I have my Non B...

[aidenai]

Legally what can I do? I have another meeting this afternoon and after that I guess it's the Ministry of Labour.

Any thoughts?

Do you have a work permit?

[SlyAnimal]

If the school wants to fire you with an excuse of "You didn't give us 3x passport photos", then they probably don't like you. If you can talk to them, and find out what they don't like + resolve it, then it might be worth staying on. However from your post, I don't think the school is prepared to enter into that level of engagement with you. However you should try.

From the sounds, they haven't given you notice either.

They should have give you written notice of their intention to cancel your contract (Ideally which you then sign to acknowledge) or at a very minimum verbal notice in the presence of witnesses, as otherwise it simply becomes your word against theirs.

Your contract should have details of how much notice must be given by either party prior to cancelling the contract, it's usually 1 month. Assuming it is 1 month, they should pay you for 1 month from the date they notified you, during which time you're still employed and should teach classes if asked.

Your contract should also detail what type of notice must be given (written/verbal etc), and should list the situations in which the contract can be cancelled without 1 months notice (serious misconduct / unexplained absences / criminal charges etc).

Try to resolve the issue with the school directly, however if they are unwilling to discuss it with you, then you may need to approach the department of labour.

[Scott]

The school has to follow the Thai labor regulations in releasing an employee. In your case, it would appear that they have violated a number of regulations. I believe that if they are terminating you in the middle of your contract, they need to have cause and you should have at least 3 warnings (unless it is a very serious offense--such as child abuse etc). The warnings need to be documented. If they don't do that, then you may be entitled to be paid until the end of your contract.

The MOL will probably try to negotiate with the employer for something in between.

When you leave the school, they will probably ask you to sign a document which severs the relationship between you and the school and released the school from all liability. Do not sign it. It is a legally binding document and it has been used by schools to get out of paying for things they should have paid. It is apparently quite a strong legal document, by the way.

That means, that you may have to forgo the last month salary until the issue is resolved with the MOL.

Best of luck.

[angsta]

Thanks for the feedback guys.

Update the update.

So I went in on Friday as I hadn't been told not to and my classes were given to the five new teachers who were employed in October to replace the missing teachers who were fired/left in the previous three months that the school had failed to replace before now.

When I tried to talk to the head of the department she said she was too busy to talk to me. Incredible. So I decided to just head directly to the Directors office and ask to see him. This is when it got embarrassing, well for the Thais anyway. His PA told me to talk to my boss and I informed them that she wouldn't talk to me so I need to talk to you. 10 minutes later who should walk in...we all sat around a table, it was done conducted in Thai so I was at a massive disadvantage. My line was here is my contract signed by you and here is my Non-B. My notice period is 3 months. I just stuck with the facts. I have 5 weeks left on the visa. I have done nothing wrong and I have received zero warnings of any type, I thought I was awaiting my work permit and teachers license. My boss said my contract means nothing, I said I am afraid you are wrong. The director agreed with me I think.We were sent away and waited for the person who recruited us to turn up later in the afternoon, we have contracts directly with the school, this person I guess an agency but we don't deal with her in a financial sense but the school must pay her to supply teachers.

So eventually the 'recruiter' turns up, we go over all the information again. The head of the department has an issue with all the foreigners at the school hence the massive staff turnover. This person is more sensible and open but is sadly rarely at the school.They had printed off all the attendance info and signing in times. Mine is solid, usually at work at least 30 minutes early, 3 sicks days in the semester. They wanted evidence but they couldn't find any. So she said I have a months 'probation' and not to be rude to the head of the department in that time, like I said the argument is weak .

I don't have a work permit as they are processing it along with my temporary teachers licence. I have a contract until the end of April. According to my contract my notice period is 3 months.

Edited November 4, 2013 by angsta

[Stradavarius37]

This topic is bizarre - as are the characters involved. I should have brought popcorn. Where is the "morons" guy? I miss him...

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