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Story Of My Thai Citizenship Application

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On 6/6/2019 at 8:00 AM, Big Guns said:

The International school I worked for employed foreign staff on one year fixed term contracts. A few years ago they inserted a clause stating that staff had to inform them if they received Thai citizenship or residency. I'd kept them informed since I first applied. When I became Thai they couldn't employ me on fixed term contracts (private schol act forbids this for Thai citizens). They tried to give me another fixed term contract which I pointed out broke the law. They then gave me a non fixed term contract but removed my bonus and flights as they said Thai staff didn't receive them. I asked the ministry of education to investigate and informed the school they were breaking employment law as you can't reduce an employee's benefits without their consent. Their justification was flawed as they tried to argue that Thai and international staff had set benefits. I proved this was incorrect as staff had negotiated different benefits. In the end I took them to the labour court for breach of contract as they didn't pay my flight and breaking employment law as they didn't pay me severance for my 10 years of employment. In court the judge sided with me and they had to pay plus interest. We signed an agreement which stated they wouldn't prevent me from getting a new job. They then gave me a terrible reference which implied it might be unsafe to hire me. I took them to court again and the judge stated the headmaster was a slanderer and awarded damages. I don't regret becoming a Thai citizen one bit. I only regret giving 10 years of effort to an unethical organisation.

Were you on year by year contracts?

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Yes I was on one year fixed term contracts which are allowed for foreign teachers. However, Thai nationals who are teachers can't be employed on fixed term contracts. I'm now such an expert in Thai labour law for the education sector I should create a new niche enterprise 😁

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any member receive any call for Next meeting.
please share with us.

 

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On 6/9/2019 at 7:45 AM, Big Guns said:

Yes I was on one year fixed term contracts which are allowed for foreign teachers. However, Thai nationals who are teachers can't be employed on fixed term contracts. I'm now such an expert in Thai labour law for the education sector I should create a new niche enterprise 😁

Lol, I may need your services soon, as I've been on one year contacts for 10 years, but they tried to get out of paying severance by just giving me a 6 month contract this time, and also said they would reduce my salary when I became Thai. 

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6 hours ago, david143 said:

any member receive any call for Next meeting.
please share with us.

 

I think it will be nearer the end of the month, fingers crossed, as usual.

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35 minutes ago, Neeranam said:

Lol, I may need your services soon, as I've been on one year contacts for 10 years, but they tried to get out of paying severance by just giving me a 6 month contract this time, and also said they would reduce my salary when I became Thai. 

That 6 month extension should not change the fact that if they do not retain your thereafter, they must pay severance for you 10 years and 6 months service. Also, I do not believe that the court would agree to the reduction of salary. You just need to hang in their and let them know you are not going anywhere. The only way for them to avoid the need to pay severance is if you resign or you do something which warrants your dismissal with cause.  

 

I would not make any threats just yet though, but once you get your citizenship I would be clear with them and let them know you will not back down. 

 

Best of luck both in your citizenship application and dealing with the school.  

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Neeranam if you're worried I can give you what you need to win if you need it. Get your citizenship first. No fee to a Thai brother of course 😁. If you're really concerned send me a pm & I should be able to help.

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10 hours ago, Big Guns said:

Neeranam if you're worried I can give you what you need to win if you need it. Get your citizenship first. No fee to a Thai brother of course 😁. If you're really concerned send me a pm & I should be able to help.

Thanks mate, much appreciated!

However after waiting only 1 year 6 months from my application, and 1 year 3 months since application sent to MOI, I won't be a Thai citizen by then.

I believe to claim severance, one need to claim within a month of being fired.

Incidentally, I read recently(doesn't apply to me) that a new law says that those over 60/65 can also claim severance when asked to leave.

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6 minutes ago, Neeranam said:

Thanks mate, much appreciated!

However after waiting only 1 year 6 months from my application, and 1 year 3 months since application sent to MOI, I won't be a Thai citizen by then.

I believe to claim severance, one need to claim within a month of being fired.

Incidentally, I read recently(doesn't apply to me) that a new law says that those over 60/65 can also claim severance when asked to leave.

You are paid severance upon retirement. The rates for those who have worked in the same place for more than 20 years were very recently increased from 300 to 400 days, which will be my case when I retire in 3.5 years.  If they wish to keep you on after the standard retirement age, quite a few companies pay the severance sum upon reaching 55 or 60, as the case may be, and then re-hire on a one year contract basis. 

 

I am not sure what happens in those companies that do not have a fixed retirement age. They could keep you on indefinitely hoping you will quit so they do not have to pay severance. I will try to find out more on this as I find it quite interesting.  

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44 minutes ago, Neeranam said:

Thanks mate, much appreciated!

However after waiting only 1 year 6 months from my application, and 1 year 3 months since application sent to MOI, I won't be a Thai citizen by then.

I believe to claim severance, one need to claim within a month of being fired.

Incidentally, I read recently(doesn't apply to me) that a new law says that those over 60/65 can also claim severance when asked to leave.

K.Neeranam
exactly how old are you , are you reaching over 60, because i heard 60 or over 60 they not consider for Thai citizenship, i may wrong but need to know too.
 

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55 minutes ago, Neeranam said:

Thanks mate, much appreciated!

However after waiting only 1 year 6 months from my application, and 1 year 3 months since application sent to MOI, I won't be a Thai citizen by then.

I believe to claim severance, one need to claim within a month of being fired.

Incidentally, I read recently(doesn't apply to me) that a new law says that those over 60/65 can also claim severance when asked to leave.

 

sorry i got the answere

 

Age Points
20 to 30 2 points
30 to 40 5 points
40 to 50 10 points
50 to 60 8 points
Over 60 5 points

 

 

 
   
   
   
   
   

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Lol, I may need your services soon, as I've been on one year contacts for 10 years, but they tried to get out of paying severance by just giving me a 6 month contract this time, and also said they would reduce my salary when I became Thai. 



Under Thai law , even if you get 6 monthly contracts for 10 years , you severance will be the same as you worked 10 years.

Thai laws favour the worker ( I know - cause was an employer).

Contact your local labour office - they are helpful ( I know , cause we got called down to discuss / negotiate when ex staff felt jilted )


Sent from my iPhone using Thailand Forum - Thaivisa mobile app
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I know this is not the exact place for such question but since it's related to what's been said in previous posts and interests me -and may interest others-: does anyone know if according to the labor law an employee (Thai or farang) who'd wish to retire at 55 (still minimum legal age I assume) would be able to claim and get the severance pay automatically?
 

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I know this is not the exact place for such question but since it's related to what's been said in previous posts and interests me -and may interest others-: does anyone know if according to the labor law an employee (Thai or farang) who'd wish to retire at 55 (still minimum legal age I assume) would be able to claim and get the severance pay automatically?

 

 

Doubt it. If they want to let you go, ok

 

If resign - get nada

 

But I am a few years out of date already

 

 

Sent from my iPhone using Thailand Forum - Thaivisa mobile app

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