Non renewal of fixed contract.

[Direktkaoz]

I have been teaching at a private school for the past two years on a fixed term contract of which starts in May and ends on the 30th of March.

Due to family obligations, I've decided to not renew my contract and I've sent the director of the school a letter of resignation via text message on the 3rd of April; in which he told me that he understood.

I have completed my obligations until the last day of my contract, however, the school is refusing to pay me my salary for the month of March unless I go to the school and sign another letter of resignation written by them and also stipulated that I hand in my work permit which has already expired.

I am a bit reluctant to sign such a document fearing that I will give up my rights in doing so, especially since the document will most likely be in Thai.

Should I just sign the letter and collect my salary? Or should I write my own letter stating that "as of April 1st I will not be renewing the contract"?

Or should I just not sign anything because I've already sent a letter in which the employer has already acknowledged, and demand my salary which is rightfully mine?

Also, should it be a problem handing in my expired work permit to school or should I not worry about it?

Any advice on this matter would be greatly appreciated. Thanks a million.

[thesetat2013]

The school has 3 days to revoke your work permit and in turn revokes a non o work visa. I think they are making this document to put the responsibility in you to tell immigration that you have stopped employment and have to change your visa. This may be a benefit to you if you actually trust them not to report your resignation. It has absolutely nothing to do with you not wanting to extend to another contract. That is only a piece of paper to them.

As for your supposed letter about April 1. Its irrelevant! Your contract expiration date is all that matters here.

I don't know what your visa is but if you carry your work permit then just go drop it off or keep it. You will be issued a new one when or if you start working at a new school. Just make sure you let immigration know about you not working so they can change your visa. You want that last salary. Most private schools are decent and don't have an ulterior motive.

Edited April 23, 2015 by thesetat2013

[cgphuket]

Sorry, but a test message is not an official letter of resignation. Surprised an adult would think it is. The big thing is the work permit. They need to physically turn in the old one, before the labor dept will issue a new one for the next employee. Just go give them a real letter and turn in your permit.

[nottocus]

A text? Maybe consider being professional in future.

[Loaded]

Letter of resignation needs a signature - text message means nothing to Labour and Immigration. It says a lot about you that you think this is sufficient.

Work permit belongs to the school. You shouldn't have taken it from the school. They've asked you to hand it in so that they can cleanly terminate your work permit at the Labour office. You are reluctant to hand it in because you suspect they will do something bad. If they can't hand in the work permit because you refuse to hand it back to the school, there's a very big probability Labour may refuse your next application for a work permit.

You don't have any rights, you left your employment.

[Direktkaoz]

I am sorry, I was not clear but this isn't a visa issue. I already flew out of the country on the last day of my tenure and came back with the proper visas.

Sorry, but a test message is not an official letter of resignation. Surprised an adult would think it is.

In the United States all forms of electronic communication including e-mail and text messages are acceptable forms of resignation, as long as you make it clear to the other party of your intent.

At the time, I wrote the resignation letter, I was out of the country and was just informed of my family obligations. I thought the most professional thing to do here was to get the message across to the school in a timely manner so they could find a replacement as soon as possible. Writing an e-mail would not have achieved that goal since the school never checks their e-mail.

Over the course of several jobs in the States, I have given resignation letters in person and some by e-mail, all of them on good terms. The difference with the States and in Thailand is that in the States, my boss and I would communicate via e-mail on a regular basis, whereas in Thailand we communicated through text messages. My text resignation wasn't like "F you, I quit." Rather, it was a very long text message thanking them for the opportunity and informing them how much I've enjoyed working with them, and how I learned so much. I don't see how what I did was unprofessional, except for the fact that it had to be delivered in an electronic format due to the circumstances.

What seems to be unprofessional is the school's response to my resignation and their threats of withholding my salary. Maybe consider contributing to the topic by giving some advice instead of flaming me without seeing the whole picture.

[Direktkaoz]

You don't have any rights, you left your employment.

Are you saying that I don't have any rights to the salary that I busted my arse for the entire month of March?

My main goal here is to get what is owed to me without getting screwed over. I am not trying to give the school a hard time, nor am I seeking severance pay from the school.

It's hard to believe that I don't have any rights to the money that is contractually owed to me, when I've fulfilled all my duties during my tenure.

[Direktkaoz]

Also if I were to bring in a hard copy of a signed resignation, would you happen to know if it can be in just English or would it have to be translated to Thai as well?

[Scott]

A lot of schools will have a standard form when you resign. You may be asked to sign that. Your letter can be written in English. If the person understood a text, they should understand a letter.

[barry553]

Letter of resignation needs a signature - text message means nothing to Labour and Immigration. It says a lot about you that you think this is sufficient.

Work permit belongs to the school. You shouldn't have taken it from the school. They've asked you to hand it in so that they can cleanly terminate your work permit at the Labour office. You are reluctant to hand it in because you suspect they will do something bad. If they can't hand in the work permit because you refuse to hand it back to the school, there's a very big probability Labour may refuse your next application for a work permit.

You don't have any rights, you left your employment.

Work permit belongs to the school. You shouldn't have taken it from the school.

​

You don't know what you're talking about. The work permit should be in the possession of the employee.

Edited April 23, 2015 by barry553

[Loaded]

Letter of resignation needs a signature - text message means nothing to Labour and Immigration. It says a lot about you that you think this is sufficient.

Work permit belongs to the school. You shouldn't have taken it from the school. They've asked you to hand it in so that they can cleanly terminate your work permit at the Labour office. You are reluctant to hand it in because you suspect they will do something bad. If they can't hand in the work permit because you refuse to hand it back to the school, there's a very big probability Labour may refuse your next application for a work permit.

You don't have any rights, you left your employment.

Work permit belongs to the school. You shouldn't have taken it from the school.

​

You don't know what you're talking about. The work permit should be in the possession of the employee.

yeh, ok whatever.

[BobbyL]

Letter of resignation needs a signature - text message means nothing to Labour and Immigration. It says a lot about you that you think this is sufficient.

Work permit belongs to the school. You shouldn't have taken it from the school. They've asked you to hand it in so that they can cleanly terminate your work permit at the Labour office. You are reluctant to hand it in because you suspect they will do something bad. If they can't hand in the work permit because you refuse to hand it back to the school, there's a very big probability Labour may refuse your next application for a work permit.

You don't have any rights, you left your employment.

Work permit belongs to the school. You shouldn't have taken it from the school.

​

You don't know what you're talking about. The work permit should be in the possession of the employee.

Very true. The school may wish to keep it in case anybody from MoL comes to check. However, as it's a document belonging to you, you should legally keep it.

I've always kept mine in my apartment and only take it to the administration office when they request it.

[lostinisaan]

Also, should it be a problem handing in my expired work permit to school or should I not worry about it?

I have completed my obligations until the last day of my contract, however, the school is refusing to pay me my salary for the month of March unless I go to the school and sign another letter of resignation written by them and also stipulated that I hand in my work permit which has already expired.

I am a bit reluctant to sign such a document fearing that I will give up my rights in doing so, especially since the document will most likely be in Thai.

The situation is very clear. They only want to make sure that you return the work permit. There's nothing wrong with it and they do have the right to not give you your salary until you've signed the letter of resignation.

If you're afraid that there's something written in Thai ( considering that it's Thailand), why don't you take somebody with you, who can read Thai?

[aidenai]

Work permit belongs to the school. You shouldn't have taken it from the school.

For a long term member like yourself, this is the most stupid post you've ever delivered, Loaded.

[ldiablo]

Direktkaoz. It may be acceptable to resign via e-mail and text message in the US but it is just not professional. It's acceptable to take a piss on the side of the road but it doesn't make it right.

[Loaded]

Work permit belongs to the school. You shouldn't have taken it from the school.

For a long term member like yourself, this is the most stupid post you've ever delivered, Loaded.

Really.

The wp is sponsored by the school. It needs to remain in the school according to the description at the back of the wp. It's usually paid for by the school. The teacher cannot use it with another school/employer without the permission/cooperation of the school, the school can cancel it at anytime without notice without informing the teacher, but according to you, it belongs to the teacher - call that ownership if you like, but I disagree.

Edited April 24, 2015 by Loaded

[TerryLH]

"I am a bit reluctant to sign such a document fearing that I will give up my rights in doing so, especially since the document will most likely be in Thai."

OP, I'm curious about this statement. Since you said they told you that they would pay you when you came in and signed their letter, what rights do you think you might be giving up?

If you had a decent relationship with the school I don't think you'll have a problem.

They have their way of doing things, even if it's not just as we might do them. It might even give them a sense of satisfaction knowing they did their job the way they've always done it.

[Loaded]

Also if I were to bring in a hard copy of a signed resignation, would you happen to know if it can be in just English or would it have to be translated to Thai as well?

If you resign (deliver a formal signed resignation letter as this is usually specified as a requirement in employment contracts), take into account the terms and conditions of your employment contract and applicable labour law. It's standard for contracts to specify 1 month's notice. If you don't meet this contractual obligation, you may be in breach of contract. I'm not sure whether in this situation the first party are then obligated to fulfill their contractual obligations IE pay your salary. Check with the labour office.

I believe an English resignation letter is fine. If there's a dispute and this leads to arbitration or courts, they will require a Thai translation.

Maintaining a good relationship with your current and past employers is always a smart move. It's amazing how many farangs are incapable of doing this.

Edited April 24, 2015 by Loaded

[lostinisaan]

Also if I were to bring in a hard copy of a signed resignation, would you happen to know if it can be in just English or would it have to be translated to Thai as well?

If you resign (deliver a formal signed resignation letter as this is usually specified as a requirement in employment contracts), take into account the terms and conditions of your employment contract and applicable labour law. It's standard for contracts to specify 1 month's notice. If you don't meet this contractual obligation, you may be in breach of contract. I'm not sure whether in this situation the first party are then obligated to fulfill their contractual obligations IE pay your salary. Check with the labour office.

I believe an English resignation letter is fine. If there's a dispute and this leads to arbitration or courts, they will require a Thai translation.

Maintaining a good relationship with your current and past employers is always a smart move. It's amazing how many farangs are incapable of doing this.

I believe an English resignation letter is fine. If there's a dispute and this leads to arbitration or courts, they will require a Thai translation. Made my evening.Guess that should of course follow, but you gotta start somewhere...........

As an English teacher, why not only in English? Thailand is a member of the ASEAN Community, starting in December this year, was already postponed one year ( as Thailand wasn't ready yet), with a bunch of too many poor countries. Europe might be a good example, but this is SEA> Completely different rules which are ruled by corruption. And that's everywhere. .....

I really don't get that Aldeani and you could even have an argument about a thread, where most people, living and working here, already know that it is a sort of "basic knowledge."

There're people and people. Laws and laws. I have a two sentence agreement in my contract that the employee, as well as the employer, has to give a three months note, once the employment gets pretty much sour, or even pliau.

If such a content really overwrites existing Thai Labor Law, I don't know and it doesn't really matter, right now.

I'll definitely follow this agreement, I've made, because I see such a decision as a commitment, I've made and hope that the school will follow the same rules.

I haven't even signed a new contract yet, but if I do on this Sunday, I'll give them three months time to find somebody who can do my job.

I'm pretty sure that you guys had already made a "gentlemen agreement", by using a personal text message. When you go, I'm gone as well.

Life's too short to waste time for things that are not even worth to think about. Enjoy life, as it can always be "shorter than expected."---

Edited April 24, 2015 by lostinisaan

[TerryLH]

"If you resign (deliver a formal signed resignation letter as this is usually specified as a requirement in employment contracts), take into account the terms and conditions of your employment contract and applicable labour law. It's standard for contracts to specify 1 month's notice. If you don't meet this contractual obligation, you may be in breach of contract."

Which contract might he be in breach of? The one that expired last month or the one he hasn't signed?

[Loaded]

I have absolutely no idea. The topic of the op is about resigning and his employer has asked for a resignation letter.

Regard my comments as general.

[aidenai]

Work permit belongs to the school. You shouldn't have taken it from the school.

For a long term member like yourself, this is the most stupid post you've ever delivered, Loaded.

Really.

The wp is sponsored by the school. It needs to remain in the school according to the description at the back of the wp. It's usually paid for by the school. The teacher cannot use it with another school/employer without the permission/cooperation of the school, the school can cancel it at anytime without notice without informing the teacher, but according to you, it belongs to the teacher - call that ownership if you like, but I disagree.

[SlyAnimal]

So the OP's contract was expiring anyway? (I think he said end of March, but probably technically on the 30th of April, but April is unpaid).

With this in mind, a letter of resignation isn't mandatory, since your contract is simply not being renewed. In the same sense, the school wouldn't need to give you notice or similar if they were choosing to not renew your contract.

In saying that, if a letter of resignation is sent it should be via signed letter or email so that the school can print it out for their records.

Withholding your salary isn't legal in this situation and is a bit of an underhanded tactic from the school.

The WP does need to be returned, if it's not returned then the school would likely be within their rights to pass any applicable fines onto the OP (which might be the reason they're withholding his salary).

Also it's worth noting that I f the OP is on an extension based on employment (Or "B visa"), he'll then need to leave the country pretty much straight away and re-enter on a new visa (Although the school might take a while to notify immigration etc). If he's on a marriage extension ("O visa") then this won't apply.

And as an aside, the WP is the property of the Thai govt not the school or the employee, but is in the care of the employee (Kinda like your passport, it's yours, but really it's the government's). As such, it's completely normal to take it with you outside of the school (There have even recently been posts about immigration asking to see WPs when people were leaving the country, although this strikes me as weird/unusual).

[TerryLH]

"I have absolutely no idea."

Well said.

"So the OP's contract was expiring anyway? (I think he said end of March, but probably technically on the 30th of April, but April is unpaid)."

"Also it's worth noting that I f the OP is on an extension based on employment (Or "B visa"), he'll then need to leave the country pretty much straight away and re-enter on a new visa..."

I believe that the OP's contract wasn't expiring, it was already expired at the time of the post.

He also said he'd already been out of the country, and returned. No visa issue, according to OP.

[Too]

Hello!

Can I ask you one simple question now?

What visa are you staying in Thailand on now?

As you know, both your Non-B visa and your work permit will automatically

expire on the day your contract with your school expires, and then you must

get both of them revoked straight away.

First, you must go to The Labor Office to have your work permit revoked and

then to The Immigration Office to get your Non-B visa (extension) revoked, and

then pay 1,900B for a 7-day stay in Thailand unless you can leave The Kingdom

on the same day.

I would inform the school director that I wouldn't renew my contract any more,

sign a letter of resignation, return my work permit to them (I don't know if they

can get it revoked for you or you must do it in person.) and ask them if they could

pay me a salary BEFORE my contract with my school expired.

I'm sure your school needs to have some documents ready to submit both to

The Labor Office and The Immigration Office that you MUST sign to get your

Non-B visa (extension) and your work permit revoked.

[Stradavarius37]

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I am sorry, I was not clear but this isn't a visa issue. I already flew out of the country on the last day of my tenure and came back with the proper visas.

Sorry, but a test message is not an official letter of resignation. Surprised an adult would think it is.

In the United States all forms of electronic communication including e-mail and text messages are acceptable forms of resignation, as long as you make it clear to the other party of your intent.

At the time, I wrote the resignation letter, I was out of the country and was just informed of my family obligations. I thought the most professional thing to do here was to get the message across to the school in a timely manner so they could find a replacement as soon as possible. Writing an e-mail would not have achieved that goal since the school never checks their e-mail.

Over the course of several jobs in the States, I have given resignation letters in person and some by e-mail, all of them on good terms. The difference with the States and in Thailand is that in the States, my boss and I would communicate via e-mail on a regular basis, whereas in Thailand we communicated through text messages. My text resignation wasn't like "F you, I quit." Rather, it was a very long text message thanking them for the opportunity and informing them how much I've enjoyed working with them, and how I learned so much. I don't see how what I did was unprofessional, except for the fact that it had to be delivered in an electronic format due to the circumstances.

What seems to be unprofessional is the school's response to my resignation and their threats of withholding my salary. Maybe consider contributing to the topic by giving some advice instead of flaming me without seeing the whole picture.

"In the United States all forms of electronic communication including e-mail and text messages are acceptable forms of resignation"

No they are not. And...this isn't the US. Go be a man and sign the letter and stop being a little girl.

[bigt3116]

Also it's worth noting that I f the OP is on an extension based on employment (Or "B visa"), he'll then need to leave the country pretty much straight away and re-enter on a new visa (Although the school might take a while to notify immigration etc). If he's on a marriage extension ("O visa") then this won't apply.

An extension of stay based on employment is totally different to a Non-Imm B visa as is a marriage extension to a Non-Imm O.

And no, it is not being pedantic, because the differences should you lose your job or wife are huge !

[SlyAnimal]

Also it's worth noting that I f the OP is on an extension based on employment (Or "B visa"), he'll then need to leave the country pretty much straight away and re-enter on a new visa (Although the school might take a while to notify immigration etc). If he's on a marriage extension ("O visa") then this won't apply.

An extension of stay based on employment is totally different to a Non-Imm B visa as is a marriage extension to a Non-Imm O.

And no, it is not being pedantic, because the differences should you lose your job or wife are huge !

I put them in brackets, as it's the "laymans" terminology for them which everyone understands.

And yes you're being pedantic, as the advice given is still 100% correct.

The only way in which the terminology I used would have, in any way shape or form, given the OP incorrect advice, would be if the OP was on his initial 3 month B visa. As if he then took my bracketed "B Visa", to literally mean a "B Visa", then he might think he needed to leave immediately, when this only applies while on an extension of stay, and not the initial visa (But I very much doubt this is the case, since he's been working at the same school for 2 years).

[rajyindee]

Why is there any requirement for "letter of resignation"? The OP has fulfilled his contractual obligations and his contract of employment, WP and permission to stay presumably all expired on 31 March.

[SlyAnimal]

Why is there any requirement for "letter of resignation"? The OP has fulfilled his contractual obligations and his contract of employment, WP and permission to stay presumably all expired on 31 March.

Often Thai schools make their own rules, and what is logical, or legal, is inconsequential to them

With the OP having not collected his final salary yet, he's simply in a bind, despite the fact that they have no, or very little, legal basis upon which to withhold it.