Probationary period - does it go both ways? May teachers quit on the spot?

[WonnabeBiker]

Just wondering, as the notice period won't apply to employers. What about disgruntled employees? Are they bound by the contract's T&Cs during the first 3 months or 100 days?

[WonnabeBiker]

Oops, I intended to ask "IF", but wrote "as".

[lostinisaan]

Probation Period

No probation period is stipulated, and an employee has no recourse for dismissal within the first 120 days (four months) of employment.
Part-time work versus full time work
In general, normal working hours cannot exceed 8 hours per day or 48 hours a week. The Thai law permits a six day work week. There is no stipulation on the minimum hours for full time work.

Dismissal

An employer may dismiss an employee for no reason and only has to give thirty days' notice, or notice pay in lieu thereof, as well as pay severance pay (as discussed above). An employee does not need to give any such notice.

Please see

Please an older thread of TVF:

http://www.thaivisa.com/forum/topic/121264-should-i-be-blacklisted-for-leaving-during-probation/

Edited August 16, 2014 by Scott
Direct link removed

[brucetefl]

In case you missed it, it goes both ways. You can usually walk from a job within 120 days without notice.

[Scott]

A link to another site has been removed. This is not allowed under forum rules.

[connda]

Probation Period

No probation period is stipulated, and an employee has no recourse for dismissal within the first 120 days (four months) of employment.

Part-time work versus full time work

In general, normal working hours cannot exceed 8 hours per day or 48 hours a week. The Thai law permits a six day work week. There is no stipulation on the minimum hours for full time work.

Dismissal

An employer may dismiss an employee for no reason and only has to give thirty days' notice, or notice pay in lieu thereof, as well as pay severance pay (as discussed above). An employee does not need to give any such notice.

Please see

Please an older thread of TVF:

http://www.thaivisa.com/forum/topic/121264-should-i-be-blacklisted-for-leaving-during-probation/

Something to consider. If you're on probation, my bet is you've got a tourist visa and no Work Permit. If that's the case, when you quit, disappear. You're employer will use that leverage to make you an indentured servant of the company by threatening to have you busted.

Edited August 16, 2014 by connda

[Scott]

Your immigration status does not negate your employment status. You have the same rights as an employee whether you are legal or not.

That doesn't mean that you can't or won't get into trouble with immigration, but the labor situation is under the Ministry of Labor, not Immigration.

In a discussion that I had with an immigration official at one point when we had an employee who was in trouble, he explained that immigration didn't act as long as the paperwork was being processed. I have no idea if this is a formal policy or an informal one.

Things are in a state of flux with regard to many things, but do not for a moment think that anyone can blackmail you. They can make your life difficult, but you still have rights.

[inutil]

"And if they start giving me shit... Ill quit the old fashioned way: No show, no phone call!" (doug stanhope as president!)

You arent an indentured servant. No one has a gun to your head. Theres no organised blacklist. If you ever want to quit, then quit. If it requires a runner, then run.

Contract or no contract, so long as you can blag the gaps on your CV no one cares.

I suspect though this is more about getting paid for hours worked. Look at YOUR contract. Does it say anything about this? Are you willing to challenge the vilidity of x clause versus Thai labor law Again, contracts mean shit unless YOU can enforce them. If someone wants to screw you out of money, you have to make the decision if you have the time to dick around with a lawyer or not and take this to court. The easiest path is to get what youre owed, give notice and leave. If you dont trust them, get what you can, and leave. And if you think theyre pure scum and want to punish them, take them to court or threaten them with court.

What does your contract ACTUALLY say. Is there a clause that states the THAI version of the contract supercedes the English version? Can you read Thai? No? Get a lawyer who can, and ask them what they think. If theres a clause where they can demand reimbursement for fees (to a recruiter or airfare and the like), if you leave in the first six months, then you're going to have to get legal advice. Genuine legal advice. Not advice from teachers or forum users in general. Alternatively, no show, no phone call. Move. Problem solved. No one is chasing you across the country unless you owe them a tonne of money.

Edited August 16, 2014 by inutil

[pauleddy]

Most of the above is true. You can just not show up next Monday. Say your mother is sick. Teachers here are in "churn" all the time, especially in the backpacker jobs.

Nobody is going to chase you. The police are not interested in anything like this. Any civil litigation here takes 2-3 years, and nobody enters anything like that if a teacher doesn't show up for work. LOL.

The main problem is 1. Your visa/WP (and 2. maybe telling the next employer where you worked the past 2 months).

there is no Teacher Blacklist in general national circulation (although Thai teachers do gossip, but many hate other Thai teachers anyway, because there are factions and gangs in every school or uni)--- but with an older (now defunct) site there did exist a blacklist of schools to AVOID.

Eddy

[gyrosman]

I'vo taught 3 years here and now retired. I saw 15 teachers come and go at my school some from 2 days to weeks to only 1 semester. Point being, your probation period is the time used to process your paper work ie; B visa ? WP etc license. So, if your on a tourist visa at this time you are illegally working anyway. But, if you don't have a work permit but here is the important part " IF YOU ARE ON A COMPANY "B" VISA AND YOU QUIT OR DISMISSED YOU HAVE 7 DAYS TO GET YOUR OWN PROPER TOURIST VISA IF YOU WISH TO STAY IN KINGDOM. THE COMPANY DOES CANCEL THEIR "B" VISA QUICKLY.

However; If you don't have a company "B" visa which means you don't have a work permit walk away and let them kiss you, you know where. They threaten blacklist, bullshit, no such thing on less you go to another school they have contracts with. There are hundreds of companies short on teachers, I suggest SINE is a modern multi media school system company that is progessive in learning technics.

Last point, I bought 2 teachers to the Cambodia because 1 was fired and the other quit. At the border they were confused as both had "B" visa's with about 2 months left on them before the 90 check-in period. The border officer informed them if they crossed into Cam. their "B" visa is finished. It took time to explain they quit the school that day and wanted to get a 15 day land crossing visa. Well, they crossed into Cam, voided the company "B" visa and proceeded to get normal tourist visa and hunnted for a new school.

Hope this helps.

[isawasnake]

If you want to quit, then quit. No need to think on it any more than that.

I agree with the point about the blacklisting being just laughable. The thing is, even if a school did decide they want to get you back, they would have to spend time and manpower to do this, which would just never happen. I am sure there are rare exceptions but the thing you can count on here is that people don't have their crap together enough to screw you over.

Edited August 17, 2014 by isawasnake

[Strangebrew]

Is it really that hard not like the military is it.?

[lostinisaan]

I'd quit my first teaching job, they were really pizzed. I remember an English guy who'd also quit his teaching job at the same school two years later.

The director was trying all to get him "blacklisted" all over Thailand, which - of course- was just a joke. They're used to let people go and dislike when people go.

They can't blacklist you from teaching, when you formally quit your job.

[isawasnake]

I would hope most private schools would know as well, that any harm they can do to you, you can do to them right back. In fact, there is much more at stake in their side of things as far as smear campaigns go.

[Thighlander]

Most of them withhold part of your pay each month, as a "deposit." That should really never be tolerated. Also, payday isn't until the 10th or so....so you could risk your deposit + the first few days of the month. One of the few English words that all admins know; "runner."

[Eddy B]

They can't get you black listed but they can get you black balled with other schools within the area you worked. It's not so bad if you are willing and are able to re-locate. They will make up stories about your behaviour, drinking after school hours, smoking during your breaks between classes and visits for a special massage. They need to really grow-up, I often saw my Thai co-workers so pissed out of the minds on whiskey, nipping in for a soapy massage or evening dining with someone that was not their husband/wife but I never bothered to mention it around school as I am adult enough to just not be bothered by it.

[BruceMangosteen]

Most of them withhold part of your pay each month, as a "deposit." That should really never be tolerated. Also, payday isn't until the 10th or so....so you could risk your deposit + the first few days of the month. One of the few English words that all admins know; "runner."

Not sure what you refer to? Payday is the last working day of the given month and no "deposit" or other withholding other than tax and social is allowed(or shall I say, normal). Any agency not paying on time and making deductions, well what can we say? But schools doing it? Doubt it. Please clarify.

On a related matter, I was told by my Department Head that there is indeed a blacklist in Bangkok for teachers who break contracts. Of course, the school would have to initiate such a listing.

Lastly, I've also seen Thai teachers drinking at lunch(off campus) and didn't really figure it was any of my business. They are tenured teachers etc.. I did stop going to their preferred restaurant.

[BruceMangosteen]

smoking during your breaks between classes

Is that not allowed? I've seen Thai teachers smoking right out in open areas. At least the few farangs who smoke do it behind the boys bathroom with the students.

[KevWaters]

An employer may dismiss an employee for no reason and only has to give thirty days' notice, or notice pay in lieu thereof, as well as pay severance pay (as discussed above). An employee does not need to give any such notice.

This answered my main question before I even asked it, thanks !

Anyone know how long it would take to get the notice and severance pay should they not pay out? Hopefully not 2 - 3 years like someone suggested above for other forms of litigation.