The Thai labour law

And more importantly how it applies to teachers here

Updated: 17th February 2014

This is the first of a series of articles about the Thai labour law and the labour courts and how foreigners, especially teachers in Thailand are affected by them. As a teacher, I have been to the Thai labour court twice and in both cases had a settlement awarded to me. I have also been to the labour court in South Africa as an employer several times. I have never lost a court case.

There is a lot of misunderstanding about the Thai labour law, the labour court and teachers' rights in Thailand. In this article I will outline the aspects of the Thai labour law concerning teachers in Thailand as covered by the Labour Protection Act, B.E. 2541 (1998), as well as the Foreign Employment Act. I will cover the controversial fixed period contract, dismissal, sick and maternity leave, penalties for working without a work permit, deductions and issues that the Thai law doesn't address, as well as the penalties for working illegally.

This article is factual and I will often refer to the various Acts and Articles of the law. In subsequent articles I will address issues that are close to every teacher's heart. I will then be looking at how the labour court works and how to win a case, how to find a lawyer, how much it will cost and how much will you win; the rights of teachers, especially those paid per hour teachers working at language schools like Inlingua, ECC, Cambridge etc. I will explain their right to leave, sick pay and overtime.

The Employment Contract

There is no requirement in Thailand for a contract of employment to be in writing. However, when contract of is in writing, the employer should give the employee a copy after it has been signed.

Section 17 of the Labour Protection Act states that a contract expires when the specified period in the contract expires. Moreover, the employer does not have to give the employee any advance notice. When there is no contract period, the employer must give advance notice at or before any time of payment. In the case of teachers, it will normally be one month.

However, and this is very important, Section 17 should be read in conjunction with Section 118 which states that employment of a fixed duration exists in only in special cases. This might be a special project, temporary and/or seasonal work, or the work has to be completed within a 2 year period. Furthermore, the employer and employee have to enter into a written agreement at or prior to commencement of employment (not after employment has commenced).

I think Section 118 makes it clear that working as a teacher could be seen as ongoing employment, even when teachers have been entered into a contract with a specific period. I have challenged not renewing a fixed term contract twice in court and in both instances I received a settlement. However, in the case of instant dismissal due to gross misconduct* or when you have been through the employers disciplinary procedures of verbal and written warnings, you are not entitled to any notice or severance pay. Gross misconduct and termination of employment for not following employers' rules are grey areas and I will follow it up in an article on unfair and constructive dismissal.

Severance Pay

Severance pay varies from one to ten months, depending on how long the employee has worked. Here is a comprehensive list:

Length of service Severance payment
120 days but less than 1 year = 30 days at the last wage rate
1 year but less than 3 years = 90 days at the last wage rate
3 years but less than 6 years = 180 days at the last wage rate
6 years but less than 10 years = 240 days at the last wage rate
10 or more years = 300 days at the last wage

Leave

An employee is entitled to 6 days annual leave and 13 Thai national holidays. This will include labour day 1st of May. An employee is also entitled to thirty days sick leave a year. If sick leave is for more than two days, a medical certificate has to be produced. Days taken as sick leave due to injury at work or maternity leave are not calculated as sick leave. Maternity leave of up to 45 days may be taken.

In the case of sick leave and maternity leave, the employee is entitled to their normal pay. An interesting note here: Contrary to popular believe, if sick leave falls before or after the weekend, then it is still two days to produce a medical certificate, not one. And even more interesting, if not bizarre, the laws stipulates that, if the employee cannot produce a medical certificate, he must give an explanation.

An employee is entitled to leave to take care of personal business. However, this will be unpaid leave.

Deductions

An employer is not allowed to make any deductions from the basic salary or overtime pay except for income tax, contributions to a labour union, a welfare fund or payments of debt, as well as compensation paid to an employer due to a willful act or gross negligence of the employee, provided that the employee consents in writing.

Deductions in each case cannot be more than 10 percent of, and in total not more than a fifth of the employee's salary, unless the employee consents in writing.

Gross Misconduct

An employer may instantly terminate an employee, without notice or severance pay in the case of gross misconduct. The following is a brief outline of acts that may lead to instant dismissal:

• commits a criminal act against the employer
• intentionally causes the employer to suffer severe losses
• performs an act of gross negligence which causes the employer to suffer severe losses
• violates the lawful and just work rules or regulations
• is absent from work without a justifiable reason for 3 consecutive working days
• imprisoned by a final judgment

However, it is not all black and white and employees stand a good chance of having ruled in their favour when they challenge a dismissal on grounds of gross misconduct. I will discuss some of these issues in one of my next articles.

Other Workers Rights

• An employee who suffers injury or illness in the course of employment is entitled to be reimbursed for medical treatment, funeral expenses (if applicable), and compensation.

• Under the Workmen's Compensation Fund Act, employers are required to register all employees with the Workmen's Compensation Fund.

• The employer is not obliged to pay compensation to employees who intentionally inflict injury upon themselves or others, or (and this is very interesting) if such employee was injured as a result of his own intoxication beyond limits of self-control.

• Equal pay for men and women who perform equal work. Male and female employees should be treated equally.

• The law forbids termination on the grounds of pregnancy.

• The law forbids sexual harassment by management and inspectors against female workers and children.

The Alien Act

The Alien Act stipulates that no person is allowed to employ an alien without a work permit that indicates the place and nature of work. If the employee is violating the conditions of his work permit, the employer could face a fine up to ten thousand baht. And if the alien has no work permit the employer could face a fine of ten thousand to hundred thousand baht per alien. However, an alien working with a work permit might face a fine of up to five years in jail, or a fine ranging from two thousand to a hundred thousand baht, or both! No one has ever said that life is fair.

What the Thai law doesn't address

Compared to some western models, the Thai law does not address quite a number of issues. Here are some:

Probation Period

No probation period is stipulated, and an employee has no recourse for dismissal within the first 120 days (four months) of employment.
Part-time work versus full time work
In general, normal working hours cannot exceed 8 hours per day or 48 hours a week. The Thai law permits a six day work week. There is no stipulation on the minimum hours for full time work.

Dismissal

An employer may dismiss an employee for no reason and only has to give thirty days' notice, or notice pay in lieu thereof, as well as pay severance pay (as discussed above). An employee does not need to give any such notice.

Unfair and Constructive Dismissal

Other grey areas include unfair and constructive dismissal. An employee can claim for unfair dismissal if the employer did not follow the correct procedure for dismissal or did not dismiss the employee for just cause. An employee can claim for depending on the circumstances and time served.
Constructive dismissal is when the employer is taking steps forcing the employee to resign. This can be in the form of a change in working conditions, deductions, harassment, etc.

I will have a look at unfair and constructive dismissal, as well as the compensation the courts can award in one of my next articles.

E-mail the author of this article

Comments

Can anyone give me the link of the Thai labor law that states the teaching hours of foreigner teachers in Thailand? Thank you!

By Rochel, Thailand (8th November 2023)

Good day, Can I ask regarding the work permit? what law does say that foreign teachers are obliged to pay the working permit? I thought that working permit is shouldered by the employer. Can you enlighten me with the rights of the teachers for visa expenses? Thank you so much.

By Debbie Grace Mamac, Bangkok (4th September 2023)

Is the school allowed to deduct salary for being 1 minute late?
Is the school allowed to deduct salary if I'm in quarentine for 5 - 7 days due to covid?

By Amir, Thailand (30th June 2022)

I'd be very interested to hear whether anybody has concrete information about whether schools are allowed to require a Medical Certificate for a single day sick leave??

My current school (mid-tier international school in Samut Prakan) requires an MC for a single day. Obviously, it is not always practical, safe or even responsible to see a doctor immediately, but if we don't then we lose a day's pay.

There were a couple of days this year that I took sick leave, but didn't get an MC. On 1 of those days, it was during a period of high Covid Cases (in the area and at my school) and I genuinely didn't think it was safe/responsible to go to the hospital without knowing if I was Covid positive. Another time I had been asked to instead work from home, where I taught all my usual periods, and did all usual admin work, online.

I have just been told that the school is going to deduct the salary for these days retroactively. It's not a huge amount and not really a big deal - I'm probably not going to even bother fighting them, but would be interested to know whether it is even legal.

From all the Google searches I've done, it seems that employers can request an MC on day 3, but I'm not sure whether they can shorten that to 1 day, if it is stipulated on a signed contract.

By Bob, Samut Prakan (10th June 2022)

I want to post and ask some suggestions regarding my situations right now. I have been working in my school for six years, before signing our contract the head of the English department explained to me that the school will only give 11 months salary. However in the paper, in our contract stated their is from March 31 to March 31 meaning its a twelve months contract. I did not complain about it because they said they the one who paid my visa and work permit. However this year the school refused to renew my contract and leaf no explanation?
Now, my questions is can I bring this Issue to the labor office and claim my remaining month Salary?
Referring the month of April salary since i have been here for six years equivalent to 6 months.

By Bert, Surin (21st March 2020)

Imagine this, you've been working for 8 years with the same school. you gave them so much accolades for the students and school then on your 9th year next contract cycle, they gave you 7-month contract for no reason. No written complain whatsoever. What is your take on this?

By Ken Shin, Thailand (13th February 2020)

I complained to my school - a prominent one in BKK - about an awful email I got from a manager. Two weeks later, after ignoring all of my emails, they got a teacher to hand me a termination notice. No warnings, worked there over a year. I have two kids and a Thai wife.

So I demanded, and eventually received my 3 months severance. Then I went to the labour courts and lodged a claim for unfair dismissal. Now I have a court date set.

But the labour people don't represent you in court.

is there free legal aid in Thailand? They have clearly broken labour law. Can they get away with it if I can't afford a lawyer?

Thanks

By Ajarn, Bangkok (21st November 2018)

Hello everyone,
Could you tell plz, how long paid vocation can i get after 1 year working? (By the way I continued my contract at the same school for 1 more year) I'm a teacher.
Thanks for answers!

By Yuliana, Thailand (16th November 2018)

Are there any laws against nepotism within the schools of Thailand? When I was hired at my current school I started at the base salary, despite having many years of experience. After working a year at the school I've taken on extra work and started some programs to help improve the school. This year my manager has hired one of her friends with a higher starting salary that she helped him negotiate with the school's head mistress. Despite having more experience and more time at this school I was rejected for pay increase aside from the annual raise. My manager and her new hire's friendship has since blossomed into a relationship and it really seems like this new hire has been given a leg up (maybe two).

By Greenguy_Greg, Phuket (20th September 2018)

i was employed for the past 15 years in one of the private school in Samutprakarn but however when i decided to retire the school did not give me a single penny. is there a law that say i should get an amount for my service for the past five years?

By dodie, samutprakarn (5th June 2018)

There is always a time to vote with your feet Jon. If it that bad you have to learn to play the Thai game and be polite but well just refuse. Going to Lawyers often goes nowhere. Just throwing good money after bad. I am yet to find someone who has successfully won in a Thai court which can always be appealed and few brown paper envelopes go to the right person and you are screwed. Move on and get a better job. If there was 6 hours of signing then that is a sign time to pull the plug and move on. Often just asking - Why in Thai - "Tamai" gets results" .

By Jonny Jon, Bangkok (7th March 2018)

I have been working at a School for over a year and a half.
The last 3 months of my contract the old director retired and was placed with a new one.
I received my contract under the old director and had the rest of the term and was not going to renew the contract.
It expires on 31.03.18.
When I had signed my contract in English it states that I will be employed for 11 months and 15 days.
The Thai contract is not the same and it states that I will not be paid for 3 months of this contract. ( Both contracts are different).
This was only explained to me after I had received my teaching licence and work permit.
The last 3 months at the school under the new director was unreal.

Bear in mind that I was in the middle of end of term exams and testing the students individually on their speaking skills.

Now this is where the worm turned.....
The new director asked me to speak every morning and every lunchtime to the students.
She demanded a year and a halfs worth of previous lesson plans hand written which had already been done but she wanted them again ...hand written again 21 classes a week.....over a year and a half.
Then I was summoned to the office and presented with a year and a halfs worth of time sheets to sign.
One month equated to how many days in that month and 4 signatures required for each day....sign in, time in time out and sign out ...one sheet of paper was 120 signatures x a year and a half. about 6 hours worth of signing (crazy).
If I did not sign every sheet there and then they said I would not be paid my last month....I had already signed and received these salaries.

Now as I was busy with exams lesson plans and a bleeding ulcer which needs hospital treatment my health deteriated and as I had signed these every day (under the previous director) the new director was forcing a situation which was uneccessary.
To date I still not have received my final salary and the school refuse to talk to me.

What does anyone recommend,
regards
Bob

By bob, Lopburi (7th March 2018)

I now know how the African immigrants into America and Europe feel......

By Persecuted, London (21st January 2018)

Going to a lawyer often goes no where -- and you land up paying money unless you have a friend who can help you. If they have not paid you for 2 months that is not good. Often what works in Thailand is losing face and going into the office and saying you are not leaving until you get paid could work. It would also get you fired but hey who cares -- if they are not paying you, you land up with zero anyway. At this late stage in Jan, does not look promising. This guy who wrote this article is dealing in pipe dreams. Told him where I worked and he came there to apply for a job..!! What does that tell you... ?? Take it from me, going to lawyers rarely works. Vote with your feet. Get out and get paid before you go. Anything else is a waste of time. Farangs rarely get justice in Thailand. There you have it.

By Jonny Jon, Bangkok (11th January 2018)

I am working at a private international school in Lampang, and I am not receiving payment. The school owes me 2 months payment already with no signs of it getting any better. My contract ends in a few months and I’m nervous I will never see the money I’ve worked for. Any thoughts? I am headed back to America after my contract and will not be able to stay longer for a lengthy court process.

By Marc, Denver (10th January 2018)

As with all these things the school or agency will do what they think they can get away with. Rather than going to a lawyer which is time consuming it is better to vote with your feet. Contracts with agencies are getting worse, many do not pay for 3 months of the year, and have numerous rules to follow. You could and can go to the schools direct. Prepare you CV or resume and then go around and give them in. You will be amazed how many will employ direct and no grumpy middle man in the way telling you what to do. After being here for 8 years hope I never have the misfortune to work for another agency. Should be passed that but you never know here. I think if I had to work for an agency I would leave the country for greener pastures or teach online. Agencies were the bane of my life. Grumpy managers walking around, telling you what to do, lesson plan this and lesson plan that, while paying peanuts. On that salary I doubt they get a work permit but that they rely on is a steady group of green newbies who will work for anything (experience even), and then have got their money’s worth until the new teachers wise up to something better.

By Jonny Jon, Bangkok (9th October 2017)

Hello, I guess it should be an alien working without a work permit in your text..

How's the law regarding agencies that do not give a toss about the SS and do not even offer their employees an accident insurance?

My mate's working for an agency that doesn't allow him to have paid days to do a visa run, no money if he doesn't work and should he get sick on a Friday, or a Monday, the weekend after, or before isn't paid either.

Shouldn't agency teachers have the right to be covered by the Thai SS and what';s the legal side to it?

i understand that there are laws that clearly state that such a social security is mandatory for companies with more than 5? employees, but how can so many people not have an insurance and once they get sick, no payment will be made.

It would be great to hear that from people who were in such a situation, because I truly believe that it's time to do something.

My mate's making 31,000 baht, more than three months of year no salary. The "bonus" of 2 K per month is only paid when a whole academic year is completed.

He doesn't seem to have the energy to fight his case, because he's got family to feed, but it;s time for a change. Thanks a lot for any comments that might follow.

By Henry Fjord, Nong Kai (9th October 2017)

My director would not allow me to go on leave for the month of april , but its clearly stated in my contract that I have 1 week leave for April and 1 week leave for october, She wouldn't believe me as she is insisting that I already have 10 days vacation for December , I told her that it's different, is there anybody form the ministry of labor i can talk to, and another thing she makes me attend to something like seminar even if i don't understand because it's in thai. I have been wanting to leave this school but so afraid that they're not gonna give me the proper pay leave and benefits.

By ann Malicad, Attwit School Bangna Bangkok Thailand (24th November 2016)

It's sad to read so many readers' posts, asking for help and reliable answers. There are 2 courts which do help. For private employers, it's the entirely FREE Labour Court. Find yours in your "region". Chiang Mai's is in region 5.

Government schools can and should be sued in Administrative Courts. Pay a 2% fee based on the amount claimed. Get someone to write the complaint in Thai... Yes, it takes a while. No, you can win.

By giving up on just claims many reward such behavior, making it more difficult for all others who follow them. Be that SS contributions, lack of notice, breach of contract. Whatever.

The Labour Court has a settlement conference, pushing hard to settle there and then. And you will be provided an attorney. The only cost will be a translator (can be a friend).

Do something for the fellow chalkies suffering from injustice and fraud

By Anon, up North (3rd October 2016)

I am a teacher working in a very dishonest college, and have been working here since 4 years.. Can you please tell me what is the Labour Law for LATE COMING. I am asking this because since the past 1 year, my college is deducting salaries of all of the employees as they please! No prior intimation, and new rules for late coming everyday. Please tell me where can I find a solid sentence about late coming rules for foreigner employees in Thailand

By highsparrow2016, Bangkok (11th July 2016)

I am working as a teacher for 7 years in a private school in Thailand. I have 2 Thai teachers partner while teaching in the class. Recently, the school renewed my visa not knowing that my 1 Thai teacher partner gave me a failing grades while my other Thai-partner and my academic head in our building gave me a nice result but because of the failing score given by the other Thai teacher, they terminated me without any prior written notice. If I didn’t asked them about the result of the evaluation last June 10,2016 , they won’t tell me that I will be terminated from the school and will stay until the end of the month of June. Do I have fight for this?

By Senga Nosis, Chonburi (25th June 2016)

Oh by the way, the Tax Department has real power, and if they have withheld tax, or taken money off, they are the people to contact. I contacted them over one school and all my tax was repaid. Every Baht. I got 57000 Baht back. This is because the tax year from Jan - Dec. I worked over 2 years (April to April) and if you get less than 200 000 per year (Jan - Dec) it is tax free and you pay 5% on amounts above that. I think that is right. Those people have real teeth, and is very official. Your school is very likely to respond to that kind of thing, but do not expect any great reference or kudos. If in the order or 500 000, lawyers would be the way to go, or get to the tax department and make sure they contact the school while you are there. They are very very helpful.

By Jonny Jon, Bangkok (9th September 2015)

Last year I tried to sue our school for unfair treatment. I contacted our local labor department and asked them what they thought. I also went to visit them but given that they had not given me a work permit thought I could be on shaky ground. Still it was an admirable cause. Many schools have this fining system for being late it seems. I know one School that charges 125 Baht for being 1 minute late regardless of the cause, rain snow, act of God, the fine applies. Is it legal? Probably not? Has anyone won against the school. Not that I know of. FIFO… if you do not fit in, then F… off. Some even charge 500 Baht for being half an hour late.

I contacted Lawyers who wanted a 20000 or 30000 Baht before they would take the case on. Who know how much was on top of that. You can approach the Labor Courts and see what they can do for you, and if they cannot I suggest you drop it. The Labor courts are in Silom and you could try here at first instance. http://www.coj.go.th/en/?page=contact

Quite simply it seems to be the case (and unfortunate), get paid and walk out with no notice. Unless you have a work permit with them and they need to issue a letter to rescind it, then no worries. It also needs to be in Thai and English. I saw many many people in Nong Khai having a problem in May and they rejected at least 70% of the people there, most must have been teachers. Truth is they have got us over a barrel, and unless you are willing to go the whole way and go with legal action which could take years or a year maybe. Heard of another girl who sued for unfair dismissal and won, but took a year, but not they are taking it to appeal. Do you have the time and money to go to appeal and that is what you have to consider.

Sometimes better to cut your losses and move on. Better not to give notice unless you trust them or have heard otherwise.
In truth they should be paying redundancy for every year worked at the school, but good luck getting it.

By Jonny Jon, Bangkok (9th September 2015)

I gave my school a 2 week notice on my resignation. They said they would not pay be for the two weeks, because they now had a severance fine they were required to pay, which was 30k. Are they allowed to do this?

By William, Bangkok (9th September 2015)

Hi there. I'm very interested to know how this works because at the moment I am working at an international kindergarten and I recently started at this school. I have spoken to them before about leave I want for ocotillo as this was planned before I started working there. I agreed to unpaid leave as I'm not given paid leave yet. Then I was told weeekends are included iny inpaid leave which I don't understand when my comtract says I work 8 hours a day for 5 days a week. And they paying me for the weekends when I'm not actually working. This is all very confusing to me and then they say we an international English school but we follow the thai holidays. I'm very confused help me please!!!

By Udell, Bangkok (3rd September 2015)

Is it legal for employer to deduct employee's pay if they come late to work?
Ex: Start work at 8:00 AM, but employee enter work at 8:45 AM.
Employer have record of entry of employee through card scan.

Please advice.

By JL, Thailand (1st September 2015)

Hi writing to ask about a friend's dilemma. He served many years in this international school and now that he wants to go back home, they are refusing to pay his pension of B500,000 and also want to hold back his last 2 month's salary. He has not breached his contract in any way. Is there any department that can help. Problem is they have told him all this very late and he has to leave within a week. A lawsuit may not be worth his while.

By Lyn, Bangkok (19th June 2015)

I am about to finish my contract on April 30, 2015,,in my school here in loei,, I have been working here for 4 years already.
I made a decision not to renewed another contract and plan to move to another school. Now my question is, the School director said that if I am not going to renew another year or move to another school, he will not give my last month salary, or my salary in April...Is this right? Can I fight for this? What should I do?

By mary, loei (27th March 2015)

Hi Terrific Teacher,

I was let go from a Phuket school as well. Same deal. I am a good teacher but they moved me out with NO reason. I looked into suing and thought the best approach was to go through the labor office. It can be done.

Please contact me. Mike 087 903 7513

By Mike, Isaan (17th March 2015)

Does anyone know an appropriate lawyer in Phuket, need to follow through with an International School and 2 year contract broken. very unjust situation. Not honouring contract or severance pay.

By Terrific teacher, Phuket (16th March 2015)

It is definitely against the law but it up to you to do something about it. You could mention to them this is against the law. that often does not change much. You could also write a friendly letter stating according to your understanding this is against the law. There you have notified them. It is amazing how many schools try and do things which are illegal in this country and think they can get away with it. By notiying them you are lodging a complaint, and can rely upon it later. The Thai labour court is in Silom and if you are fired you can also go to them. Also add the days up and you can take it them later. But is up to you to do something about it.

Here is their address:
http://www.bangkokpost.com/property/19128_info_central-labour-court-building.html

By Marvin, Bangkok (4th March 2015)

My employer wants to deduct 2 days for Mondays and 2 days for Fridays because we're not allowed to be absent on Mondays and Fridays and before and after holiday which they considered Sunday as a holiday.

Is this a violation of Thai labor law?

By Agot, Bangphli (3rd March 2015)

How does the law apply if you do not have a work permit not through your own inaction but through the school? Does the law still apply. I wonder if you can advise or if I should contact you privately.

By Marvin, Bangkok (22nd December 2014)

In first week of November I moved to Bangkok for employment purpose.(Not as a teacher). After I joined my duties I came to know that the company is not that good and it will not stick to there words afterwards. So I am planning to quit my job and move back to my country. I didnt signed any contract not even an appointment letter yet, and i will not sign also as i dont want to continue. The thing is I have got my work permit , which i will submit to my employer for cancelling it. My question is whether the employer can raise any liability on me or whether I will have to face any legal consequences? once I will get my salary for duties performed i will quit my job. I need that salary as i dont have money to go back to my country. Whether my employer will ask me to give back the salary? I dont think i will have to serve any notice period as i mentioned earlier i haven't signed any contract and appointment letter also. Please give your advice asap. Many thanks in advance.

By Neel, Bangkok (24th November 2014)

After almost two years into my first teaching role in BKK, suddenly the head of the English program is being completely unreasonable. This happens to coincide with my request for a reference for jobs starting in 2015. This is a Thai government school with a good reputation.

Apparently, I have used pair and small group work, which fails and is against the school policy. My lessons are unstructured and lack discipline, though I plan all my lessons and in each lesson board up the aims for the lesson, the steps, and plenary. I have no discipline issues, other than those experienced by all teachers on the M1 program.

It seems they are now making life so deliberately uncomfortable that they are pushing me towards handing in a formal resignation. This morning I was told that if they wrote me a reference it would be very poor.

I enjoy teaching, I have studied and passed an international PGCE with distinction, and remain committed to developing and working in teaching. However, right now, I cannot trust my superiors, and feel they have a personal agenda to damage my reputation and career.

By bkk_teach, BKK (3rd November 2014)

We have just come to the end of the 1st term in Sing Buri. 2 weeks ago I was assured by email from my company that I would be kept on for the 2nd term. I was also guaranteed 2 weeks ago by the English Dept. director that I would be kept on for the 2nd term. On the 25th of Sept. I noticed a new email in my inbox which stated that I would not be kept on for the 2nd term. Is this legal? Do you know what my legal rights are? I'm having a hard time getting a clear answer from the company I have the contract with.
Thanks for your time,
Fiona

By Fiona, Sing Buri, Thailand (4th October 2014)

hello,,, i just want to ask about my problem,,, i came here last year and my employer just finish my working permit last february and because of some issues which i can't stand any longer i decided to to leave before the situation become more complicated. I past my resignation letter for the one month notice which will be effective on april 30... i have the right to resign, right? thanks very much

By herxilla, nakhonsawan province (27th March 2014)

I worked at a school in Phattalung last year and it was by far the worst experience that I ever had while in Thailand. The first six months they paid me on time with no problems. I started experiencing problems with them when the new school year started in May (2013). Instead of paying me 35,000, as was agreed to in the contract, they only paid me 32,000. The school decided to terminate my contract in October to avoid paying me my last month salary even though I had no official warning for any of the misdeeds that they claimed that I committed. I promptly went to the Labor office downtown and was essentially told that I did not have a case since i was working at a government school therefor, I was not covered by the Labor Protection Act . Additionally, the Labor office told me that they could not assist me in regards to the money that the school already owed me. The only option left for me was to find a lawyer and take my case directly to court.

Thomas hit the nail on the proverbial head so to speak. What good is the law if it is not consistently enforced?

By Jeff, Songkhla (22nd February 2014)

Some people say that it would be difficult to take actions against a school for unfair dismissal. Just go to the labour office and they should prosecute for you. It has happened in Songklha

By stephan cannon, hat yai (20th February 2014)

It is high time that something more is done to make the system more transparent and more legal. I know know mnay schools who fire teachers willy nilly, for minor infringements, and feel nothing for it, even after years after working there. Many schools seesm to be following the same example - and I have seen an increase of teachers being fired almost overnight without a thought for their rights. Some schools might be called serial offenders. Some schools I know fire 3 teachers a month and do not bat an eyelid at it. It is just normal modus operandi.

By Marvin, Bangkok (20th February 2014)

Are you still entitled to sick days if you're only on a ten month contract?

By Liam Gallagher, The Republik of Mancunia (20th February 2014)

It seems to me it has been back and forth. I was let go of my job after one year without a single write up or call into the office. I got a new job with two others who had been let go under similar circumstances.

We did a lot of research at the time. One friend hired a lawyer and won. The second was offered his job back and I contacted a lawyer but they would not take the case. The more I looked into it the more difficult it seemed to follow through on an unjust release.

By Mike, Thailand (19th February 2014)

I guess the big question is like a lot of things in Thailand there is the law and then the actual enforcement of it, if the law is not enforced then what good is it?

By Thomas, Thailand (18th February 2014)

A really interesting read! Thank you for sharing.

By Julie Bourdillon, Ban Mae Sot, Tak, Thailand (18th February 2014)

@ Mike - I believe there was a royal decree issued some years back that declared that employment law is applicable to all who work in The Kingdom of Thailand, so I would say that would include all institutions - schools (including international) or companies - period.

By @A@, Thailand (17th February 2014)

This is the same for all schools? Dont the international schools have laws that apply simply to them?

By Mike, Thailand (17th February 2014)

Thai Labour law needs to protect teachers who donot work direct with a school/language center etc, Namely these unregulated agencies out there who are out to cheat teachers,We know who they are, how they change company names and are thieves, Perhaps we can take any law serious when this is addressed and not until.

By Kirk Liar, Bangkok (17th February 2014)