Jump to content
BANGKOK
Big Guns

Winning Severance in the Labour Court

Recommended Posts

On 5/8/2019 at 11:28 AM, Big Guns said:

I hope this helps anyone who finds themselves in the same unfortunate position I was in.

Why don't you put it as file here, or add a link.

  • Like 1

Share this post


Link to post
Share on other sites

I have attached a translation of the judgement of the Supreme court against an International School in Pattaya. The judge awarded severance to be paid for all seven plaintiffs. The translation is Google translate so it isn't perfect. I'll add the original Thai version at a later date.

My case was slightly different as I had been a naturalised Thai citizen for 12 months and the school didn't want to pay full severance for my 10 years of employment at the school. On seeing the Supreme Court Judgement the labour court judge immediately sided with me and agreed that severance for the full 10 years was due in my case.

It is clear now that severance is due if a foreign teacher's fixed term contract ends and it is not renewed. I would also state for older foreign teachers reaching retirement age as stipulated in the work rules of your school you can use this case to gain severance on retirement.

I would advise all foreign teachers who have  a fixed term contract not to resign or sign a waiver stating they will not take the school to court. I have known a couple of former colleagues do this which prevents them making a claim. If you go to court and agree on a settlement before the court reaches a judgment make sure you insert a clause in the agreement that you want an excellent reference and the school won't try and prevent you from getting a job. I'm glad I did this as I had to take my former employer to court again for a reference that the judge said amounted to slander.

I hope this is of help to teachers.

Judgment of the Supreme Court 18406_Full Version.docx

  • Like 1
  • Thanks 1

Share this post


Link to post
Share on other sites

Thank you for posting that.   It has the potential to have a huge impact on a lot of teachers.   Please post the Thai version when possible.   I think some Thai administrators need to be aware of this.  

 

Share this post


Link to post
Share on other sites
1 hour ago, Scott said:

Thank you for posting that.   It has the potential to have a huge impact on a lot of teachers.   Please post the Thai version when possible.   I think some Thai administrators need to be aware of this.  

 

Are government schools exempt from paying severance on numerous fixed term contracts Scott? or can this be used in that instance as well?

Share this post


Link to post
Share on other sites

Sorry, I have no idea.   Those that I am aware of that went to Labor Court have always lost severance claims.   This ruling, however, appears to be an appeal to an earlier ruling.   I would suspect that it would include gov't schools.   The applicable law that was always cited was an exemption for Private Schools under the Private School Act.  

 

Share this post


Link to post
Share on other sites
Posted (edited)
On 5/8/2019 at 11:28 AM, Big Guns said:

I hope this helps anyone who finds themselves in the same unfortunate position I was in.

 

OP, do you know if the school involved has actually paid any or all of the teachers involved the varying sums ordered by the court?

 

Here in Thailand, getting a court ruling is one thing. But getting the functionaries involved to actually comply with the ruling is often an entirely different matter.

 

 

Edited by TallGuyJohninBKK
  • Like 1

Share this post


Link to post
Share on other sites

I know for certain that I was paid 😁. As for the case I cited as it was a Supreme Court Judgement so it can't be appealed. I don't think the school would've been foolish enough not to pay as they would've incurred further intetest charges. As its a smallish international school in Pattaya I would've thought they wouldn't want an increased bill.

  • Thanks 1

Share this post


Link to post
Share on other sites
On 6/18/2019 at 1:08 AM, Scott said:

Sorry, I have no idea.   Those that I am aware of that went to Labor Court have always lost severance claims.   This ruling, however, appears to be an appeal to an earlier ruling.   I would suspect that it would include gov't schools.   The applicable law that was always cited was an exemption for Private Schools under the Private School Act.  

 

All the teachers I have known have won, most without going to court.

Share this post


Link to post
Share on other sites

Kudos for sharing. I can second the OP and have good things to tell about the Labour Courts and how they work. (Very pragmatic and efficient and fast). 

  • Like 1

Share this post


Link to post
Share on other sites

I know someone who successfully sued a private school in Chiang Mai just last year....

Share this post


Link to post
Share on other sites

The labour court won't help with translations you'll need a translation service for that. The staff at the labour court will advise before you submit your case. This will be in Thai so you'll need a translator if you're not fluent. They are very helpful in my experience. Before the case is heard there will be arbitration first which can be one or two sessions. The labour court is free and your employer can't force you to pay their costs if you lose and vice versa. I know of a former colleague who'd worked at the same international school as me for 3 years and didn't have his contract renewed this year and just accepted it and didn't take them to court. He would have been awarded 6 months salary plus 15% interest per year if he'd gone to court. If seems like many schools bank on the fear and ignorance of teaching staff and continue with the practice of not renewing contracts.

Share this post


Link to post
Share on other sites

I have known two people who sued private schools for severance pay.  One lost and one won. 

 

I believe that following precedence is not as strictly followed in Thai courts as it is in Western courts.  Instead, each case is expected to be judged on its own merits.  Unfortunately, this leads to inconsistent and confusing verdicts.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 members

    No registered users viewing this page.

×
×
  • Create New...