lostinisaan Posted January 29, 2015 Share Posted January 29, 2015 Hello and Sawasdee khrap, SOCIAL SECURITY Please see: http://www.thailaws.com/information/thai_legal_info_07.htm An employer with one or more employees must register and contribute to the Social Security Fund. Upon registration, employees will become “insured persons” entitled to benefits provided under the Social Security Act. The Social Security Act requires that the government, employers, and employees contribute to the Social Security Fund at the rates prescribed by law. At present, both employers and employees each make monthly contributions at the rate of 3% of the employees’ wages, while the government contributes at a rate of 2%. Termination Without Cause When there is termination without cause, it is compulsory that the employer give a written notice and make severance payment to the employee according to the length of unbroken service, as shown below. Period of Service Days (inclusive of holidays, leave days, and days on which work stoppage is ordered by the employer) - 120 days but less than 1 year 30 days - 1 year to 3 years 90 days - 3 years to 6 years 180 days - 6 years to 10 years 240 days - 10 years up 300 days The employer can terminate the services of an employee immediately by making payment in lieu of notice. An employee can bring an action against his/her employer in the Labor Court if the employee thinks the employment was terminated by unfair practices. Compensation and Benefits Injury or illness not work-related (work-related injury or illness is covered by the Workmen’s Compensation Fund). Maternity. Disability not work-related (work-related disability is covered by the Workmen’s Compensation Fund). Funeral--death not work-related (work-related death is covered by the Workmen’s Compensation Fund). Child welfare. Old age. Self-inflicted injuries and suicide are excluded from coverage under the Act. I finally gave up, trying to get back into the ordinary SS, because our director just doesn't register "his" Anuban government school at the SS office. Full Stop. He's promised me twice that he'd go to this office and register the school, which never happened. I knew that there're other ways to continue paying in and went to the SS office in my province. What really bugs me is that I've already paid in for 10 years and even after five months and three weeks, I was still without any coverage/insurance. My wife and I went to the office and I had to lie about the fact that I'm working to be able to get back into the system by paying in 438 baht/month. If you've got a work permit, then they want to see the school registration, plus a form for each employee. He just doesn't give a flying shit about others' circumstances and assistant teachers, making 4 K/month can't even have a little bit more security? It's obvious that he's pocketing the money, which really annoys me. Now I'm talking about a small amount of money, which would be of great help for 10 employees. Also shows how welcome foreigners at "his" school really are. Exactly one week before the deadline and we're successful. But my Filipino colleague and eight Thai assistant teachers are still uncovered, because of a greedy director. In May, when I turn 55, I can take out the amount that was paid in, which is around 80 K by now, or I can just continue paying in, for another 120 months, to receive a pension from the department. ( I think you have to pay in for at least 220 months to be entitled for a pension, or something similar. ) Would the school and I pay in 750 baht/ month, it would be much better for me and of course my colleagues. I'm aware that I'd only ask for my dismissal if I would go to see the director again, to point out his responsibility when asking for my right, which is defined by law. I'm not expecting many posters who're in a similar situation, but I thought it's worth to give it a try, what others here experience. Wouldn't a teacher who's working for an agency be entitled for the Thai SS, or can they do what they want? Okay, sorry, was a stupid question. Just curious. Link to comment Share on other sites More sharing options...
TerryLH Posted January 29, 2015 Share Posted January 29, 2015 When you cash in your SS are you planning on leaving Thailand? If not, have you made arrangements for another coverage? They'll also add in interest, which was a nice surprise. 1 Link to comment Share on other sites More sharing options...
BKKSnowBird Posted January 29, 2015 Share Posted January 29, 2015 (edited) This is something I never understood. I worked for an agency but never paid SS. Should I have been? Could this in anyway mess up my US social security? The few years I worked in Thailand I had a $0 recordered in my SS work history since the little I earned were not covered wages. Edited January 29, 2015 by BKKSnowBird Link to comment Share on other sites More sharing options...
TerryLH Posted January 29, 2015 Share Posted January 29, 2015 Thai SS and US SS are two different animals. The best part of Thai SS is the health coverage it provides. The retirement benefits aren't much to talk about. Link to comment Share on other sites More sharing options...
lostinisaan Posted January 30, 2015 Author Share Posted January 30, 2015 Thai SS and US SS are two different animals. The best part of Thai SS is the health coverage it provides. The retirement benefits aren't much to talk about. But what about the other benefits? There's a Filipino at my former school who had three kids. He received 1,200 baht for his kids, but only paid in 750 baht. When he had lost his position, the SS office paid him about 10 K/ a month, I can't recall for how long. That my school director doesn't register his school at the SS office seems to be not the norm and I could continue paying in alone. The Thai labor law is pretty clear on that. A company has to register its employees, but why are all these agencies not considered companies? Their cheap 10 K per year accident insurance they usually offer seems to be against the law. Nor do people who teach English for agencies many years have any rights. Shouldn't people with the right qualifications ( having a degree to obtain a work permit ) working for agencies have the same rights than others? Is there anybody on this forum who could 'enlighten" me, please? Or should "I ask the lawyer?" One part of the SS act: Injury or illness not work-related (work-related injury or illness is covered by the Workmen’s Compensation Fund). Maternity. Disability not work-related (work-related disability is covered by the Workmen’s Compensation Fund). Funeral--death not work-related (work-related death is covered by the Workmen’s Compensation Fund). Child welfare. When there is termination without cause, it is compulsory that the employer give a written notice and make severance payment to the employee according to the length of unbroken service, as shown below. Period of Service Days (inclusive of holidays, leave days, and days on which work stoppage is ordered by the employer) - 120 days but less than 1 year 30 days - 1 year to 3 years 90 days - 3 years to 6 years 180 days - 6 years to 10 years 240 days - 10 years up 300 days Link to comment Share on other sites More sharing options...
TerryLH Posted January 30, 2015 Share Posted January 30, 2015 Are you sure that isn't the Labor Act you're quoting instead of the SS Act? You could use the 'Ask the lawyer' forum, but you need to be clear on exactly what you are asking. Link to comment Share on other sites More sharing options...
lostinisaan Posted January 31, 2015 Author Share Posted January 31, 2015 Are you sure that isn't the Labor Act you're quoting instead of the SS Act? You could use the 'Ask the lawyer' forum, but you need to be clear on exactly what you are asking. Yep, it's from the SS act. Please see attached file. Social security act.pdf Link to comment Share on other sites More sharing options...
Kf6vci Posted February 7, 2015 Share Posted February 7, 2015 LII, will you leave the school soon? Won't you see this issue as a challenge to set the cat among the pidgeons and complain about the director? (Greedy folks like him harm more than just employees and teachers...). Your wife might be able to make a phone call or two and back it up with some documents. Or am I delusional, thinking that anyone cares about something like this? Why bother with laws if one is an influential director of a government school?!? 1 Link to comment Share on other sites More sharing options...
lostinisaan Posted February 7, 2015 Author Share Posted February 7, 2015 (edited) LII, will you leave the school soon? Won't you see this issue as a challenge to set the cat among the pidgeons and complain about the director? (Greedy folks like him harm more than just employees and teachers...). Your wife might be able to make a phone call or two and back it up with some documents. Or am I delusional, thinking that anyone cares about something like this? Why bother with laws if one is an influential director of a government school?!? The whole situation has gotten even worse, which is almost unbelievable. The new Thai English teacher the school hired, using me to interview 10 of them, seems to have the order to come to my lessons as a sort of a spy, but also to the one and only Filipino's lessons. The director wants that all Thai English teachers have to pas a TEFL test, which left all of them pretty much upset. Our super miscoordinator is one of them who has to pass such an assignment and was already approaching me to "teach them" how to pass such a test. He's got a doctor title and should set an example by passing such a test, but no, his ideas are getting worse. It's really not worth wasting my time for such an . At he same time she told me that they'll "observe" us in our lessons this week, because "parents complained" that the students wouldn't understand the Filipino's and my English. Quite a lot of the Thai subject teachers just don't show up, or are always late for their classes. I'm the one who's to cover their lessons, if they don't show up in our one and only EP like grade one classroom. I'm too long in this business and completely understand that the whole purpose of observing somebody is only meant to not pay more money next academic year, or even a salary decrease? Only Buddha knows the answer. I made a huge mistake to quit my former job, because they'd promised me so many things, but couldn't even get me my SS back. None of their verbal promises came true. None of them, which is really annoying. There're times when we have to make decisions, no matter if there's a problem to get another waiver, or not. I've made mine. I truly hope that others do not experience such circumstances. Edited February 7, 2015 by lostinisaan 1 Link to comment Share on other sites More sharing options...
TerryLH Posted February 8, 2015 Share Posted February 8, 2015 Retirement is 180 months. 15 years. (Unless it's been recently changed.) Perhaps the teacher has been asked to attend your class to learn something. Or not. I would think that the school observing classes because of parents complaints would be routine. The same if there were no complaints. I assume the test the teachers are going to take is not really TEFL. TOEFL or TOEIC probably. Link to comment Share on other sites More sharing options...
Kf6vci Posted February 10, 2015 Share Posted February 10, 2015 LII, will you leave the school soon? Won't you see this issue as a challenge to set the cat among the pidgeons and complain about the director? (Greedy folks like him harm more than just employees and teachers...). Your wife might be able to make a phone call or two and back it up with some documents. Or am I delusional, thinking that anyone cares about something like this? Why bother with laws if one is an influential director of a government school?!? The whole situation has gotten even worse, which is almost unbelievable. The new Thai English teacher the school hired, using me to interview 10 of them, seems to have the order to come to my lessons as a sort of a spy, but also to the one and only Filipino's lessons. The director wants that all Thai English teachers have to pas a TEFL test, which left all of them pretty much upset. Our super miscoordinator is one of them who has to pass such an assignment and was already approaching me to "teach them" how to pass such a test. He's got a doctor title and should set an example by passing such a test, but no, his ideas are getting worse. It's really not worth wasting my time for such an . At he same time she told me that they'll "observe" us in our lessons this week, because "parents complained" that the students wouldn't understand the Filipino's and my English. Quite a lot of the Thai subject teachers just don't show up, or are always late for their classes. I'm the one who's to cover their lessons, if they don't show up in our one and only EP like grade one classroom. I'm too long in this business and completely understand that the whole purpose of observing somebody is only meant to not pay more money next academic year, or even a salary decrease? Only Buddha knows the answer. I made a huge mistake to quit my former job, because they'd promised me so many things, but couldn't even get me my SS back. None of their verbal promises came true. None of them, which is really annoying. There're times when we have to make decisions, no matter if there's a problem to get another waiver, or not. I've made mine. I truly hope that others do not experience such circumstances. Link to comment Share on other sites More sharing options...
Kf6vci Posted February 10, 2015 Share Posted February 10, 2015 Such "observations" are pretty stressful and at least annoying when there was no professional courtesy "warning". Nothing good will come of this, I would agree with your assessment, LII. Likely, it's a fishing expedition to find fault and have a reason to cut your salary or to terminate your contract. but then, you will get the heck outta there, won't you? Hopefully without prior notice - such people deserve to be a taught a lesson! I think it's a TOEIC test. But then, be realistic. these are fellow professionals who spent years at a university to study english. and the TOEIC test is pretty basic. While making your life difficult, that boss expects you to help her?!? Maybe you need to slow down? OTOH, if you were to observe Thai teachers, you might notice that they avoid such an issue by speaking Thai! 1 Link to comment Share on other sites More sharing options...
puchooay Posted February 11, 2015 Share Posted February 11, 2015 (edited) I don't really understand the opening post. Is this "Anuban" school actually called that and therefore is part of a very large group of primary schools? You say that this is a government school but then you refer to the director and say "his" school. If it is a government school then it is in fact just that. Why not go to the education dept and sort it out? Edited February 11, 2015 by puchooay Link to comment Share on other sites More sharing options...
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