Winning severance in the labour court

Winning severance in the labour court

I have lived in Thailand for 14 years and worked in international schools for 13 years. I love my life in Thailand and was awarded Thai citizenship in 2017. I was over the moon with this and it was one of my proudest achievements. Unfortunately this marked the beginning of a long labour dispute with my former employer.

The Private School Act states that foreign teachers can be employed on fixed term contracts but Thai teachers must be employed on non fixed term contracts. The act also removed the entitlement of foreign teachers to severance at the end of their fixed term contract.

At the time I had worked for the same international school for 9 years and 4 months. The headmaster decided to offer me a fixed term contract in December for the next academic year. I pointed out that this was not in line with the Private School Act in the case of Thai nationals. He then offered me a non fixed term contract but removed my bonus, flight allowance and end of contract relocation allowance. I pointed out that this broke labour law but the school simply ignored this point.

To cut a very long story short the case went to the labour court in Chonburi. The school offered 4 months pay as severance as they argued I had only been a Thai citizen for 12 months. I asked for 10 months pay as severance for my 10 years of service. I also submitted the Judgement of the Supreme Court,

This case involved 7 plaintiffs taking an international school to court for non payment of severance in which the Supreme Court ruled in favour of the 7 plaintiffs. As a result the judge sided with me and agreed I was due full severance for my 10 years of employment plus interest.

I hope my story and the case number I have provided helps other teachers who find themselves in a difficult situation as regards their employment contracts. If a contract isn't renewed then severance is due. In addition, an employer can't offer a contract with worse terms than the previous contract and again severance will be awarded by the court.

Martin


Read more letters

Send your letter to Ajarn.com



Featured Jobs

Mathematics Teachers

฿42,000+ / month

Thailand


NES Marketing Teacher

฿55,000+ / month

Bangkok


Primary School English Teacher

฿50,000+ / month

Bangkok


Teaching Assistants

฿30,000+ / month

Chon Buri


NES Teachers

฿47,000+ / month

Nonthaburi


Professeur de Français Natif (Programme de l'IB)

฿750+ / hour

Online


Featured Teachers

  • Aarti


    South African, 23 years old. Currently living in South Africa

  • Jaya


    Indian, 36 years old. Currently living in India

  • Lorabell


    Filipino, 44 years old. Currently living in Qatar

  • Miracle


    Nigerian, 24 years old. Currently living in Gambia

  • Joan


    Filipino, 27 years old. Currently living in Philippines

  • Earnest


    Filipino, 24 years old. Currently living in Thailand

The Hot Spot


The Region Guides

The Region Guides

Fancy working in Thailand but not in Bangkok? Our region guides are written by teachers who actually live and work in the provinces.


The cost of living

The cost of living

How much money does a teacher need to earn in order to survive in Thailand? We analyze the facts.


Need Thailand insurance?

Need Thailand insurance?

Have a question about health or travel insurance in Thailand? Ricky Batten from Pacific Prime is Ajarn's resident expert.


Will I find work in Thailand?

Will I find work in Thailand?

It's one of the most common questions we get e-mailed to us. So find out exactly where you stand.


Teacher mistakes

Teacher mistakes

What are the most common mistakes that teachers make when they are about to embark on a teaching career in Thailand? We've got them all covered.


Contributions welcome

Contributions welcome

If you like visiting ajarn.com and reading the content, why not get involved yourself and keep us up to date?


Air your views

Air your views

Got something to say on the topic of teaching, working or living in Thailand? The Ajarn Postbox is the place. Send us your letters!


The dreaded demo

The dreaded demo

Many schools ask for demo lessons before they hire. What should you the teacher be aware of?