Help before Labor Court Mediation

[deskstop]

Hello everyone, i am an asian teacher who just filed a case in the labor court against an international school for breach of contract and for not giving severance pay after years of teaching. It cause us a lot of stress in my family because i was terminated with invalid reasons such as by giving a low or failing grade only. The School is claiming to have the most competitive lawyer working for them. Do you think the court mediation will handle my case successfully without my personal lawyer? Currently, i don't have budget for getting a lawyer, but i heard about Lawyer's Council of Thailand, do you think they could help me? What can you advice me?

[wym]

If you have a case the Labor Court will assign you a lawyer for free.

Surprised you were even able to file without being directed to this service, because they will often advise people not to bother if they don't meet the criteria.

If you do have a case, you will win, that is one area of Thai law that isn't affected by the wealth or status of the employer, very much on the side of the worker.

However it can take a long time, certainly no less than six months, often over a year, the judges will keep postponing the hearings and pressure the two sides to come to a settlement out of court.

And they don't award very much for wrongful dismissal, usually just a month or two salary.

My understanding is that teachers at private schools are specifically exempted by Labor Dept regulations from the protection of the usual Labor Act that specifies severance pay.

The theory is that such issues will be taken care of by the Education Dept, but no one's ever heard of a wronged teacher getting satisfaction there.

So overall I'm afraid it isn't good news, sorry, most likely not practical to pursue it, but go to the free legal service anyway to see what they have to say - in BKK it's the ground-floor building to the left just as you go in the gate.

[mogandave]

Try settling with the school.

[wym]

With a foreigner, they'll just string things along as long as possible, assuming/hoping they'll disappear before a judgement comes through.

And perhaps they already know that as a private school teacher they aren't covered by the usual severance law anyway, so the worst-case amount for the "wrongful dismissal" would end up being very very low anyway.

You'd think that management would want to avoid the lawyer fees and throw the teacher a month or two salary just to be rid of the issue, but usually not.

Like all those empty buildings standing around, I assume a matter of face.

[samran]

With a foreigner, they'll just string things along as long as possible, assuming/hoping they'll disappear before a judgement comes through.

And perhaps they already know that as a private school teacher they aren't covered by the usual severance law anyway, so the worst-case amount for the "wrongful dismissal" would end up being very very low anyway.

You'd think that management would want to avoid the lawyer fees and throw the teacher a month or two salary just to be rid of the issue, but usually not.

Like all those empty buildings standing around, I assume a matter of face.

I've never read that labour law doesn't cover private school teachers.

Generally labour courts are very sympathetic to employees, whether Thai or foreign. They've hired a lawyer cause they are shitscared.

You should access the court provided lawyer,

[wym]

I've never read that labour law doesn't cover private school teachers.

Generally labour courts are very sympathetic to employees, whether Thai or foreign. They've hired a lawyer cause they are shitscared.

You should access the court provided lawyer,

yes, yes and yes

The law itself was amended by Dept of Labour regulation, I believe after 2000 sometime. Believe me it's true.

But only wrt the severance pay issue, other clauses still pertain, but that's the only one that gets you any money, in my case eight months' salary.

Foreigners employed by a private school in jobs OTHER than teacher are also still covered.

[deskstop]

thanks you guys for your replies. Most of the employers knew that it would take so much time and often sum of money to have a case, that's why it is easy for them to just get rid for employees without valid reasons. It is good the lawyer's council of thailand is willing to help me for free in case the mediation of the court will not succeed.