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Posted

If you are on a one year contract but have worked multiple years, are those multiple years considered an unbroken, concurrent work period or limited yearly time periods. It has to do with severance pay.

I read the Thai Labor Act of 1998 but it wasn't clear. It appears the employment period is concurrent on contracts renewed year after year but maybe there is someone more knowledgeable about such matters.

Posted

It should be considered unbroken if they were full year contracts. You might get screwed if they give you a 10 month contract like some schools do in order to avoid holiday pay.

Posted

Be aware that there is the Private School's Act which supersedes some of the Thai labor regulations and, according to most, Private schools do not have to pay severance pay.

Posted

Before you accuse others of 'spewing' please read the post. I said 'there is a Private School's Act' and that 'according to most' private schools do not have to severance pay.

You also stated this: OP, please be aware that many senior posters on message boards such as this are management, and is in their interests to spread fear.

I am in the same position as any teacher. If they can get severance, I can get severance. We have had many, many threads on this forum over the years and of them I have yet to find one in which the teacher was paid severance. I don't know why. I don't know if they pursued it to the end of the case. I don't know if they settled for something less, but please feel free to cite some cases where teachers have gotten it and how the ruling was worded.

Oh, and yes, where I work we did have someone go to the Ministry of Labor for severance pay after they were released from employment at the end of his contract. The Ministry of Labor said there was no case for severance. I don't know what evidence was presented, but the outcome was 0 baht paid.

I have always been very, very clear that when people are released from employment, it is in their best interest to consult an attorney or the department of labor to find out if they have a case for severance.

The OP does not talk about unfair termination.

  • Like 1
Posted

It's possible to get severance through a private school....two contributing factors - the employee was let go mid-contract and the employee was given no prior written warnings for misconduct. Also, he is part Thai, but employed on a foreign salary. I've not seen a western teacher get severance yet, though. Another case is being dragged though the courts, and I'll post back about that outcome. That one is taking several months, and on last hearing it sounded like the judge was siding with the school. In this case the employee was terminated at the end of the contract, again with no written warnings. There was also a posting a few years back, i think on TV, that the labor Law will supersede the Private School Act when it comes to severance. It's hard to believe there is NO protection for any school employee. It's bad enough there is no social security (private schools are supposed to set up a Provident fund for teachers). Perhaps Thai teachers get that, but we certainly don't.

Posted

It is very different when the contract is broken without just cause and following proper procedures.

Posted

The issue that I know of is one teacher contract was not renewed. He had worked for the school for over 3 years. They did not terminate him only did not renew his contract and wasn't given proper notice. He did get his money after going to the labor board. He did not use a lawyer, it was a pretty clear case as the school was hiring someone younger and paid less.

But Scott is right. You do need to expect that labor board and courts will favor the school, but not when they are purely wrong.

Posted

Well, yours truly got severance. Mixed in with the 80,000 B agreed on as full and final settlement.

but things have been so murky that I wouldn't want to have that settlement made public.

My own take on severance is that it applies after the probationary period and in the absence of gross misconduct like theft.

Posted

Great info guys, thanks!

On another issue, I read through the 1998 Labor Act and it did talk about deductions from pay but it said nothing about an employer reducing salary on contract renewal. Is that legal? Has anyone experienced that? I'm talking about blanket salary reductions across the entire foreign staff.

Posted

Well, yours truly got severance. Mixed in with the 80,000 B agreed on as full and final settlement.

but things have been so murky that I wouldn't want to have that settlement made public.

My own take on severance is that it applies after the probationary period and in the absence of gross misconduct like theft.

You worked for a private or government school?

Posted

Great info guys, thanks!

On another issue, I read through the 1998 Labor Act and it did talk about deductions from pay but it said nothing about an employer reducing salary on contract renewal. Is that legal? Has anyone experienced that? I'm talking about blanket salary reductions across the entire foreign staff.

I guess the deductions are for social security, but only a government school should be taking that. I think the salary reduction is a grey area. I guess it would be justified if the school could prove why they have to do it - poor management giggle.gif , drop in student enrolments, etc. Never heard this happening before. It looks like they want the farang staff to quit, and employ non-native speakers at a lower salary. Not nice, if that is their goal.

  • 2 weeks later...
Posted

It should be considered unbroken if they were full year contracts. You might get screwed if they give you a 10 month contract like some schools do in order to avoid holiday pay.

For severance, there will be the minimum requirement for 30 days' pay met even with one 10 months' contract.

Q: is this a government or a private school?

The latter gets you to access the free Labour Court. File, then they will arrange a settlement conference and it could all be over in 6 weeks' time.

For government schools, you have to go to Administrative Court and pay 2% of the amount claimed.

Posted

It should be considered unbroken if they were full year contracts. You might get screwed if they give you a 10 month contract like some schools do in order to avoid holiday pay.

For severance, there will be the minimum requirement for 30 days' pay met even with one 10 months' contract.

Q: is this a government or a private school?

The latter gets you to access the free Labour Court. File, then they will arrange a settlement conference and it could all be over in 6 weeks' time.

For government schools, you have to go to Administrative Court and pay 2% of the amount claimed.

Irrespective of what the law states. I know of no-one who got severance pay at any point of contract not being renewed. I know of 3 instances in 1 town. 2 government schools and a Uni. The solicitor for the guy at 1 of the government schools told him 'yes, you have a case BUT you won't win.' .... and he didn't.

If our contracts are not renewed after 3 years of continuous 1 year contracts, we still won't get severance.

If anyone knows of a real instance, I would like to know of it.

Why isn't everyone claiming severance if we are entitled to it. We can't get it. These are Thai schools and we are foreigners.

Prove me wrong....................please. thumbsup.gif

Posted

OK, I'll prove you wrong. I heard from someone who has a friend whose wife knows a lady whose farang boyfriend's co worker, who worked for a school in Nakhon Nowhere and he got severance pay.

Several years ago, there was a flurry of activity on this issue and there were people who posted that they had received severance, but they posted no details. Quite a few had sought legal help or gone to the MOL, but none posted that they got severance.

I do know that when people go to the MOL and/or seek legal recourse, they will try to settle the matter amicably. Some schools will offer a settlement to make the case go away, but it's not severance. Some of these situations have mitigating circumstances and have actually violated the contract itself.

So, I'd like to hear some direct answers from people who were involved in these actions, as well.

It would certainly be helpful if people did get severance.

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