Teaching Contract not being renewed.

[Farfetched]

I have been working for the same agency for the past 3 years. I am at or near the top end og their salary structure and turned 65 last January. In November of last year, it was announced that their contract with the school I was working at would not be renewed after the end of the Semester in March. As such, I changed my Non Im “B” visa to a Non-O based on marriage in January of this year when it was due.they have never asked f

I also pointed out that I needed a new Work Permit at as mine expired at the end of January. I was informed that since they did not know where I would be working, they wanted to wait. I agreed to this.

In late March I was transferred to a sister-school of where I had been working. When I inquired about a work permit, I was told I couldn’t get one since I hadn’t taken the TCT Teachers Test. I have only had one waiver for the teaching license. I suggested that I should not have a problem with acquiring a 2^nd waiver. I was told by Management that that was not possible.

At no time have they attempted to process a Work permit on my behalf as they never asked for my Work Permit or documentation to apply. I was only told it was not possible. My contract ends July 31 of this year; this month, and my contract will not be renewed.

My Question is 3 fold:

1. Do I have any claim for Separation Pay even though I have been working with-out a Work Permit for 6 months.

2. They have continued to withhold taxes even after the expiration of my Work Permit. My understanding is that they cannot remit the taxes to the government if I do not have a Work Permit. Am I entitled to get the taxes back based given this scenario?

3. Am I wrong about issuance of a 2^nd Teaching Waiver, or is that a question for the MOE?

Thank you for any reply?

[zeichen]

You worked illegally end of story. All your fault and nothing can be done. You are also on the upper end of mandatory retirement so it will hard to find work unless you offer something they cannot normally find like PhD, or a special skill set.

As for witholding taxes, they still have to pay taxes even if you are illegal so yes, they can deduct. You worked for 3 years then you probably did have 2 waivers.

[lostinisaan]

Sorry, it seems you were good enough for the last three years and they're trying to get rid off you now in a bad way.

Please check on the TCT webpage if you ever were a teacher for them. You wouldn't have a problem to get a second provisional at all.

I've met a 72 year old, who worked for a school directly, where the labor department denied another work permit, because of his age, which doesn't seem the case with you.

I know for a fact that quite a few guys working for an agency were trying to take that agency to court. Now it doesn't really matter if you've had a work permit or not.

1. No idea if you’re entitled to receive any separation money, but I know that there’re places, usually at the city hall, where they even give you a free lawyer. ( Talking about Sisaket now, forgot the name in Thai now, as an American friend had a similar problem)

2. If you didn't have a work permit, you're not registered at the tax department and they kept your taxes for no reason. Therefore, they were not allowed to deduct any taxes from you.

3. You’re not wrong about not having a problem receiving a second, even a third waiver, if you’re holding a degree in any field. You could send an e-mail to the TCT, which is just one part of the MOE.

If I were you, I’d go for it. Best of luck from lower northeast.

[lostinisaan]

You worked illegally end of story. All your fault and nothing can be done. You are also on the upper end of mandatory retirement so it will hard to find work unless you offer something they cannot normally find like PhD, or a special skill set.

As for witholding taxes, they still have to pay taxes even if you are illegal so yes, they can deduct. You worked for 3 years then you probably did have 2 waivers.

If the OP isn't registered at the labor department, therefore doesn't have a work permit, I doubt that it would be legit to withhold his tax.

Please Zeichen, see it as it is. There's a guy who was being used from a dubious agency, sad that something like that happens too often.

Yes, he worked illegally, as the agency were always lying to him regarding the work permit/. provisional license, etc.

Their plan is to make money and they obviously do not care ,until people take them to court.

It would be nice if others would share their opinion regarding that matter.

It's not about if the OP can easily find a job now, it's about what to do being in such a weird situation.

Sorry, I wrote my other post at the same time, when you did yours.

Edited July 23, 2014 by lostinisaan

[Farfetched]

You worked illegally end of story. All your fault and nothing can be done. You are also on the upper end of mandatory retirement so it will hard to find work unless you offer something they cannot normally find like PhD, or a special skill set.

As for witholding taxes, they still have to pay taxes even if you are illegal so yes, they can deduct. You worked for 3 years then you probably did have 2 waivers.

Gee Zeichen, thanks for the enlightening information. Your knowledge (lack of) on the subject overwhelms me. Mandatory retirement age? Really? I mut have had 2 waivers? Maybe I should contact the TCT and let them know that their reporting system needs to be updated, since it only shows 1 waiver (yes, I checked both my old and new Passport Numbers). I'm sorry, but I have done enough research on the subject matter to know that you have no idea what you are talking about. I will say that you did give me a good laugh, and thanks for that.

Edited July 23, 2014 by Farfetched

[sirocco]

Vous finissez travaillé illégalement de l'histoire. Ta faute et ne peut rien faire. Vous êtes également à l'extrémité supérieure de la retraite obligatoire de sorte qu'il sera difficile de trouver du travail, sauf si vous offrez quelque chose qu'ils ne peuvent pas trouver normalement comme doctorat, ou un ensemble de compétences particulières.

En ce qui concerne réticence sur les impôts, ils doivent encore payer des impôts, même si vous êtes illégal donc oui, ils peuvent déduire. Vous travaillé pendant 3 ans, alors vous n'avez probablement avez 2 dérogations.

Gee Zeichen, merci pour l'information éclairante. Votre connaissance (manque de) sur le sujet me submerge. Âge de la retraite obligatoire? Vraiment? Je MUT eu deux dérogations? Peut-être que je devrais contacter le TCT et leur faire savoir que leur système d'information doit être mise à jour, car il ne montre une renonciation (oui, j'ai vérifié mes deux anciens et les nouveaux numéros de passeport). Je suis désolé, mais j'ai fait assez de recherches sur le sujet de savoir que vous n'avez aucune idée de ce que vous parlez. Je vais dire que vous avez fait me donner un bon rire, et grâce à cela.

It amuses you, but that person is right.

You have illegally benefited from a post without having any diploma, and at your age, you want to work forever.

I am not surprised that Thai students be so insignificant in school.

[Farfetched]

Vous finissez travaillé illégalement de l'histoire. Ta faute et ne peut rien faire. Vous êtes également à l'extrémité supérieure de la retraite obligatoire de sorte qu'il sera difficile de trouver du travail, sauf si vous offrez quelque chose qu'ils ne peuvent pas trouver normalement comme doctorat, ou un ensemble de compétences particulières.

En ce qui concerne réticence sur les impôts, ils doivent encore payer des impôts, même si vous êtes illégal donc oui, ils peuvent déduire. Vous travaillé pendant 3 ans, alors vous n'avez probablement avez 2 dérogations.

Gee Zeichen, merci pour l'information éclairante. Votre connaissance (manque de) sur le sujet me submerge. Âge de la retraite obligatoire? Vraiment? Je MUT eu deux dérogations? Peut-être que je devrais contacter le TCT et leur faire savoir que leur système d'information doit être mise à jour, car il ne montre une renonciation (oui, j'ai vérifié mes deux anciens et les nouveaux numéros de passeport). Je suis désolé, mais j'ai fait assez de recherches sur le sujet de savoir que vous n'avez aucune idée de ce que vous parlez. Je vais dire que vous avez fait me donner un bon rire, et grâce à cela.

It amuses you, but that person is right.

You have illegally benefited from a post without having any diploma, and at your age, you want to work forever.

I am not surprised that Thai students be so insignificant in school.

Gosh Siroco, You also amaze me with your subject matter expertise. Can you show me where I said I have no diploma? Would you please underline it or highlight it for me. Didn't think so. Like many people on this forum, you are sitting there soaking up your suds and and spewing trash when you have no idea what your talking about. Actually I do have a degree. I have a BS in Accounting with a minor in Economics and a Masters in Business Administration. My first two years of teaching here was at a well respected Business College. The last 3 years have been with a highly regarded Private School on the outskirts of Bangkok. Did I say that I taught English? Didn't think so. Don't talk your trash with me. You don't know what your talking about. Go back to your bar stool.

[zeichen]

Sorry that you don't know what you are talking about. Thailand does have a mandatory retirement age. They do make exceptions but it is like most things there are rules and there are ways around them. The fact is that it is hard for people over 60 to get work and even harder for those over 65.

The other issue is that you worked illegally for 6 months. It was your responsibility to change that after the first month. To go for such a prolonged period of time without doing something about it is your fault no the recruiter.

Businesses need to keep their financial records straight so most likely they did pay into the tax system just not under your name. And if they didn't they cheated you. However blame yourself not them. You are the one that allowed it to happen for 6 months.

As for the waivers since you taught for 3 years it only makes sense that you had 2 of them. But of course I will take your word for it. It does sound like the recruiter was just making excuses.

Good luck and don't bother responding as you are now on my ignore list.

You made your bed,. you lie in it.

[squarethecircle]

Note to self: any time you have problems in Thailand, expect the fellow expats to come down on you like a vulture instead of trying to help out (you guys aren't teachers, are you?). Dayum.

Edited July 23, 2014 by squarethecircle

[isawasnake]

The tax issue should have been brought up immediately, ie, "I have no work permit, why are you taking taxes! If you don't stop taking that I wont work". I would take that very seriously, and should have been done immediately. It is the same thing as somebody just taking money out of your pocket. We are in Thailand, and the money is now gone, and you will have more trouble than it is even worth getting it back. But it surely is due to you.

I personally think you can submit a case for severance without a work permit. I am not 100% sure though. The more befuddling question to me is would you be fighting your agency, or the school. I suppose the agency. I would just 100% forget about what everyone says here, and go into the central labor court in bangkok and ask one of the clerks. You will probably need a Thai with you. I have learned through experience that people do not know what they are talking about when it comes to these severance cases. Just ignore everybody and head in there. The clerks are on the first floor, and it is close to the MRT.

[isawasnake]

Note to self: any time you have problems in Thailand, expect the fellow expats to come down on you like a vulture instead of trying to help out (you guys aren't teachers, are you?). Dayum.

This may be too conspiracy theory for some, but I came to the conclusion that there are "entities" posting on here that actually represent schools and such, and act like normal posters. It only takes a few posts if you think about it, in a widely read severance thread, to really throw thousands of people into a tail spin of mis-information. You really got to be careful who you listen to in here. The best advice I got, in the end I know this now, from a Thai lady she said "just keep going and you will get it, just keep fighting". That is the key, but i think op isn't due enough money for it to be even worth it in my eyes. Agencies pay mid 30k and it is way more trouble than it is worth. If you fight you will have some expenses on your end too. People say "no lawyer" and think that means free, but you have to translate documents etc. It can run 10 to 15k to file one of these cases with all the transport etc.

Edited July 23, 2014 by isawasnake

[squarethecircle]

"This may be too conspiracy theory for some, but I came to the conclusion that there are "entities" posting on here that actually represent schools and such, and act like normal posters."

You're probably right, just like on the China forums I post on there are pretty obvious "wumaos" who are paid by the government to spread misinformation. Some of the above posts seem mean-spirited and zeichen in particular posted outright false information (with simple arithmetic mistakes) on another post about teacher salaries in CM, all the while insulting my alleged lack of knowledge on the subject, I can prove this with a simple link. But I guess OP will ignore said poster to begin with.

[zeichen]

Agencies do not fall under the same regulations as schools for the severance. Agencies are not to be trusted and never used. No I don't have sympathy for a 65 year old man who put himself in this situation. He can go to the labor board, he can try and fight for a small amount of money, or he can put his big boy pants on and try to find something better.

As for square, yes, I had a typo on that thread but cannot edit after a while and it wasn't pertinent to the discussion. However, you were equally wrong and posted a lot of misinformation also about cost of living.

Would it have been better if all posters lamented with the OP and offered our sympathy? What advice can he want or need. There isn't anything that he can do really. There is little recourse but to move on. I know people who have fought through the courts and have won. I also know that it took them over 1 year and they ended up winning 50k baht. Not really worth it.

The other thing is because of libel laws the OP has to be careful what he says about the agency.

[isawasnake]

I don't have any information to directly counteract what you^ said about agencies falling under a different structure, but my only comment or thought is that why would they? The labor issues here are just that. They don't have anything to do with a certain school or company, but simply working. And I know foreigners are treated like Thais when working here, "under the law" anyway, in practice may be different. I think one of the things the op would have going for him (if he was due enough to even make this all an issue) is the fact that he was employed without a work permit. If you brought an agency in front of the court, you really think they want to be sitting there explaining why he had no work permit? And, what if this happens a second or third time to them? This puts a person like the op in the driver's seat in the negotiations part of the process. The agency (or company) stands to lose a lot more than an employee when it comes to a lack of work permits. Simply proove you were getting paid via pay stubs etc and wait until they cave. Again, I am not necessarily recommending this to op because the amounts may not be worth it, but to others in a similar spot with more at stake the no work permit aspect I think would work FOR the employee. This stance is hard to argue with because the onus for the work permit must be with the school by necessity, right? If the school wants an employee to have a work permit, he will. If not, he wont. The employee really has no control over the matter, so the responsibility for having it lies with the school in this case.

Edited July 23, 2014 by isawasnake

[Farfetched]

I posted this question in the "ask a Lawyer" forum initially because I new it would be raw meat for some of the people here and I didn't want to listen to them. It was moved for some reason. I greatly appreciate the advise and knowledge shared by several of you. Thanks for your time and effort. I am normally not one to make waves, but the manner in which this whole thing is going down, combined with the fact that 2 other people have been pushed out in a similar way, has pressed my hot button. Frankly, it is not so much about the money, although it would be nice, It's the principles. I dare not say to much about the Agency/staffing/managing outfit I work for, but they are not a small entity.

[casualbiker]

Agencies do not fall under the same regulations as schools for the severance. Agencies are not to be trusted and never used. No I don't have sympathy for a 65 year old man who put himself in this situation. He can go to the labor board, he can try and fight for a small amount of money, or he can put his big boy pants on and try to find something better.

As for square, yes, I had a typo on that thread but cannot edit after a while and it wasn't pertinent to the discussion. However, you were equally wrong and posted a lot of misinformation also about cost of living.

Would it have been better if all posters lamented with the OP and offered our sympathy? What advice can he want or need. There isn't anything that he can do really. There is little recourse but to move on. I know people who have fought through the courts and have won. I also know that it took them over 1 year and they ended up winning 50k baht. Not really worth it.

The other thing is because of libel laws the OP has to be careful what he says about the agency.

Question for you?

How does an employee get a work permit if their employer does not provide the correct paperwork?

have you yourself actually got a work permit? If yes when you got it did you actually SEE the amount of paperwork required?

Sent from my XT1032 using Thaivisa Connect Thailand mobile app

[casualbiker]

Sorry that you don't know what you are talking about. Thailand does have a mandatory retirement age. They do make exceptions but it is like most things there are rules and there are ways around them. The fact is that it is hard for people over 60 to get work and even harder for those over 65.

The other issue is that you worked illegally for 6 months. It was your responsibility to change that after the first month. To go for such a prolonged period of time without doing something about it is your fault no the recruiter.

Businesses need to keep their financial records straight so most likely they did pay into the tax system just not under your name. And if they didn't they cheated you. However blame yourself not them. You are the one that allowed it to happen for 6 months.

As for the waivers since you taught for 3 years it only makes sense that you had 2 of them. But of course I will take your word for it. It does sound like the recruiter was just making excuses.

Good luck and don't bother responding as you are now on my ignore list.

You made your bed,. you lie in it.

Retirement is only compulsory at age 60 for government workers of Thai nationality. It is NOT compulsory for private companies or foreign staff.

Sent from my XT1032 using Thaivisa Connect Thailand mobile app

[zeichen]

I didn't claim to be an expert. I only stated my equally valuable opinion that the OP doesn't really have any legal recourse. He can go to labor board and file a complaint but I seriously doubt that it will amount to anything. But unlike others here that I don't agree with, I don't flame you and bring up old threads or discussions.

" understand the system a trifle more than you think or actually profess to know."

And you call me arrogant.

[SOTIRIOS]

.....Our 'own kind' screw us over as suits their needs....

....low-life....scum...scamming....'agencies'........

....and they work on the side too......

...all dubious..doubtful....as long as they skim off the top......often as much as we earn....they don't give a d*mn.....

...and the educational system being a shambles to begin with.....this goes on and on.........

....forced to work illegally....running on empty promises.....

...and if something goes wrong......withhold your salary even.......

....and very ingenious names.....pristine..saintly.........

....getting your blood sucked by 'your own kind' in Thailand......

[davejones76]

best is to go to revenue department in your area. Fill in a claim back tax form for taxes paid on your salary.

this usually wakes up the officials and they start digging in the agency's tax payments.

honestly it is better to work for a foreign thailand based agency than a thai agency as tax is not top priority for them.

success

[rct99q]

Well, some of you would fit nicely in a Thai classroom of 12 year olds.....

Not that I am an expert ....

1. Severance pay - maybe, it will depend on how your contract is worded. Fixed-term or Open-ended. If it is a fixed term contract it will be very difficult to obtain severance pay. Unless they have included wording such as "either party can terminate this contract given 1,2,3 months notice...." or something like that. If it is an Open-ended contract then yes you may be able to file. The Labor Boards in Thailand, in my opinion, are quite open and honest and will try to assist you in this matter. If the company has provided you with sufficient notice of termination and / or you have breached any condition of your contract then no.

2. Taxes - once you are in the system ie. obtained a Tax Id No. and have filed a tax return then you are in the system regardless of having a work permit or not. It is your responsibility to file a tax return every year if you are working. A company withholds taxes from you to offset your payment that is made to the Government at the end of the year when you do your return. If an over collection has been made you will get a refund after you have filed your tax return for this year. If you leave the country or have lived in Thailand for less than 180 days you may be able to file for a return of these. You should also note that Thailand has many reciprocal agreements with many countries for tax purposes and any income you make here should be declared on any other income tax returns you make in the rest of the world (or vica versa if thailand is your home).

It makes no difference to Revenue Thailand if you have a work permit or not you must file income tax if you make money in Thailand.

3. You may be able to obtain a 2nd waiver, it is however up to the employer to provide the proper documentation for you to obtain. If your employer is unable to or unwilling to provide this information then you may be stuck without one. If you stay at one school it is possible to work up to 4 years (2 x 2years) if however you change employers or schools you can easily use up these two waivers in as early as two semesters. If you are in the process of upgrading (proven enrollment) your current degree to include B.Education then it is possible to receive a third waiver (with some conditions).

Hope this helps and again I am only providing information that has been either obtain through personal experience or other co-workers....it is by no means professional advice and could be a pile of horse manure for all I know.

[lostinisaan]

Agencies do not fall under the same regulations as schools for the severance. Agencies are not to be trusted and never used. No I don't have sympathy for a 65 year old man who put himself in this situation. He can go to the labor board, he can try and fight for a small amount of money, or he can put his big boy pants on and try to find something better.

As for square, yes, I had a typo on that thread but cannot edit after a while and it wasn't pertinent to the discussion. However, you were equally wrong and posted a lot of misinformation also about cost of living.

Would it have been better if all posters lamented with the OP and offered our sympathy? What advice can he want or need. There isn't anything that he can do really. There is little recourse but to move on. I know people who have fought through the courts and have won. I also know that it took them over 1 year and they ended up winning 50k baht. Not really worth it.

The other thing is because of libel laws the OP has to be careful what he says about the agency.

The Op was asking some pretty easy questions, being in a situation, where he's seeking information.

Your statement that you "know people who ended up "winning" 50 K" is priceless.

At least they went for it and those agency might have changed a little bit regarding ripping others off.

I'd reckon to fight, even if it's only 50 K, as you've said. It's not only 50 K, it's your freaking right, when people are doing wrong things to you.

And agencies are well- known for doing that to people. Instead of trying to give the OP the right information, there's a little war between posters who obviously don't like each other.

Sorry, but that's not what this forum is made for. Leave your private wars where they belong to. At home.

And your last statement, that the OP has to be careful what he says about the agency says a lot about your character as well.

Most agencies pretty much s-ck. Please spread my word. Thanks.

[Scott]

Off-topic, inflammatory and other posts and replies deleted.

[Scott]

What you do depends on what risks you are willing to take. One of the problems is that there are different laws that cover different situations and we do not know all the nuances of your particular situation. You are covered under Thai Labor Laws whether you have a work permit or do not. Even illegal workers are covered by the law. Of course, once they pursue an action, there may be a price to pay for not having the work permit -- that's the great unknown. So, can you pursue this issue. Yes.

Are you eligible for severance pay? Probably not -- at least not in the ordinary sense of severance pay. The Court could decide that you are owed for the money to the end of your contract. But if you do not have a contract then I have no idea how they would determine an end date. The court could also determine that you have been unfairly dismissed. There is a special exemption for severance pay for Private schools and it is covered a separate law for Private Schools. How your agency is licensed may determine what laws are applicable.

If you have a tax ID No. they can pay into that account. I don't believe, but I don't know for sure and I am not a lawyer, that the tax situation is tied to your Work Permit. Initially getting the tax ID number would be but keeping it may not.

Much of the time, when a person pursues legal action, the MOL, will try to negotiate a settlement to avoid a court battle. That means they may pay you some of what you believe is owed to you but not necessarily all.

If the agency has lost the contract with the school, then they have a reasonable case to terminate your employment at the end of the contract. Why would they keep an employee for whom they don't have a job? If I hire someone to paint my house, once he is finished, I would not generally retain his services.

Consulting with the MOL might be a good idea. A lot of attorneys, unless they specialize in labor related cases, are not really very good with this sort of thing and they are expensive. The MOL may be able to give guidance as to if they feel your situation warrants action or not.

Best of luck.

[Kf6vci]

Well, you should have a claim regarding 1.) an d 2.). Not sure about the 3rd question.

This should be settled at the arbitration hearing. Labour Court is free

[mikecat]

Hi, sorry to hear about all these problems with your agency. Now that the agency has severed ties with the school you could try and negotiate with the school directly for a contract and maybe they can apply for your waver and provide the correct paper work for a new non B and work permit.. Lots of if's and buts in there but worth a try.

The retirement age for Thai teachers in govenment schools is 60 (I think) and the legal retirement age elsewhere is 65. However, I know a number of foreign teachers who are working in schools legally well over the age of sixty five.

The biggest problem is the teachers council, not only for you but for many including Thai teachers these days. They are getting tougher and tougher all the time and switching policy from one day to the next. If you have been teaching for three years you should have renewed your work permit three times, but maybe you have only renewed it twice due to the agency not providing a work permit this time. This would indicate that you have only had one waver and could through a school apply for the second. Again, a lot of ifs and buts but worth a try.

I dont know about the tax, I have always recieived a tax calculation form and letter from the school and paid my own tax. I would demand a receipt for taxes paid from the agency or my money back If they are not cooperating you could mention that you are seeking advice from the tax office and labour office. I am not sure how this would work but you could go to the tax office and seek advice. The fact that you have been working technically illigally wont worry them, they will just want their money.

[rct99q]

Agencies do not fall under the same regulations as schools for the severance. Agencies are not to be trusted and never used. No I don't have sympathy for a 65 year old man who put himself in this situation. He can go to the labor board, he can try and fight for a small amount of money, or he can put his big boy pants on and try to find something better.

As for square, yes, I had a typo on that thread but cannot edit after a while and it wasn't pertinent to the discussion. However, you were equally wrong and posted a lot of misinformation also about cost of living.

Would it have been better if all posters lamented with the OP and offered our sympathy? What advice can he want or need. There isn't anything that he can do really. There is little recourse but to move on. I know people who have fought through the courts and have won. I also know that it took them over 1 year and they ended up winning 50k baht. Not really worth it.

The other thing is because of libel laws the OP has to be careful what he says about the agency.

The Op was asking some pretty easy questions, being in a situation, where he's seeking information.

Your statement that you "know people who ended up "winning" 50 K" is priceless.

At least they went for it and those agency might have changed a little bit regarding ripping others off.

I'd reckon to fight, even if it's only 50 K, as you've said. It's not only 50 K, it's your freaking right, when people are doing wrong things to you.

And agencies are well- known for doing that to people. Instead of trying to give the OP the right information, there's a little war between posters who obviously don't like each other.

Sorry, but that's not what this forum is made for. Leave your private wars where they belong to. At home.

And your last statement, that the OP has to be careful what he says about the agency says a lot about your character as well.

Most agencies pretty much s-ck. Please spread my word. Thanks.

Not to hijack the OP's points but your response in part about the comments people make in public are incorrect. It is strongly suggested you not make, and I do believe it is part of the forum rules, any mention of particular names or businesses in regards to such negative comments.

You state "most agencies pretty much suck. please spread the word. thanks." Is fine as that is your opinion in general regarding agencies however had you posted a particular agencies name, address and phone number your posting would not be up very long and you may even get a knock on your door one day.

However please google defamation laws thailand and have a quick read if you do not believe this could get you into trouble. My apologies to the moderators for this off topic discussion but felt it is important for some people to understand the seriousness of slander in this country and it should not be taken lightly.

[mikecat]

According to the Department of Labor website every worker including foreign teachers are entitled to severence pay and this is calculated on number of years working for company/school. There are some variations to scales of severance and how this is paid depending on industry. Two friends of mine recently had a severance pay dispute with a school, they went to the Department of Labor and the department rang the school and suggested they pay or face a court case. The school paid up. I dont think your agency would like to have to explain how they were using illagal employees in a school, neither would the school. You are probably not the only illagal working for them and could make them feel uncomfortable.

Working without a permit in a school is a 10,000 baht fine for a school and 20,000 for the employee and possible deportation. Working with a permit but not performing the prescribed job is also the same fine and loss of work permit and associated permission to stay.

[White Tiger]

2. Taxes.....It makes no difference to Revenue Thailand if you have a work permit or not you must file income tax if you make money in Thailand....

My understanding of the OP was that he thought taxes were being deducted from his pay, but not remitted to the tax authorities. In other words, he suspected his employer was sitting on the cash.

In that scenario, with no WP as well, the employee - through no fault of his own, and despite his best efforts to remain legal - is off the books/radar as far as the authorities are concerned.

[Scott]

The portion on severance pay does not apply to Private Schools, according to the private school act.