about submitting my grades/final tests to the labor department alongside of recordings that I have made and evidence that the school has failed to pay me fully this past year and let them sort it out. Link to comment Share on other sites More sharing options...
Suradit69 Posted September 16, 2013 Share Posted September 16, 2013 Then they can't fire you, unless you fail to do your work like giving and correcting the exam. They are bound by the contract. Any breach is to be reported to the labour office, who will act on your behalf and even go to court for you. Normally employers do not let it come so far. Hopefully his visa/extension of stay and work permit are all in order. the english contract says that the school must give me a 60 day notice or serious misbehavior / desertation of duty on my part "desertation" ?? of duty? Do you mean dereliction of duty? Not sure what "deseration" means and even "serious misbehavior" isn't very specific, but it sounds like withholding grades or exams or being uncooperative with other staff could easily be ramped up against you in terms of your performance. My visa will not be affected. I am merely quoting what is written in the contract. Finals are next week and I am still busy revising my students marks. I had told the thai english teachers.that they could have my grades at any time but they should be aware that they are not yet complete prior to finding out that I would not be paid for October. The only reason why I am witholding the grades is because I was told that I would not be paid next month. This is all recorded on my BlackBerry. I am thinking about submitting my grades/final tests to the labor department alongside of recordings that I have made and evidence that the school has failed to pay me fully this past year and let them sort it out. "My visa will not be affected. " I simply meant, if you were taking the matter to the Labor Court, I'm pretty sure they would want to check that your permission to stay in Thailand allowed you to be employed and that you had the required work permit for the work you were doing and that all appropriate taxes had been paid. Since I've never been employed in Thailand I have no idea what the implications would be for your permission to stay in country if you were terminated, but have to assume there would be some ramifications. Wouldn't that at least cause your work permit to expire?? Link to comment Share on other sites More sharing options...
Tanis Posted September 16, 2013 Author Share Posted September 16, 2013 (edited) The only way to get a non imm b visa is to stay current on your taxes. In my case I have a multiple entry non imm b visa which is not tied to my work permit. my work permeit is finished at the end of october and my visa is finished in april. I have other visa options that I could easily pursue come april. Edited September 16, 2013 by Tanis Link to comment Share on other sites More sharing options...
Falcon Posted September 16, 2013 Share Posted September 16, 2013 Tanis, if the school terminates your employment early, they will need to pay you for the period of the notice agreed upon in your contract (60 days). Most people are not asked to work out their termination period but at times, like in the exam period, some schools do ask that you work out your notice time as its very difficult to get another teacher to just step in and in vigilante and/or mark the exams. As for your work permit expiring in October, you should be aware that as soon as the school terminates your employment, your work permit will then also be terminated immediately. Link to comment Share on other sites More sharing options...
vtjforyou Posted September 16, 2013 Share Posted September 16, 2013 The reasons given are always these ones... Link to comment Share on other sites More sharing options...
Tanis Posted September 16, 2013 Author Share Posted September 16, 2013 Tanis, if the school terminates your employment early, they will need to pay you for the period of the notice agreed upon in your contract (60 days). Most people are not asked to work out their termination period but at times, like in the exam period, some schools do ask that you work out your notice time as its very difficult to get another teacher to just step in and in vigilante and/or mark the exams. As for your work permit expiring in October, you should be aware that as soon as the school terminates your employment, your work permit will then also be terminated immediately. The msg that I got from the school yesterday was that they would not pay me for October even though I pointed out that they needed to give me a 60 day notice. coupled with the fact that they have been illegally leaching a small portion of my salary every month has me all upset. Link to comment Share on other sites More sharing options...
Colabamumbai Posted September 17, 2013 Share Posted September 17, 2013 I was recently fired from a school after 2 weeks. They decided to fire me while I was in Laos getting the Non B visa. None of the teachers at the school have Non B visas or Work Permits. The contract states 30 days notice on both parties behalf. I told them I was taking them to Labour, they pointed out Clause 8 in the contract which stipulates 8 different things, one being, This agreement is terminated on: "Recession of agreement by the employer on account of the employee's teaching method is considered unacceptable by both the students and the employer's staff." They told me the students did not like me. Which is hogwash after 7 days they gave me 3 days notice, but this does seem to cover them, unfortunately. I was leaving the school to come home for lunch, althought not in the contract, apparently this is not allowed. You are expected to stay in the school. Kalsin.... Link to comment Share on other sites More sharing options...
Mario2008 Posted September 17, 2013 Share Posted September 17, 2013 "My visa will not be affected. " I simply meant, if you were taking the matter to the Labor Court, I'm pretty sure they would want to check that your permission to stay in Thailand allowed you to be employed and that you had the required work permit for the work you were doing and that all appropriate taxes had been paid. Since I've never been employed in Thailand I have no idea what the implications would be for your permission to stay in country if you were terminated, but have to assume there would be some ramifications. Wouldn't that at least cause your work permit to expire?? In case of a labour conflict, the labour office is not interested if you hold a work permit or not and have a proper visa. They act on behave of the employee regardless. If one is in Thailand on an extension of stay based on employment, the permission to stay in Thailand ends the day the employment ends. Link to comment Share on other sites More sharing options...
barryw52 Posted September 17, 2013 Share Posted September 17, 2013 Just go to the Labour Department office, with some one that speaks Thai that can translate well for you. Take all your documentation, one thing that is done very well here in Thailand is to protect employees from unscrupulous employers. In 99.9% of cases the employee will win the case especially if they are manipulating the situation as after your worked for one year they have to pay you 3 months termination payment. Link to comment Share on other sites More sharing options...
MichaelJohn Posted September 17, 2013 Share Posted September 17, 2013 I personally would submit what you are due to submit otherwise you are doing wrong. Don't give them any reason to have a complaint against you. Link to comment Share on other sites More sharing options...
Tanis Posted September 18, 2013 Author Share Posted September 18, 2013 I personally would submit what you are due to submit otherwise you are doing wrong. Don't give them any reason to have a complaint against you. Today I was informed that the school would terminate my contract at the end of this month and provided a huge stack of supposedly complaints against me with a couple fraudulent warnings that I never signed. As anyone who has ever taught in Thailand would expect these complaints are either quite petty or half truths In order to receive my September salary I must sign a form from the school. Any suggestions as to how I should proceed? Link to comment Share on other sites More sharing options...
Sceptict11 Posted September 18, 2013 Share Posted September 18, 2013 I personally would submit what you are due to submit otherwise you are doing wrong. Don't give them any reason to have a complaint against you. Today I was informed that the school would terminate my contract at the end of this month and provided a huge stack of supposedly complaints against me with a couple fraudulent warnings that I never signed. As anyone who has ever taught in Thailand would expect these complaints are either quite petty or half truths In order to receive my September salary I must sign a form from the school. Any suggestions as to how I should proceed? Sign the form. Receive your salary and move on Link to comment Share on other sites More sharing options...
Tanis Posted September 25, 2013 Author Share Posted September 25, 2013 The Saga continues: Yawn: yeah I know it's late but the past week has been bothering me. Last Tuesday I had a meeting with the head director and I thought everything was settled to everyone's satisfaction. I took two days days off due to a severe infection on my foot that made standing quite painful and got a doctor's note explaining the situation. I have since heard through the rumor tree that the school may deduct my salary for these two days missed. Upon my return I was given two options: 1: quit last Friday and receive my full salary or 2: agree to do English camps throughout the month October. Being the ornery bastard that I am I agreed to do the second option because my contract does not give me October off. The grades were submitted on Friday to the Thai teachers and the vice director received a personal copy from me. I also emailed the grades to the head to ensure that I created a paper trail of sorts. Everything was going fine until today until I was asked to enter my grades into the Thai book mark system. This is what really caused the spat that i am with my school in the first place because one of the Thai English teachers is quite lazy. The other teachers have always done this for me in the past since the program is in Thai. I have made it known that I would be more than willing to help by reading off the numbers from my grade sheet as a Thai teacher input the data but I would not do it by myself. Not good enough. Don't know if tomorrow will be my last day or not. Rest assured. I will test the fairness of the labor department if any funny business is pulled. Link to comment Share on other sites More sharing options...
Tanis Posted September 25, 2013 Author Share Posted September 25, 2013 I was recently fired from a school after 2 weeks. They decided to fire me while I was in Laos getting the Non B visa. None of the teachers at the school have Non B visas or Work Permits. Sorry to hear about this. Employers are entitled to fire anyone that they like for any reason during the first 90 days of employment. I have seen conflicting viewpoints as to when the severace pay kicks in. Some say 90 days others say 120. Regardless I have been legally employed for ten months now. Link to comment Share on other sites More sharing options...
Tanis Posted October 1, 2013 Author Share Posted October 1, 2013 I was informed by the head of the EP program that the director terminated my contract last week without my knowledge even through I worked all day today revising student's grades. There's no termination letter from the school and I am uncertain that if they turned in my work permit to labor. I will try to meet with them tomorrow. Does anyone have the Thai version of the labor act of 1998? I am looking for sections 118 and section 119. Link to comment Share on other sites More sharing options...
ubonjoe Posted October 1, 2013 Share Posted October 1, 2013 (edited) Most recent is 2008. You can download from pinned topic at top of page. Link: http://www.thaivisa.com/forum/index.php?/topic/3139-Useful-Immigration-Information-&-Visa-Descriptions#entry2613047 Edited October 1, 2013 by ubonjoe Link to comment Share on other sites More sharing options...
Tanis Posted October 1, 2013 Author Share Posted October 1, 2013 link? Link to comment Share on other sites More sharing options...
ubonjoe Posted October 1, 2013 Share Posted October 1, 2013 Link is there now after edit. Link to comment Share on other sites More sharing options...
Tanis Posted October 1, 2013 Author Share Posted October 1, 2013 (edited) How will the 2008 law help me? section 118 and section 119 of the 1998 law deals with severance pay and with termination with cause. Edited October 1, 2013 by Tanis Link to comment Share on other sites More sharing options...
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