entitled to pay after quitting w/o 30 day notice?

[55bulldog]

I worked with one of the largest language schools in Thailand or as they're proud to say the world (hint: load up the station wagon kids-Chevy Chase is driving). I gave it 18 heart felt months and was surrounded by corporate crap show managers that did nothing but make fun of the students as they did what middle managers do best at big corps-milk the benefits such as actually having a weekend day off whilst the teachers slave away and need to take paid leave to have a Saturday or Sunday off. When I asked for professional advice it was mocked because the place only cared about sales.

Anyways, I burnt out. It was to the point where it physically wore me down and I have the medical certificates to prove it. The last 10 or so of my 17 days there I called in sick. Three days before I quit, I forewarned my boss that the end was inevitable in an email with a new 3 day medical certificate.

I quit and told them I would not be in the next scheduled day. The next day I tried to log into the company email and I was cut off.

I worked 20 days out of the 30 day pay period and they did not direct deposit my pay into my account so I am wondering if a) obviously they don't have to pay me because I breached contract it is my last payment and not full so I have to collect it from them....(yeah, I screwed myself.......

I don't know I guess I could have taken full advantage of my 30 sick leave days but I decided to take the high road and tell them that it was over for the sake of the staff and the students.

Does anyone have experience with this?

I really don't need to be preached at by the "hang em high brigade". I am a professional teacher with experience in my own country and I really gave this corporation (not a school by any means) all that I could. In the end,I worked there to settle for less (workload wise) and I really did end up settling for less.

Any, non virtual psychopathologic real world advice would be great to hear!

Cheers

[lostinisaan]

No idea if you have a work permit and the right type of visa for doing such a job, but that's at the moment irrelevant.

You didn't mention anything about a contract. Have you ever thought of doing it the Thai way, go there in person, with a big smile in your face and try to collect the money?

You don't have to tell them that you could make great online advertisement for them, but you could mention some powerful friends in this country who wouldn't be happy, if they don't pay you. I don't think it's in their interest to hear from a lawyer........

If they refuse to pay you, please go and see the local labor department. They'll give you best advice what to do and one phone call to your ex employer might do the trick.

There's also an office in most city halls,who help employees who encounter problems with their employers, regardless of their nationality, where you could even get a free lawyer. Sorry, forgot what the place's called.Others on this forum might be more knowledgeable what's it called in Thai.

However, the employee protection act says that you're entitled to 30 sick leave days and a contract can't overwrite the existing law.

Why don't you go to your ex employer first and try to get your money? Best of luck.,

P.S. What does your contract say about the cancellation of employment?

Edited July 2, 2015 by lostinisaan

[mmh8]

honesty is not the best policy here. call in sick. which is what you wrtie in your post. does not matter where you work, thousands are pulling hte sicky, usually you noitce it at weekends mon or fri or near big holidays. you have at least 2 weeks of sick leave allowance and any hospital will write you a lteter for whaztever you say is wrong with you.

there really is a law that protects workers here in thailand, it is your happiness that is important and for a dime a dollar job - not teacher- you can take your pick of where to work. you write you worked for 18 months which is indicative of being able to get some lawful support for your case, however, if you take the legal route prepare for dirty tricks from you write corporative - corportative HR tricks, they will be on your case big time. then again they may want to just settle, either way your health and happiness is not worth getting upset so is an optimum somewhere

good luck

Edited July 2, 2015 by mmh8

[NickJ]

All I can say is that if you have a valid work permit, The labour Dept here is one of the few Govt agencies that has teeth, and works very very fast. They will need to see all your medical certificates and all the info you have. When You have all this. If I were you I would go and ask your boss for a letter explaining why you were terminated.

When he asks why tell him its for the labor dept.

They will be given a few days to pay you three months salary. If they dont they will be closed down.

[lostinisaan]

All I can say is that if you have a valid work permit, The labour Dept here is one of the few Govt agencies that has teeth, and works very very fast. They will need to see all your medical certificates and all the info you have. When You have all this. If I were you I would go and ask your boss for a letter explaining why you were terminated.

When he asks why tell him its for the labor dept.

They will be given a few days to pay you three months salary. If they dont they will be closed down.

I quit and told them I would not be in the next scheduled day. The next day I tried to log into the company email and I was cut off. ( part of OP's post..)

Is it possible that you- of course by accident- replied to another thread on this forum?

All of your "given advice" seems to be wrong, how can you give advice if you didn't even understand the OP's problem(s)?

You sound like you went through a similar situation quite a few times, are you really sure that they " will need to see" all his medical certs?

All your nonsense that they'll be given a few days to pay a three months salary, if not they'll be closed down? By whom?

. But he's got the right to receive the money he worked for AND the days where he'd been sick.

Regarding your last sentence, if the language school has some influential friends, the OP could get arrested, deported, thrown in prison, or just disappear under the surface of a rice field. Regardless of having a valid visa and/or work permit.

Who'd have the political power to shut down one, or even the biggest language school in this country? Money is power, not just in Thailand.

I'm certain that "some friendly words" with them will solve the problem and even if the don't pay for the days the OP had been sick, it's okay for all involved.

Edited July 2, 2015 by lostinisaan

[55bulldog]

Thanks for the feedback. Everything was legit. I have a work permit and the company does everything by the book. I am thinking/hoping the reason I didn't get my last check direct deposited is for this reason. As stated before I called my boss the night before my next scheduled shift which technically I could have called in sick for (med cert backed) and told them I was no longer going to work there to which he replied, "Ok, we'll have to get you in touch with HR to sign you off". That was it. The next day I couldn't log into the company mail server to get HR emails and follow up on proper procedure.

My question still is.......do they have to pay me for the 20 days I worked? I have looked at the contract and I am no lawyer but I couldn't find anything that says if you quit without notice you don't get paid. Under the severance and termination clauses nothing stands out.

Again, this company is quite big and strives to keep its nose clean with the government and labor departments. So much so that they worked to come to an agreement with a teacher who was having sex with multiple students. He worked there 9 months and they paid him out the last 3 months of his contract with the contract completion bonus! Just to go away because even though the contract stipulates that teachers are not to be intimate with students it can't be enforced on consenting adults.

So I just got back from going to HR. I dressed nicely, smiled, was very respectful, and told them that I had not received my last paycheck. They asked me to have a seat and wait brought me some water and then returned a few minutes later. She began asking me banking questions about my account..........Hopefully, something went wrong or I am thinking my manager did this to spite me because he had to cover my classes and missed out on candy crush and face book as a result of my calling in or they are BSing me.........we exchanged phone numbers and she told me she tried to call someone in payroll.........to be continued. But thanks for your replies and sharing your insights.

As to the writer who said honesty is not the best policy for calling in sick. I completely agree! My first 12 month contract there I went 10.5 months without calling in sick then I had to legitimately call in because of a little dysentery bout. When I called in to take the 2nd day off because I was completely drained after spending one day on the toilet my manager asked if I could just come in and drink some coffee or red bull to get through the day! Why? once again he'd have to cover my classes and not play line or face book.

[mmh8]

they will not love you any more or less for taking off that sick time. just got to stay the same as the average since corporate will be looking at whole company to see if you are in line. I used to take off a few sickies regulalry as compensation for lack of pay rise when part of company werent doing as well as other part.

my feeling of corporate is they don't love you, they just want you to do the hours and more. they won't notice you if you left for good, so they won't notice you if you leave for 1 week sickies etc.

a small company with little in way of politics is different matter

[55bulldog]

Yep, use your sick days. Back home we called them "mental health" days. Everything is being resolved. Misunderstanding on my part about the pay period. I thought it ran 15th to the 15th of each month with the pay being given at the end of the month not so. 1-30 with payment at midnight........still owe me those sick days but I've got the med cert. Curious as to what the definition of a "1st class physician" is. The contract states that the medical certificate must be from a first class physician........I wonder if that rules out a chiropractor or if "First class" means it must be a hospital or practitioner in an official clinic........what makes a clinic "official".........?

[lostinisaan]

Yep, use your sick days. Back home we called them "mental health" days. Everything is being resolved. Misunderstanding on my part about the pay period. I thought it ran 15th to the 15th of each month with the pay being given at the end of the month not so. 1-30 with payment at midnight........still owe me those sick days but I've got the med cert. Curious as to what the definition of a "1st class physician" is. The contract states that the medical certificate must be from a first class physician........I wonder if that rules out a chiropractor or if "First class" means it must be a hospital or practitioner in an official clinic........what makes a clinic "official".........?

You might take some time and read through the net...

Labor Act Thailand.pdf

[bigt3116]

One of your previous posts OP

"So I have a work permit until February. My next 90 day check in is late July. Really want to leave current giant circus profit before people all about advertising language school for one of Thailand's better universities.

I have an interview demo in late June so if I get a new job the present job's 90 day check in would be in 3-4 weeks.

My questions are: If I get hired I would like to leave my present job ASAP so that I can begin preparing for the new job as it would be too stressful to properly give them 30 days notice...... by the time I finish the present job I would be immediately starting the new job.

Do the two employers need to cooperate for my new non B and WP? Can I leave the present job with little notice, cancel the current WP, and run for the border?

It's a bit of a catch 22. I can't afford to be too presumptuous and quit my job now...... if there is anyone who has been in a similar situation and could give advise that'd be great! "

Hope that demo lesson wasn't on one of your "sick" days. :-)

It looks like you had planned since at least 1 June (date of the above post) to leave your job, and yet here you are complaining, it would seem to me that you are the problem, not your employer.

:-)

[Rhys]

Hi Partner,

What ever the situation is in your school, I hope they do the right time.. but remember where you are, and what many will try to do to you..

Best of luck.. Hope you are not counting on this..

[bigt3116]

Where is the OP, now that he has been caught out ? Another loser, who does not deserve a job....................anywhere.

[lostinisaan]

Reading the last posts gives me a strange feeling that I wanna through up. OP, you do not deserve any advice.

Shame on you, that's all I wanna say. Hope your Karma will get you, better yesterday than tomorrow.

You behave like a bloodsucking mosquito.

P.S. I feel sorry for the "new school" and the guys working there.

Edited July 6, 2015 by lostinisaan

[55bulldog]

Conjecture aside (judging by your spelling and grammar skills, which reflect your intellect or lack thereof, Bigt3116 and lostinIsaan you may need to google what conjecture is) a job can wear you down mentally to the point where you are sick. Shame on your brainwashed ideals. You're brainwashed yankees that have no idea what workers rights are. If you side with a big corporation that was once owned by the Carlyle group (you may need to google that one too f wits) over an everyday hardworking employee then you haven't a clue.

Bigt3116 change your handle to CSIthaivisa. That was amazing how you used your superior intellegence to go back and look at an older post (what kind of person does this and what kind life do you have?). I also liked how you assumed I used a sick day for my demo. I didn't it's called having foresight and planning months ahead for a school year before it starts. Maybe one day you'll have a masters degree that will give you options so that you can do real things in life. Not really sure that I was "caught out" I think you meant "called out".

As for LostinIsaan, get rid of the inIsaan, you're just lost. Sad, how you're just a sheeple that followed another poster's conjecture riddled rhetoric. Easily brainwashed. Karma has come my way in the form of two separate interviews with quality institutions and now I must decide which to choose from. My hard work in the past has rewarded me in the present and as already mentioned I received pay for those sick days in which I was entitled to. I am sure the word "entitled" means something else as you've been brainwashed by propaganda to what that means. I guess I am a bloodsucking mosqui for obtaining something deemed inalienable.

[Phatcharanan]

Actually, considering your previous posts, Bigt3116 and LostinIssan have made some valid comments.

There again, so have you......... 'I guess I am a bloodsucking mosquito....'

[lostinisaan]

Conjecture aside (judging by your spelling and grammar skills, which reflect your intellect or lack thereof, Bigt3116 and lostinIsaan you may need to google what conjecture is) a job can wear you down mentally to the point where you are sick. Shame on your brainwashed ideals. You're brainwashed yankees that have no idea what workers rights are. If you side with a big corporation that was once owned by the Carlyle group (you may need to google that one too f wits) over an everyday hardworking employee then you haven't a clue.

Bigt3116 change your handle to CSIthaivisa. That was amazing how you used your superior intellegence to go back and look at an older post (what kind of person does this and what kind life do you have?). I also liked how you assumed I used a sick day for my demo. I didn't it's called having foresight and planning months ahead for a school year before it starts. Maybe one day you'll have a masters degree that will give you options so that you can do real things in life. Not really sure that I was "caught out" I think you meant "called out".

As for LostinIsaan, get rid of the inIsaan, you're just lost. Sad, how you're just a sheeple that followed another poster's conjecture riddled rhetoric. Easily brainwashed. Karma has come my way in the form of two separate interviews with quality institutions and now I must decide which to choose from. My hard work in the past has rewarded me in the present and as already mentioned I received pay for those sick days in which I was entitled to. I am sure the word "entitled" means something else as you've been brainwashed by propaganda to what that means. I guess I am a bloodsucking mosqui for obtaining something deemed inalienable.

:-)