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Please advise: possible termination

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  • Author

Where can I find the Thai version of the 1998 act?

  • Author

มาตรา ๑๑๘

section 118?

  • Author

I guess I am stuck between a rock and a hard place. As I mentioned yesterday the head of the ep program told me that the director had terminated my contract sometime last week though he did not have a termination letter to provide to me. The director and the vice directors are all absent today so I don't know how to proceed. I have logged in normally (took photographs of the login) and have been available to my students for today. Should I make a beeline to the labor office since I have no clue if the school has cancelled my work permit?

I would get official input ASAP as if you are on an extension of stay it has ended on date your work ends so you really do need to know your status and get it on record. They really do need to provide termination letters.

  • Author

the offical imput being the labor office?

That would seem to be first call if you suspect issues and have not been paid or properly notified - not much else you can do without further information and they might be able to shake the tree and if not at least you have it on record as trying to resolve your status.

  • Author

To the school's credit they did pay me for the month of September. October salary is what I am aiming for. Another angle that I am thinking about taking with the labor office is the differences between the English and the Thai contract. My Thai contract states that I will be paid 35,000 baht per month yet the English contract has me down for 32,000 baht. Every month the school has paid me 32,000 baht. The first seven payments I took cash payments from the school and the last three payments were deposited straight into my bank account. I kept the signed receipts that the school gave while they were paying me at the end of each month. Should I make an issue with that at the labor department if the sh!t hits the fan and negotiate down for my October salary? Or should I keep it very simple and basic?

Edited by Tanis

I can not help on that question (there might be a reason for that such as tax). But if you are on an extension you do need to know your status as overstay is 500 baht per day which begins after last day of work (which suspect was Sep 30 if paid through then). If on a 90 day visa entry not such a rush.

  • Author

i have a multiple entry non imm b visa which will expire at the end of feb. the wp was set to expire at the end of october

If you leave the country every 90 days, you can keep on doing that as your permission to stay will not be affected by the termination of your work.

มาตรา ๑๑๘

section 118?

Yes :)

  • Author

I hate to admit this but this may be my last update concerning this topic. I went to the Labor Department today with my contract and all of my supporting evidence. Two words: utter failure. The lady in charge promptly told me that I was not covered by the labor act of 98 because, according to her, I am a government worker. My translator asked her how this was possible since the Thai constitution clearly prohibits non Thais from becoming government workers. Technically we are classified as อาตราจ้าง or Temp workers. The next excuse that was thrown at us was something to do with the school being some sort of private business even though it's a public school. Realizing that I was not going to go anywhere with the severance pay issue I showed her my pay stubs and bank account information that clearly demonstrated that the school was not paying my full salary for the past five months nor my April salary. She merely shrugged her shoulders and told me to file a report at the police station. I reckon that the only option now is for me to hire a lawyer and hope for the best. The moral of the story is that we do not have any rights in Phattalung.

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