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

Fun Native English Teachers for June Start

฿42,000+ / month

Thailand


English Teachers for June Start

฿35,000+ / month

Suphan Buri


English Teachers for June Start

฿35,000+ / month

Thailand


Kindergarten and Primary Homeroom Teachers

฿37,000+ / month

Lampang


Summer School Teachers

฿45,000+ / month

Chiang Mai


Full-time NES Teachers

฿47,500+ / month

Bangkok


Featured Teachers

  • Elvie


    Filipino, 26 years old. Currently living in Philippines

  • Diwata


    Filipino, 40 years old. Currently living in Philippines

  • Chrisanta


    Filipino, 23 years old. Currently living in Philippines

  • Layla


    South African, 30 years old. Currently living in South Africa

  • James


    Australian, 61 years old. Currently living in Australia

  • Conie


    Filipino, 25 years old. Currently living in Philippines

The Hot Spot


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.


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?


Renting an apartment?

Renting an apartment?

Before you go pounding the streets, check out our guide and know what to look out for.


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.


Can you hear me OK?

Can you hear me OK?

In today's modern world, the on-line interview is becoming more and more popular. How do you prepare for it?


The dreaded demo

The dreaded demo

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