Teacher severance pay

4th May 2010

Private School Act
B.E. 2550 (2007)

BHUMIBOL ADULYADEJ,REX.
Given on the 30th December B.E. 2550 (2007);
Being the 62nd year of the present Reign

“Formal School” means a School providing education with definite objectives, educational methods, curricula, period of study, measurement and evaluation which are conditions for finishing education.

Section 86. Business of a Formal School is not subject to labor protection law, labor relations law, social security law and compensation law. However, the persons performing duties for the Formal Schools shall receive remuneration of not less than those prescribed in the labor protection law.

Working protection, the adoption of Working Protection Committee and the minimum remuneration of the persons performing works for the Formal Schools shall be in accordance with the rules prescribed by the Commission.

***Labour Law Reference:

An employer is not required to pay severance pay to an employee whose employment has been terminated for any of the following reasons:
1.Resignation

2.Dishonest performance of his duties or the intentional commission of a criminal act against the employer;

3.Intentionally causing loss to the employer;

4.Performance of gross negligence which result in severe loss to the employer;

5.Violation of the employer's work rules or regulations or order which are both lawful and equitable when the employer has already issued the employee with a prior written warning, except in a serious instance when the employer is not required to give a warning.
The written warning shall be effective for a period of one year as from the date of the commission of the violation by the employee;

6.Neglect of his duties for a period of three consecutive work days without reasonable cause, whether or not a holiday intervenes;

7.Imprisonment by reason of a final judgment.

8.An employment contract shall be terminated when the specified period in the employment contract expires, the works related are as follows:

8.1 Employment on a special project, which is not in the normal way of business or trade of the employer, where there is a fixed schedule for commencement and completion of work.

8.2 Work of a temporary nature with a fixed schedule for its commencement or completion.

8.3 Seasonal work in respect of which employees are only engaged during that season; provided that the work most be completed within a period of two years and the employer and employee have entered into a written agreement at or prior to the commencement of employment.