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BANGKOK 25 June 2019 05:19
Big Guns

Winning Severance in the Labour Court

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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.

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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

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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.  

 

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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?

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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.  

 

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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
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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.

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