A notice of resignation

[Too]

Hello,

My contract with the school expires early next year. When should I

inform them of my resignation if I don't renew the contract? Would

a 1-month notice be enough? Nothing is written on the paper about

it.

Thank you in advance.

Edited September 29, 2015 by Too

[oncearugge]

Is a notice period not specified in the contract ?

Or is the contract for a fixed term?

If a fixed term there is no need to give any notice if you intend fulfilling the contract.

Edited September 29, 2015 by oncearugge

[Soutpeel]

Unless stated in your contract 1 month is plenty, but typically your notice period is equal to your pay cycle, if you get paid monthly then a months notice is customary

Edited September 29, 2015 by Soutpeel

[oncearugge]

Unless stated in your contract 1 month is plenty, but typically your notice period is equal to your pay cycle, if you get paid monthly then a months notice is customary

Just interested.

Why should one need to resign from a fixed term contract if the contract is to be fulfilled.

What would one be resigning from ?

[Too]

It's not stated in my contract so a 1-month notice should be enough,

I'd say. I'm paid by the month.

The reason I'd think I should give them a notice of resignation is

I need a letter of resignation by the school director to submit to

the immigration office in order to cancel my Non-B before leaving

the country.

Edited September 29, 2015 by Too

[oncearugge]

It's not stated in my contract so a 1-month notice should be enough,

I'd say. I'm paid by the month.

The reason I'd think I should give them a notice of resignation is

I need a letter of resignation by the school director to submit to

the immigration office in order to cancel my Non-B before leaving

the country.

If you have a valid Non "B" visa it cannot be cancelled.

[Soutpeel]

Unless stated in your contract 1 month is plenty, but typically your notice period is equal to your pay cycle, if you get paid monthly then a months notice is customary

Just interested.

Why should one need to resign from a fixed term contract if the contract is to be fulfilled.

What would one be resigning from ?

But the OP hasnt stated its a fixed term contract, you said this...besides a you can have a " fixed term" contract of 12 months at a time which automatically rolls over if neither of the parties cancels the contract

[oncearugge]

Unless stated in your contract 1 month is plenty, but typically your notice period is equal to your pay cycle, if you get paid monthly then a months notice is customary

Just interested.

Why should one need to resign from a fixed term contract if the contract is to be fulfilled.

What would one be resigning from ?

But the OP hasnt stated its a fixed term contract, you said this...besides a you can have a " fixed term" contract of 12 months at a time which automatically rolls over if neither of the parties cancels the contract

Odd.

During my working life I have enjoyed "fixed term" contracts which are fulfilled with no need for "notice" when they come to an end.

I have also had "open ended" contracts which require notice from either the employer or the employee if the contract was to be terminated. Such conditions are , in my experience written into the contract.

[Soutpeel]

Unless stated in your contract 1 month is plenty, but typically your notice period is equal to your pay cycle, if you get paid monthly then a months notice is customary

Just interested.

Why should one need to resign from a fixed term contract if the contract is to be fulfilled.

What would one be resigning from ?

But the OP hasnt stated its a fixed term contract, you said this...besides a you can have a " fixed term" contract of 12 months at a time which automatically rolls over if neither of the parties cancels the contract

Odd.

During my working life I have enjoyed "fixed term" contracts which are fulfilled with no need for "notice" when they come to an end.

I have also had "open ended" contracts which require notice from either the employer or the employee if the contract was to be terminated. Such conditions are , in my experience written into the contract.

I have been on a "fixed term contract" in Thailand for last 14 years the fixed term being defined as 12 months at a time and i have to give 3 months notice and if neither party cancel the contract it automatically rolls over

[oncearugge]

Is the 3 months notice a written contractual obligation that applies equally to employer and employee ?

Is such an arrangement, to use different words , an open ended contract?

[Too]

I've got a 1-year fixed contract with my school. I heard that some schools will refuse to

pay you a salary if you don't give them a notice of resignation.

I'll need a letter of resignation to cancel my Non-B EXTENSION at the immigration office

before I leave the country.

Edited September 29, 2015 by Too

[Soutpeel]

Is the 3 months notice a written contractual obligation that applies equally to employer and employee ?

Is such an arrangement, to use different words , an open ended contract?

The 3 months works both ways...no one writing a contract will ever use the term "open ended" given in most cases in Thailand the WP is a 12 month duration, yes i know you also get a 2 year WP...but typically the duration of your contract is tied to the duration of your WP, simply because if your WP renewal is declined for some reason, the company could leave thrmselves open to a claim stating an "open ended" contract

In case of the OP he is being paid monthly so a month notice period is appropriate whether the contract term is "open ended" or "fixed"

[oncearugge]

I've got a 1-year fixed contract with my school. I heard that some schools will refuse to

pay me a salary if I don't give them a notice of resignation.

As I said, I'll need a letter of resignation to cancel my Non-B EXTENSION at the immigration

office before I leave the country.

There is a long topic about the importance of using correct terminology in relation to "visa" matters!

You did not state that you had an extension of stay, you clearly stated you had a visa! But no matter, I am sure a month's notice will suffice for the letter to be produced.

[oncearugge]

Is the 3 months notice a written contractual obligation that applies equally to employer and employee ?

Is such an arrangement, to use different words , an open ended contract?

The 3 months works both ways...no one writing a contract will ever use the term "open ended" given in most cases in Thailand the WP is a 12 month duration, yes i know you also get a 2 year WP...but typically the duration of your contract is tied to the duration of your WP, simply because if your WP renewal is declined for some reason, the company could leave thrmselves open to a claim stating an "open ended" contract

In case of the OP he is being paid monthly so a month notice period is appropriate whether the contract term is "open ended" or "fixed"

OK. I understand!

Thanks

Let me just say I would never accept a contract which did not have every i dotted and t crossed but it seems some do.

[Soutpeel]

Is the 3 months notice a written contractual obligation that applies equally to employer and employee ?

Is such an arrangement, to use different words , an open ended contract?

The 3 months works both ways...no one writing a contract will ever use the term "open ended" given in most cases in Thailand the WP is a 12 month duration, yes i know you also get a 2 year WP...but typically the duration of your contract is tied to the duration of your WP, simply because if your WP renewal is declined for some reason, the company could leave thrmselves open to a claim stating an "open ended" contract

In case of the OP he is being paid monthly so a month notice period is appropriate whether the contract term is "open ended" or "fixed"

OK. I understand!

Thanks

Let me just say I would never accept a contract which did not have every i dotted and t crossed but it seems some do.

Contracts even with i's dotted or T's crossed are generally not worth the paper they are written on anyway unless there are defined consquences for both parties or somebody has something to loose certainly in case of employment contracts

[oncearugge]

Is the 3 months notice a written contractual obligation that applies equally to employer and employee ?

Is such an arrangement, to use different words , an open ended contract?

The 3 months works both ways...no one writing a contract will ever use the term "open ended" given in most cases in Thailand the WP is a 12 month duration, yes i know you also get a 2 year WP...but typically the duration of your contract is tied to the duration of your WP, simply because if your WP renewal is declined for some reason, the company could leave thrmselves open to a claim stating an "open ended" contract

In case of the OP he is being paid monthly so a month notice period is appropriate whether the contract term is "open ended" or "fixed"

OK. I understand!

Thanks

Let me just say I would never accept a contract which did not have every i dotted and t crossed but it seems some do.

Contracts even with i's dotted or T's crossed are generally not worth the paper they are written on anyway unless there are defined consquences for both parties or somebody has something to loose certainly in case of employment contracts

Not in my experience but I have never worked in Thailand.

In Singapore for example employment contracts are "watertight" and there are consequences for either party if the contract is not adhered to.

[I Like Thai]

Is the 3 months notice a written contractual obligation that applies equally to employer and employee ?

Is such an arrangement, to use different words , an open ended contract?

The 3 months works both ways...no one writing a contract will ever use the term "open ended" given in most cases in Thailand the WP is a 12 month duration, yes i know you also get a 2 year WP...but typically the duration of your contract is tied to the duration of your WP, simply because if your WP renewal is declined for some reason, the company could leave thrmselves open to a claim stating an "open ended" contract

In case of the OP he is being paid monthly so a month notice period is appropriate whether the contract term is "open ended" or "fixed"

OK. I understand!

Thanks

Let me just say I would never accept a contract which did not have every i dotted and t crossed but it seems some do.

I'd be suspicious if the contract was hand written and not typed.

[Soutpeel]

Not in my experience but I have never worked in Thailand.

In Singapore for example employment contracts are "watertight" and there are consequences for either party if the contract is not adhered to.

" watertight" employment contracts the world over are not as watertight as you think they are and that includes Singapore and that works both ways

Edit. Removed excess quotes. Only 4 allowed. Please remove the excess ones instead of breaking the quote so that it will post.

Edited September 29, 2015 by ubonjoe
fixed broken quote

[Eddy B]

Give a months notice just to be nice, most people don't. Contracts here in Thailand really are not worth the paper they are wrote on. If you are planning to leave the country by air, you would not have a problem anyway, only at a land crossing you would have a problem as the WP is still in affect. It is best to keep your employers happy and give them notice as they could turn nasty and terminate your WP without you knowing and this invalidates your Non B visa. Everyday you stay in Thailand once the WP is cancelled is 500 baht

[Colabamumbai]

One month would be very polite.

[Too]

In case of the OP he is being paid monthly so a month notice period is appropriate whether the contract term is "open ended" or "fixed"

This makes sense to me.

Thank you.

[Too]

Give a months notice just to be nice, most people don't. Contracts here in Thailand really are not worth the paper they are wrote on. If you are planning to leave the country by air, you would not have a problem anyway, only at a land crossing you would have a problem as the WP is still in affect. It is best to keep your employers happy and give them notice as they could turn nasty and terminate your WP without you knowing and this invalidates your Non B visa. Everyday you stay in Thailand once the WP is cancelled is 500 baht

I might leave the country by land so I need a letter of resignation by my school

to cancel my Non-B extension before crossing a land border.

[Soutpeel]

Give a months notice just to be nice, most people don't. Contracts here in Thailand really are not worth the paper they are wrote on. If you are planning to leave the country by air, you would not have a problem anyway, only at a land crossing you would have a problem as the WP is still in affect. It is best to keep your employers happy and give them notice as they could turn nasty and terminate your WP without you knowing and this invalidates your Non B visa. Everyday you stay in Thailand once the WP is cancelled is 500 baht

An employer cancelling a WP does not invalidate a non imm B visa Edited September 30, 2015 by Soutpeel

[Udinbkk]

Can the employer actually sue the employee for not serving the notice if it is mentioned in the employment contract?? I am in this situation and looking for suggestions.

[Soutpeel]

Can the employer actually sue the employee for not serving the notice if it is mentioned in the employment contract?? I am in this situation and looking for suggestions.

They can but what are they going to get out of it ?...one suspects it will cost them more in legal fees than what they would get in a favourable judgement...if the employer is not holding any money of yours or say pension money etc..tell them to go for it, of course they will argue they will not pay you for the month owed...but that thats your call...if things are that bad and you want to walk then do it...very little they can do to you other than hollow threats

[Udinbkk]

They have mentioned they can claim up to 1 million Baht; i am trying to convince them for 40 days but they just don't seem to agree at all. So what can be the problem if i leave Thailand, come back in new visa and start work somewhere else. Your suggestions are much appreciated. BTW if they go by the contract, they have made me work under ED visa for 3 months.

[oncearugge]

They have mentioned they can claim up to 1 million Baht; i am trying to convince them for 40 days but they just don't seem to agree at all. So what can be the problem if i leave Thailand, come back in new visa and start work somewhere else. Your suggestions are much appreciated. BTW if they go by the contract, they have made me work under ED visa for 3 months.

How did "they" make you work illegally for 3 months.?

You must have agreed to this arrangement in full knowledge of the fact that an ED visa does not allow work.

[Soutpeel]

They have mentioned they can claim up to 1 million Baht; i am trying to convince them for 40 days but they just don't seem to agree at all. So what can be the problem if i leave Thailand, come back in new visa and start work somewhere else. Your suggestions are much appreciated. BTW if they go by the contract, they have made me work under ED visa for 3 months.

Tell them FO LOL....Thb 1.0 million they are taking the p#ss tell them to go for it....unenforceable...as you have already stated nothing in your contract..what is it you do BTW...to sue for 1 0 million they would need to show 1 million in losses due to you leaving....scare mongering and threats nothing more ..no legal grounds

Years ago, but not in Thailand i had mistakenly signed a contract which had a restraint of trade clause...and let the company to start a new job and fckers sued in court under the restraint of trade clause...it lasted about 30 seconds in front of the judge...and his parting words where...they were wasting his time and if they didnt want me to work for anyone for the period stated in the ROT clause they need to pay me for the duration...

Edited October 1, 2015 by Soutpeel

[Udinbkk]

Its a software company. What i meant by saying they made me work was that during the probation period mentioned in the agreement, i was in Ed-Visa. Earlier posts suggest that I can cancel work permit on my own. So will there be any problem to get new work permit. The new company is BOI but the current one is not.

[Soutpeel]

Its a software company. What i meant by saying they made me work was that during the probation period mentioned in the agreement, i was in Ed-Visa. Earlier posts suggest that I can cancel work permit on my own. So will there be any problem to get new work permit. The new company is BOI but the current one is not.

Ok so nothing mentioned in clause about 1 million in your contract ?

secondly would the company be subject to 1 million in losses with you leaving early ?

If the answer is no to both these questions tell them to go f themselves and tell them to sue you