(early) contract termination at Thai university

[bangkokdragon]

Hello Thaivisa community members

Would you please help me with the following work contract-related issue.

Situation:

In mid-June of this year I joined a fairly well-known Thai government university. (Not one of the top bunch.) As the new teacher they gave me a short contract that lasts from 16 June 2016 to 30 Sept. 2016, i.e. it is only three and a half months long. This is strange because the contract ends in the middle of the teaching semester, but it is done so because the university’s fiscal year ends on that date. As far as I know all farang teachers will be offered a new one-year contract in late August. That contract would last from 1 Oct. 2016 to 30 Sept. 2017.

This place of work has turned out to be very difficult for me to handle. It was a big mistake to join them. For example, they still have not managed to get the work permit for me and they have yet to pay me a salary. Their HRM and Finance offices are horribly inefficient, and the faculty I have joined is also not what I had expected and promised. They do pretty much everything ad hoc, so thorough planning and preparing is not possible (I have a PhD, have been in Thailand for a decade, and taught at several government and private universities with reliable people, so I know what to expect, when to be patient with admin and faculty culture and communication styles, and when it’s too much to take.)

I want to quit asap and a former employer of mine is ready to take me back too.

But I’m not quite clear when and how to quit the current employer.

In the contract, under “Termination and Agreement” it says:

“This agreement is terminated on:

(1) completion of term of employment;

(2) … death…

(3) rescission of the agreement by either party serving a notice to the other party at least three months in advance;

(4) … health…

(5) … serious misbehavior…"

I see three possibilities:

a) Classes start in mid August. Thus, I tell my current employer today that for “personal reasons” I have to quit immediately (like, I have to return to my country, or I am forced to find a better paid job immediately).

b ) I do not sign a new contract and quit on 30 Sept., i.e. in the middle of the semester, and let them find a replacement for my courses.

c) I sign a new one-year contract and hand in my resignation effective as of 31 Dec. 2016 so that I can finish teaching my courses.

d) I tell them I can only stay until Christmas and therefore can only sign a three-month contract (1 Oct. 2016 to 31. Dec. 2016), also with the commitment to finish teaching the semester.

Question: Which path to take?

a) I have been told that depending on how upset the people in the faculty are about someone’s sudden departure, they could tell their friends at other government universities not to hire me in the future, should I seek a job there. So I feel quite uncomfortable about solution a) (although I’m itching to just get out).

b ) If I understand termination clause (1) correctly the university cannot force me to sign a new contract, so if I hand in my resignation sometimes in late August, than that’s it and I’m out on 30 Sept. I like this solution because it would give my next employer plenty of time for the hiring process - or am I missing something?

c) and d) I may be willing to stick it out until the end of the semester for the students’ sake and not to get a dent in my CV, but am not sure about option c), where I would sign a one-year contract and basically hand in my resignation as of 31 Dec. right with it. And I’m not sure the uni would give me a 3-month contract.

I’d appreciate any thoughts on this dilemma. I’m sure other teachers have experienced similar situations. Thanks in advance to anyone for posting their response.

[stubuzz]

If you haven't been paid, why are you still there?

[bangkokdragon]

@ stubuzz: Thanks for your question: From mid June to now I didn't have to teach a class (although when I was hired I was told I'd have to teach a short prep course in July). So I have had time to prepare my courses. But classes start this weekend. I was told by the veteran farang instructors at this univ. that they get their paycheck on time and that I should just be a little patient and let admin/finance dep. figure it out. I was told the same by the department chair. Other reason: I'm an academic, go to conferences, publish, so at many universities in T. they know my name. In my field the job market in T. is limited. So I have to be careful.

[MissAndry]

"They didn't pay me so I stopped going to work"

An acceptable explanation the world over. No need to be careful if they haven't paid your wages.

I wouldn't have lasted past the first missed pay cheque.

[ubonjoe]

You seem to be leaning towards b which seems to be a good option.

If they don't get you a work permit soon that is another reason to give your notice.

[stubuzz]

Choice b, and if they want to spread rumors sue them for defamation of character.

[blackcab]

b

[Colabamumbai]

I used "a" to leave a school before end of contract, "My daughter was very sick in Canada and I had to return immediately."

Then found employment at another school. My situation was similar to yours. Like most contracts here they are not enforceable.