Contract issue

[stefan2519]

Hi,

I've been working at the same school for the past 6 years.
I was told this Nov (when my yearly contract is renewed) that I would only be getting a 6 month contract.

The 6 month contract runs from November till May.

in the contract is a clause that states any teachers not returning in May (renewing contract in May) will not be paid for April.

I also have the maximum business leave still in my contract (22 days) as I have not used them.

What is my legal standing on this, please?

I just want all the information available before I ask the head of department.

Thank you, in advance for any help.

[thesetat2013]

You legal standing is that you had best use those 22 days business leave to go look for a new job. Perhaps they only gave you this 6 month contract because they couldn't find a suitable replacement for you fast enough.

[aarontendo]

Yeah, get to using them sick days. That's a lot of time I'm jelly I wish I had that many, I'd be dominating at Star Wars Battlefront for sure then, soldier.

[thequietman]

They are only bringing your contract in line with the other teachers. All contracts begin at the start of the school year not in November like yours. I shouldn't worry, you will get a renewal from May. Like the others have said, get using your sick days.

[aarontendo]

Well to be fair yes of they're getting dates lined up that's not so bad. However, if there's an end of contract bonus one has to ask how that is handled in this case.

[lostinisaan]

First thought: “Run, buddy, run.” Second thought: “Use all your sick leave days, business days and see your embassy as often as possible…..

It seems that your days are counted and you won’t be employed at this school next academic year.

The problem is that when you sign it, you’re okay with not getting paid for April, nor for May because you’re not working there anymore. ( Sorry, I'm just assuming)

But there's the Thai labor law. And a lot of more but's.......

It seems that they have found a cheaper replacement or something bad about you was part of the weekly/daily gossip. I’d immediately start to look for a new job, but would never tell anybody about it. Think about all “your friends” first, please. Your best “mate” might get the position, soon?

Your “legal status” is a very difficult one and would be worth to ask in the “ask the lawyer forum.”

The biggest problem might be that the HoD can tell you anything that will happen next year, but spoken words mean nothing in this country.

And she/he might not even know what's really going on.

I really feel very sorry for you for being in such a situation. Please stay calm whatever will happen. Did you pay in the Thai social security for the whole time? Best of luck for you.

[Mencken]

Well, the love may be gone. Question, are you the only one on six month contract? If so, run. Burn the six days and run.

But I agree w/ all, contracts in May.

The not paid for April thing. Yeah, maybe they will push all wages down and this is just another stick in your eye. Something seems to be in the works. Insidious passive aggressive threat.

This just does so not need to be in a contract.

You're in a bind. You had never stated if you have a degree and I presume you've burned a few waivers. NES?

They can hire one of the newly trained BC teachers rotflmfao.

Me, sheeeeit I'll be asking for 20% more. If they value what I bring, great. If not, plenty of walking dead. I'm past caring. Caring costs. Edutainers have at it.

PS I'd love to see the clause about not paying for April. Separate agreements, how is this even legal?

You should sign regardless then work until you get June's pay and then quit.

If you are a commodity, I think plenty of desperate schools come June. Pay goes up.

Edited November 26, 2015 by Mencken

[stefan2519]

Hey all,

Thanks for the replies.

I'm mainly after whether or not it is legal to pay someone only 4 months of a 6 month contract?

Already lined up a new position so I'm all good there.

I was going to go to the head and ask if they would give me 22k rather than me taking 22 consecutive days off. I'm well over 1k a day but just thought that would be a fair trade.

They gave me plenty of notice so I am not really upset about the situation or hold a grudge at all. Simply put, it is a business and they can employ someone for 20k less a month.

The clause was a surprise to me too, my first few contracts never had this in it I didn't notice it creep in.

Is it a usual clause?

Seems a bit unfair for new teachers to be offered a 12 month contract and then at the final month told that they will only get 11 months pay if not renewing.

[cgphuket]

Have you considered actually asking your boss what the new contract is about?

[stefan2519]

I will not be working here in May, that's what it is about, sadly.

[stefan2519]

Well, the love may be gone. Question, are you the only one on six month contract? If so, run. Burn the six days and run.

But I agree w/ all, contracts in May.

The not paid for April thing. Yeah, maybe they will push all wages down and this is just another stick in your eye. Something seems to be in the works. Insidious passive aggressive threat.

This just does so not need to be in a contract.

You're in a bind. You had never stated if you have a degree and I presume you've burned a few waivers. NES?

They can hire one of the newly trained BC teachers rotflmfao.

Me, sheeeeit I'll be asking for 20% more. If they value what I bring, great. If not, plenty of walking dead. I'm past caring. Caring costs. Edutainers have at it.

PS I'd love to see the clause about not paying for April. Separate agreements, how is this even legal?

You should sign regardless then work until you get June's pay and then quit.

If you are a commodity, I think plenty of desperate schools come June. Pay goes up.

Does anyone know if this is legal?

The clause states:

Employees not wishing to renew their contract at the completion of the school year, the existing contract will terminate at the end of March and no salary payment will be made for April.

[aarontendo]

Well, the love may be gone. Question, are you the only one on six month contract? If so, run. Burn the six days and run.

But I agree w/ all, contracts in May.

The not paid for April thing. Yeah, maybe they will push all wages down and this is just another stick in your eye. Something seems to be in the works. Insidious passive aggressive threat.

This just does so not need to be in a contract.

You're in a bind. You had never stated if you have a degree and I presume you've burned a few waivers. NES?

They can hire one of the newly trained BC teachers rotflmfao.

Me, sheeeeit I'll be asking for 20% more. If they value what I bring, great. If not, plenty of walking dead. I'm past caring. Caring costs. Edutainers have at it.

PS I'd love to see the clause about not paying for April. Separate agreements, how is this even legal?

You should sign regardless then work until you get June's pay and then quit.

If you are a commodity, I think plenty of desperate schools come June. Pay goes up.

Does anyone know if this is legal?

The clause states:

Employees not wishing to renew their contract at the completion of the school year, the existing contract will terminate at the end of March and no salary payment will be made for April.

I've seen contracts like that, but the language was somewhat in the opposite direction. The contract stated that it would go through March, albeit if teachers signed on for the next year they would get April paid.

[stefan2519]

First thought: “Run, buddy, run.” Second thought: “Use all your sick leave days, business days and see your embassy as often as possible…..

It seems that your days are counted and you won’t be employed at this school next academic year.

The problem is that when you sign it, you’re okay with not getting paid for April, nor for May because you’re not working there anymore. ( Sorry, I'm just assuming)

But there's the Thai labor law. And a lot of more but's.......

It seems that they have found a cheaper replacement or something bad about you was part of the weekly/daily gossip. I’d immediately start to look for a new job, but would never tell anybody about it. Think about all “your friends” first, please. Your best “mate” might get the position, soon?

Your “legal status” is a very difficult one and would be worth to ask in the “ask the lawyer forum.”

The biggest problem might be that the HoD can tell you anything that will happen next year, but spoken words mean nothing in this country.

And she/he might not even know what's really going on.

I really feel very sorry for you for being in such a situation. Please stay calm whatever will happen. Did you pay in the Thai social security for the whole time? Best of luck for you.

I've been paying the tax yearly.

​Social security, I'm not too sure.

If it is rolled in with the tax then, yes.

[lostinisaan]

First thought: “Run, buddy, run.” Second thought: “Use all your sick leave days, business days and see your embassy as often as possible…..

It seems that your days are counted and you won’t be employed at this school next academic year.

The problem is that when you sign it, you’re okay with not getting paid for April, nor for May because you’re not working there anymore. ( Sorry, I'm just assuming)

But there's the Thai labor law. And a lot of more but's.......

It seems that they have found a cheaper replacement or something bad about you was part of the weekly/daily gossip. I’d immediately start to look for a new job, but would never tell anybody about it. Think about all “your friends” first, please. Your best “mate” might get the position, soon?

Your “legal status” is a very difficult one and would be worth to ask in the “ask the lawyer forum.”

The biggest problem might be that the HoD can tell you anything that will happen next year, but spoken words mean nothing in this country.

And she/he might not even know what's really going on.

I really feel very sorry for you for being in such a situation. Please stay calm whatever will happen. Did you pay in the Thai social security for the whole time? Best of luck for you.

I've been paying the tax yearly.

​Social security, I'm not too sure.

If it is rolled in with the tax then, yes.

Foreigners usually pay 750 baht per month, the employer as well. Nothing to do with the annual tax.

[lostinisaan]

Well, the love may be gone. Question, are you the only one on six month contract? If so, run. Burn the six days and run.

But I agree w/ all, contracts in May.

The not paid for April thing. Yeah, maybe they will push all wages down and this is just another stick in your eye. Something seems to be in the works. Insidious passive aggressive threat.

This just does so not need to be in a contract.

You're in a bind. You had never stated if you have a degree and I presume you've burned a few waivers. NES?

They can hire one of the newly trained BC teachers rotflmfao.

Me, sheeeeit I'll be asking for 20% more. If they value what I bring, great. If not, plenty of walking dead. I'm past caring. Caring costs. Edutainers have at it.

PS I'd love to see the clause about not paying for April. Separate agreements, how is this even legal?

You should sign regardless then work until you get June's pay and then quit.

If you are a commodity, I think plenty of desperate schools come June. Pay goes up.

Does anyone know if this is legal?

The clause states:

Employees not wishing to renew their contract at the completion of the school year, the existing contract will terminate at the end of March and no salary payment will be made for April.

But you'd like to renew your contact, right? I would not sign such a piece of paper.

[puchooay]

First thought: “Run, buddy, run.” Second thought: “Use all your sick leave days, business days and see your embassy as often as possible…..

It seems that your days are counted and you won’t be employed at this school next academic year.

The problem is that when you sign it, you’re okay with not getting paid for April, nor for May because you’re not working there anymore. ( Sorry, I'm just assuming)

But there's the Thai labor law. And a lot of more but's.......

It seems that they have found a cheaper replacement or something bad about you was part of the weekly/daily gossip. I’d immediately start to look for a new job, but would never tell anybody about it. Think about all “your friends” first, please. Your best “mate” might get the position, soon?

Your “legal status” is a very difficult one and would be worth to ask in the “ask the lawyer forum.”

The biggest problem might be that the HoD can tell you anything that will happen next year, but spoken words mean nothing in this country.

And she/he might not even know what's really going on.

I really feel very sorry for you for being in such a situation. Please stay calm whatever will happen. Did you pay in the Thai social security for the whole time? Best of luck for you.

I've been paying the tax yearly.

​Social security, I'm not too sure.

If it is rolled in with the tax then, yes.

Foreigners usually pay 750 baht per month, the employer as well. Nothing to do with the annual tax.

Not just foreigners. Everyone pays the same. It is 5% of your salary. The cap is at 750.