Job Discussion Forums

[laconic]

There's an interesting thread on another board about severance pay at international schools in Thailand. I thought I'd mention it here as it interests me in terms of scouting out jobs. Does anyone know of any international schools in Thailand that pay severance at the end of the contract? It sounds like it happens at some places but only as a result of lawyers, Labour Court involvement, etc. On the other hand, urban legend seems to be that some international schools do it but take pains not to publicize it.

[roguegrafix]

I know of one person who received a severance payout from a private university in Bangkok. It was a long time ago but I think it amounted to a month's salary for every year of service. He told me that it was the law and that the Labour department forced the uni to pay it. Apparently it only applies if you are retrenched from the job -- that is, if the job does not continue to exist. Being sacked doesn't count. That's what I heard and I maybe wrong but I would suspect that something like this applies to all workplaces. One of the benefits of a work permit I suppose.

[Placebo]

I find it rather odd that you would be scouting out schools that have the best firing conditions. That would imply that you think it's highly possible that you would get fired injustifiably.

Most people are happy to get a job offer at any of the big international schools... But you could always ask about severance pay in a job interview although I doubt that this would make a good impression...

[laconic]

[Placebo]

According to the Thai Labor Law:

An employer is not required to pay severance pay to an employee whose employment has been terminated for any of the following reasons:

1.Resignation
2.Dishonest performance of his duties or the intentional commission of a criminal act against the employer;
3.Intentionally causing loss to the employer;
4.Performance of gross negligence which result in severe loss to the employer;
5.Violation of the employer's work rules or regulations or order which are both lawful and equitable when the employer has already issued the employee with a prior written warning, except in a serious instance when the employer is not required to give a warning.
The written warning shall be effective for a period of one year as from the date of the commission of the violation by the employee;
6.Neglect of his duties for a period of three consecutive work days without reasonable cause, whether or not a holiday intervenes;
7.Imprisonment by reason of a final judgment.

So while this doesn't mean that being fired is a necessary requirement for severance payment, resignation won't get you any severance pay. This leaves the scenario of not being offered a new contract although you want to keep working at the school.

Now, if you are not offered a new contract, the reason is most likely that the school is not happy with your performance. I haven't heard of good teachers that weren't offered a new contract unless they messed up in some way. A lot of teachers at international schools move on to other countries or go back home after their 2-year contract is up, but they resign in order to do that.

Finishing your contract and resigning at the end will not get you any severance pay (see above). You need to get either fired or wait for the end of your contract and hope that you will not be offered a new contract which what I think is odd!

So in essence, you are scouting out schools that will either fire you or simply not renew your contract although you have no interest in resigning, so you can bank some money????

It's probably better to scout out schools that have low turnover, regular salary increases and high benefits.....

[laconic]

If I'm reading you correctly, you seem to be implying that those teachers who don't resign and are not offered a new contract at the end of their 2-year contract may have a case for severance. Yes? No?

Because if you are, I know some Thai attorneys that agree with you.

[Placebo]

Yes, I guess you're reading me right. But that would be only in the case if there's no apparent reason for not offering you a new contract.

I'm still trying to understand where you are coming from. It's not very difficult for a school to come up with a valid reason not to offer you a new contract. "Dishonest performance of duties", "necglect of duties", and "performance of gross negligence" are very subjective terms. You'd need a lawyer for the legal proceedings to claim any severance, but that wasn't your original question, right?

I think you are looking for schools that automatically pay you severance when your contract is up, right? I don't think you'll find one. Sorry, buddy!

I've taken a look at similar threads on 2 different forums, and besides getting into fierce arguments, there's not one teacher who says that he/she routinely got payed severance at the end of his/her contract.

Godd luck with finding a school that does that. I guess you are highly qualified and experienced to be able to choose from the top tier international schools and to turn down offers of top schools that don't routinely pay severance....

[laconic]

You are incorrect on several of your points and especially why someone could be interested in this issue.

Stay tuned, as you may actually learn something before it is over.

Here's one scenario: Would you simply walk away from several years of severance at a high paying international school if it were due you and you had been caught up in a purge of virtually all the teachers at the school?

[Placebo]

[laconic]

You seem to think it impossible for someone to be researching new schools while dealing with issues still pending at a former school.

Wisdom shall be yours. Try to be patient until it arrives.

[talktome]

It is very possible to get a month's severance pay if you worked in South Korea or China- but then again, in Korea, a person has to weather the '11-month curse', this is, they would have to tread lightly as not to give their employer any justification to fire them at the 11th hour.