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Do not sign on the dotted line

Discussion in 'Employment Contracts' started by crew, 18 Apr 2014.

  1. crew

    crew Thread Starter Faber College Member

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    A recent graduate of our TESOL training center asked me to review a contact he was offered in Bangers. My conclusion: walk away now...

    The terms of employment are as follows:
    • The teacher will be posted at for the period beginning
    From ___________ to __________ (Or depends on the school calendar)
    • The teacher will be paid a monthly salary of Baht .
    • The salary will be paid on the 5th day of every month.
    Prorated deductions (1/ 30 of the monthly salary) will be made to the teacher’s salary for any missed days, whatever the reason illness, personal, visa run etc. (no work no pay)
    • Working hours are Monday to Friday, , statutory and school holidays excepted. Occasional attendance on a Saturday may be required for special events.
    • The teacher must prepare for follow up lesson plan every week and create good activities with the students and reports to the relevant department head and the agency as well.
    • As noted above, the teacher must abide by the rules and regulations of the school where he or she is posted, and perform their duties with diligence and respect for students, parents, and colleagues. Failure to do so could result in termination without pay. The school has the right to terminate all the time.


    Teacher must inform the agency 1 day in advance when he/she can not go to the school.
    • The teacher must contact the agency regarding visa renewals at least 1 month in advance of the visa’s expiration date.
    • The agency will refund for work permit fee 3,000 Baht after complete the contract. (noted that the teacher must have a university degree and pass a probationary period in order to apply for a work permit).The teacher has to pay for his/her visa and nonB visa.
    • The teacher has to pay tax 3% every month.
    No health insurance.
    • The teacher has to go to report at the immigration by himself/herself.
    The school has the right not to hire the teacher anytime.
    If the teacher broke the contract, agency would have the right not to pay salary and the teacher must pay 50,000 Baht to the agency and also will be posted on the blacklist.
    • The teacher must not apply directly to the school for employment during, or for one year following, the contract period.
     
    Stamp likes this.
  2. Gor Blimey Guvnur!

    Gor Blimey Guvnur! What the duck ! Staff Member

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    Agreed:thumbsup2: What a lowlife shitty downright bullying contract ..if that is their attitude before you start then I reckon they ain't gonna improve once yer there.

    Yes, walk away.
     
  3. Tommo_Farang

    Tommo_Farang New Member

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    I wouldn't sign it either!
     
  4. Tullkra

    Tullkra Active Member

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    RUN- no health insurance then it's illegally done, or as far as I know it's wrong as all people with work permits must at least have the local hospital insurance card things- never sure what to call it, but all wit hwork permits should have it. It's not much but it's something.

    What happens if yo uget dengue or somethign serious!!!

    respect the rules and parents- so what happens if you say the wrong book to the wrong person- bye bye then


    RUN VERY FAST FROM THIS AGENCY? CONTRACT OR WHOEVER HANDED You THIS
     
  5. gungchang

    gungchang Well-Known Member

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    In defense of the shitty contract, there are some shitty teachers who have done some shitty things.

    (Recently, payday fell on a Friday and two teachers just stopped coming to work - no phone call or email - during exams.)

    I would insist on medical insurance, though, and also want the visa costs refunded along with the work permit fee.

    Not being allowed to quit, get sick, or die is bullshit. One should be allowed sick time, even it is accrued at two hours per week.

    Dont-quit1.jpg


    That's just me.

    Dont-quit1.jpg
     
    Last edited by a moderator: 26 Apr 2015
  6. luibkk

    luibkk Well-Known Member

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    This clearly violates Thai labor law.
    This used to be the income tax rate for part-time jobs, not sure how much it is now as the tax rates have been cut down.
    This is a clear violation of the Thai Social Security Act.
    Run, run, run!
     
  7. Stamp

    Stamp Administrator Staff Member

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    Can't be like that. Must be 5th working day of each month following the month of work.

    Escrow kind of thing?

    No problems but please state how many times per semester.

    Termination has to follow the payment cycle according to the law.

    Impossible when you're sick.

    Not like this. It has to be 'tax will be deducted from the employee's salary at the rate of 3%. Employer will provide employee with a tax deduction receipt".

    Fair enough. SSO doesn't apply to private schools.

    I don't understand what that means.

    Nope!

    That's a non-competition clause. Stated rule is not correct. 'contract period' should be 'after termination of employment'.

    This is not an employment contract I would agree to. :no:
     
  8. ramses

    ramses Well-Known Member

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    :confused: I've been paid on the 25th of the month, I would think they can pay whenever they feel like, no?


    something like that, however, with 20 working in Feb, and 22 or 23 working days in the other months, as far screwing the help goes one could get screwed worse, right?


    And let's not forget that we don't pay taxes before we get a have a work permit and a tax id (right?)


    the applicant is at the school at the leisure of the school. if the school does not want the teacher, the agency will remove the teacher immediately


    nor I ...
     
  9. luibkk

    luibkk Well-Known Member

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    To me it looks like a contract between an agency and a teacher who is going to be placed at a school, private or government I don't know and cannot conclude from this contract. If doesn't make any difference imo. If the agency is employing the teacher, the employment falls under the Social Security Act. Or did I miss something?
     
  10. Stamp

    Stamp Administrator Staff Member

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    I'm paid on the last working day of the month. What I was pointing out is that the 'xth day of a month' should be the 'xth working day of a month'.

    Officially, yes. Deducted tax can only be allocated when there's a tax-ID.

    I've to look into this. I've always seen that good agencies provide their own private insurance for their employees. Guess I was a bit focused on SSO. All employers should provide insurance for their employees.
     
  11. tassiecatred

    tassiecatred Member

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    All very one-sided. Nothing like a bit of blackmail to build confidence and trust between employer and employee.
     
  12. Rastus

    Rastus Well-Known Member

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    the teacher must ... pass a probationary period in order to apply for a work permit

    Forcing the teacher to work illegally without a work permit. I wonder how long that probatioary period is.
     
  13. gungchang

    gungchang Well-Known Member

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    I've done exactly that. 90 days, as I recall.
     
  14. Stamp

    Stamp Administrator Staff Member

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    According to the law, a probationary period may not be longer than 90 days. Even in that period, employee must have a work permit.
     
  15. gungchang

    gungchang Well-Known Member

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    This sounds like a case of "You know it, and I know it, but does the employer know it?"

    My current employer did indeed begin work on the WP ASAP. But, in my pathetic work history, this has been the exception. Of course, all my intel is now several years old. Things change.

    My favorite "according to the law" story involves the Tourism Authority. This agency maintains that one infamous industry is non-existent in Siam. Yet, the government declared one year that August 12 would be a holiday for the non-existent workers in this non-existent industry. Amazing Thailand never ceases to amaze.
     

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