Contractual obligations

[BenThai]

I am working for a ISAT member school. I have a contract with them (only in English) signed by myself and my employer. The contract clearly states that either party may terminate the contract with 6 months advanced notice in writing. Yesterday, my boss told me that she no longer wants me to work at the school as I am not a good fit for the community here. She told me that I have one more month and would finish the end of November. She claims (and is correct) that Thai law says she only needs to give one month notice. So my question is, does my signed contract outweigh the law in this case? If so, whom should I contact to see that her contractual obligations are fulfilled?

I have tried contacting ISAT, both by phone and e-mail, no response at all, no one answering phones. I do not want to contact the Ministry of Labor until I have a better understanding of what I am doing. I recently tried to change schools, but due to ISAT regulations was told I could not change until my contract was fulfilled or properly terminated, causing me to miss out on a great opportunity. Now it seems that ISAT regulations, recommendations, whatever, are of no consequence. Please help me. Thanks.

[Scott]

I am not a lawyer, but if the contract says 6 months termination, then you might have a good case for getting the full amount --or at least a decent settlement. The 1 month regulation is the minimum, I believe. Contracts can be longer than the 1 month. For example I think there is a maximum amount of time that a person can be a probationary employee, that doesn't mean that the contract can't be less than that, it just can't be more than that, legally.

[siampolee]

I recently tried to change schools, but due to ISAT regulations was told I could not change until my contract was fulfilled or properly terminated, causing me to miss out on a great opportunity. Now it seems that ISAT regulations, recommendations, whatever, are of no consequence. Please help me. Thanks.

That quote above might well hinder any claim you may have against your current employer if they are actually aware of your actions. It may well be construed as a constructive self dismissal action and thus rendering your current contract null and void due to infringing the codes of conduct your current employer expects from you. In other words do not mention it to anyone at all.

How long have you been at your current school , have you received warnings both verbal and written and are those warnings written up and entered d on your employment record at your current school?

If there is a six month notice clause it should be honoured if your employment sheet is clean, if you can give more information I think you'll find we are as a community here to perhaps offer you good advice which may well help you in the matter BenThai.

Regarding I.S.A.T. it is not an employment regulating body it is the group that represents international school interests in other fields and I assure you that you will not receive help or guidance from that particular entity, having been a committee member for some 10 years on that body ( although now retired from said body) I am speaking from personal experience not hearsay. Stick to the lawyer and the M.O.L.

[sirchai]

The schools I know usually give a four to six week notice, if they don't want you anymore. A big problem will be that they obviously didn't like your teaching, behavior, or anything else. ( Reading your post)

Now it's really up to how long you had worked for said school. If you're there only one term, the chances might be slim. Did you pay in the Thai social security?

If there'd be an unfair dismissal, you'd be entitled to receive some money from the social security and the school would have to pay for at least a few month. But only when working there for longer. ( Just my own opinion)

If you were working there longer, than a written warning must have been issued, before they just terminate the contract.

They can change the story how they want to. being a bad teacher, alcoholic etc....so you can find yourself easily fighting with windmills. Good luck.-

Edited November 2, 2013 by sirchai

[DaBloodyMess]

I would double check that your contract does not have a clause specifying a probationary period. I know my own initial 2 year contract had a probationary period (6 months I think?), but the yearly extensions after that don't.

Edited November 2, 2013 by DaBloodyMess

[Scott]

I believe that legally, a probationary period can't be longer than 4 months (I can't give you a source on this though). If the OP is on probation and the probation doesn't violate the law, then he can be dismissed without cause.

[zeichen]

Not worth fighting over, just leave. 1 month is standard and the law. If you fight it, then they will most likely find little things to justify that you were a bad teacher and then fire you without a month notice.

I am not sure if English contracts are considered legal if there is also a Thai document. I know in Korea the only contract that was used over disputes was the Korean one.

Try and be as nice to the management and find ways to improve. Some schools are insane but sometimes the problem is you. Thailand requires a lot of patience to make it in this system. You cannot use your same approach or methodology that you do in other countries here.

Good luck and hope things work out overall.

[BenThai]

Thank you for your replies,

There was a written warning for being absent (1 day, which is a contrActual requirement, not thai law, which is 2 days) without a doctors note. But i have not been absent or late since. So there only argument is that i am not " fitting in to the school culture". Mainly because i refused to spend my own money on a 2,000 baht loy krathong costume. And only stayed an hour late to decorate for halloween when other teachers stayed 2 hours. ( no extra pay). Regarding probation, there is no period listed in my contract. Only the 6 month notice from either party. I have been there now 6 1/2 months.

How can it be that a school will not hire me due to ISAT regulations for fear of getting a bad name or a financial penalty for me but the school can break the contract witout any penalty? Shouldn't ISAT protect BOTH schools and teachers rights? Just feeling really frustrated. I have been in BKK 4 years and this is only the 2nd school i have worked at. So i am not worried about the issue of my job performance, as even my current employer has said that overall i am doing a good job amd she thinks i am a good person. I think the issue is that she does not want to pay my (rather expensive) salary when she thinks i will not bend to her irrational requests. Besides the lawyer and MOL do i have any other options?

[BenThai]

Siampolee- regarding my attempt to leave, i was not (am not) happy at my current school. I do want to leave, but my boss refuses to pay the required one month severance also, which is why i am so angry about the one month notice not giving me enough time to find a newjob. I never actually broke my contract, do you really think it could work against me if I only intended to break it but never did? Also, why would a school worry about hiring me after i broke an ISAT contract but there is no penalty for a school that does the same? Shouldn't the rules be for all? Thanks so much for your experienced advice on the matter.

[Scott]

Your best bet is to take the situation up with the MOL. The contract should protect both parties, but so much depends on how it is written. I do not know if they can legally make you give 6 months notice. There are actually a lot of issues in your situation, few of which can be answered definitively here.

At a minimum, you have the protection and safeguards of Thai labor law. You cannot, contractually, abrogate those laws. Even if something is written into the contract, if it is against Thai law, then it cannot be enforced by the contract.

Looking for a new job and some people knowing it may work against you. I have to be very careful with employees who I know are looking for other work, very often if the Thai admin gets wind of it, strange things will start to happen, even if it is someone that they do not want at the school.

Was the one month notice she is talking about given in writing? Your contract says it has to be in writing. Were there witnesses to this conversation?

Do try to make things as comfortable for yourself and the school as you possibly can while this is getting sorted out. It isn't of any value for you or for them to cause unnecessary problems.

[onlycw]

Scott said it well: the maximum probationary period is 4 months (3 plus 1 extra if the employer gives written notice).

You may find out that schools like to do as they please - the notice period is for employees, not them.

Forget the MoL, if you have such an issue, head to Labour Court or - if you are at a government school - Administrative Court.

[ace]

To answer OP succinctly - " So my question is, does my signed (English language) contract outweigh the law in this case? "

Absolutely not.

[BenThai]

To answer OP succinctly - " So my question is, does my signed (English language) contract outweigh the law in this case? "

Absolutely not!

After consulting a lawyer, it turns out that I am able to file a claim with the labor court for the remaining 5 months(whether I win it or not remains to be seen). The issue is not about what the law says, because clearly, one month notice is all that is legally required; however, since I have a signed contract (original) my lawyer thinks a judge will see that as a binding agreement. That will entitle me to the 5 months of pay. Also, because of the fact that my boss used that exact clause "6 months notice in writing" to prevent me from seeking new employment helps me to justify that the expectation existed.

I want to thank you all again for your comments and advice. Much appreciated. I will let you know how the case turns out.

[Scott]

Yes, please keep us posted on your case.