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How long would I be entitled for severance pay?

Discussion in 'Staffroom' started by sirchai, 8 Jan 2017.

  1. sirchai

    sirchai Thread Starter Well-Known Member

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    Sawasdee khrap,

    I've finally made up my mind and won't be available for my current school in May. I've got plenty of reasons for my decision and I'm now trying to find out how to start my way out of this circus, called school.

    My contract runs until the beginning of May and I really want to get at least something back for things they did to me in my three years of service.

    The two, or three NES teachers with experience were never hired.The director "was too busy" to register the school at the SS office, but that's solved.

    Three employees of the office finally approached him and told him that he broke a law that's been taken very seriously.
    We were called to a meeting and they wanted to change our contracts that it looked like we had just started. But the work permits and visas showed a completely different picture.

    Anyway, a teacher from my school has a sister who works in the SS office and it seems that they found a very cheap solution without paying all installments of two foreigners plus twelve Thais.

    The 12 Thai assistant teachers could never receive what they're entitled to. And many of them were there already a couple of years.-

    I made a huge mistake to quit my former job and deeply regret that i signed a contract with my current school.

    I've never received a pay raise while my teaching load has doubled and it's in no way fun anymore to be there.

    What's your input? I mean what should I do to receive my three months severance pay?

    Please no jokes, the situation is already serious enough. Thanks a lot in advance for any useful options/advice that I might, or might not have.

    I should know it by now how to handle it, but I'm really too busy with other things and my family.


    A great start of a new week tomorrow and kind regards from lower northeast.


    Cheers- :thai wai
     
  2. Wangsuda

    Wangsuda Nonentity Staff Member

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    If you quit, you are entitled to nothing. Period. If you are fired OR you are not offered another contract because your position was eliminated, then and only then can you file for severance.

    Get fired or pray the school makes you redundant. That's the only way you'll receive anything you think you're entitled to.
     
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  3. Ajarn P. Paul

    Ajarn P. Paul มันเป็นวันที่น่าเศร้าในวันนี้ในประเทศไทย ...

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    Fact: severance pay = an amount paid to an employee upon dismissal or discharge from employment.

    Opinion: Consult with an attorney.
     
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  4. sirchai

    sirchai Thread Starter Well-Known Member

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    I'm aware that they'll have to find a reason(s) to not renew my contract. So it will be. Three years lies and psychological terror have to be compensated in my eyes, without wanting to go into details now. Thanks a lot. Have a great day. :thumbs up
     
  5. sirchai

    sirchai Thread Starter Well-Known Member

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    Thank you very much. My neighbor isn't just a good friend, he's also a lawyer who might be of great help.

    A superb week for you. Cheers-:go2

    The war is over for me.
     
  6. gungchang

    gungchang Well-Known Member

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    Leaving Thailand, are you?

    A previous employer stated in my reference letter that I'd been with the school for one year, not six years. They let the other remaining direct hire go. (He'd waited until it was too late to do the TCT TKT and this may have been a factor. He had waited because he thought they were a fund raising scam and that nobody ever passed until I got my license, so I may have been a factor.) The school refused a direct contract to a teacher that they valued. All this tells me that the school is concerned about paying severance, in spite of the stunt they pull having teachers "resign" every few years and then return the next day. One may have gotten severance. Another claims to have done so, but if so it may have been because the school didn't want the gov't. learning that they'd hired a teacher without a degree.

    I was in the north and couldn't really pursue it, and now I'm farther north and am not able to pursue it. I would try for it even if the law suggests you can't get it. At least one school appears to be very concerned about it, and I hear that the labor court is sympathetic.

    While I was in the boonies, that school treated me well. My desk was in admin, not a teacher room, I ate lunch with them, my load was reasonable, I had help finding a nice room, and there was talk of a stipend for a visa run. All this was with the knowledge that I might be there for two years or two months. (It proved to be the latter.)

    Pardon a silly question, but, have you tried returning to your previous school?
     
    Last edited: 9 Jan 2017
  7. Stamp

    Stamp Administrator Staff Member

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    Be careful that the school won't find reasons to dismiss you because of gross misconduct. In that case you won't get anything.
     
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  8. sirchai

    sirchai Thread Starter Well-Known Member

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    I never would. Only in a box, but that's already settled. The temple in my wife's village will be my last place.


    The decision was easy because I feel abused no matter what I'm looking at.

    I was crazy enough to give up a nice job in Ubon R. being the foreign head teacher with a huge house wth carport on campus, free internet and I only taught grade six two hours per week.

    I basically left them in the rain and resigned overnight not giving them time to look for a replacement teacher. Already after two months I deeply regret that I'd signed a contract that nobody else with a healthy common sense would sign.

    No SS insurance because the director was pocketing the money, everything they told me in the beginning, were lies. Already in my first year, I developed psychological problems because of the constant noise all day long. No room to relax during my lunch break, always surrounded by noisy kids was just too much.

    I found out that something wasn't quite right when I had to switch my music off on my way home. When your favorite music becomes noise for you there must be something terribly wrong.

    The promised NES teachers with experience were never hired and they gave me another class in addition to an already stressful timetable.

    I started to set up this program but they didn't hire an experienced teacher with a great command of English for the first grade. I posted the add at ajarn.com but couldn't sit in the interviews ad they finally hired a woman from an ASEAN member country who always speaks in the present tense.

    It's annoying to listen to sentences, for example "Last year I go home." "Oh, you go out already and buy this?" The rest of her speech is "Chai mai at the end"? or she mumbles Tagalog with the guy she seldom talks to.

    She shouts at the little kids to shut up, but that might be the 1 % of English she's using.

    They must have been impressed that she had gotten a Thai teachers license about two months after she got fired from her former school in Pitsanulok.

    In addition, did I give my (good) name for her at the Immigration when she needed her 90-day stamp. When one IO already told her to go to Pitsanulok to get the letter from her former school and the cancellation of her old work permit.

    She knew that she's on a long overstay and was only looking for a school that would be dumb enough to hire her. When I followed the Immigration officer's advice and printed the form for the WP cancellation and the letter for her former director out and left it on her desk, which she then threw back on my desk, which really shocked me.

    She was hired last year short before the midyear break and thought she'd be more clever than anybody else. But when she tried to leave Thailand via Mukdahan, all red lights went on and she needed money for her full overstay.

    Then she phoned the school and they finally sent her 20 K. She knew all before and I basically created huge problems for the Immigration officer, because they didn't understand that Sisaket stamped her 90 days.

    My Immigration friend had to leave Sisaket and my "colleague" was [artly at fault. I've lost a good friend, she lost her position where she wanted to stay.

    Her history consists od lies only and she never taught little kids. She's got grade one now and uses 90 % of a shitty Thai to teach them. When you ask them how old they are, they all say: "I'm fine, thank you, and you?"

    Together with the whole other circumstances, it became a place I need to get away ASAP.

    And that with, or without severance pay. Have a nice week. I've got six hours straight now.

    Cheers- :thumbs up
     
  9. covertjay

    covertjay Member

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    Any completion of contract bonus is in lieu of superannuation and severance. If you don't have the bonus it's a months pay for each year of service at labor court. More if you have a better lawyer. Be very careful of any statements including posts here which could be construed as defamatory.


    Sent from my iPad using Tapatalk
     
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  10. Gor Blimey Guvnur!

    Gor Blimey Guvnur! What the duck ! Staff Member

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    Yes.

    No.

    Your decision to stay and your decision to leave SirChai. Get over it, chalk it up to a bad experience, and move along to pastures new.
     
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  11. stfranalum

    stfranalum Well-Known Member

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    one of the most liberating things we can do is 'move on'.


    +1

    and the lawyer thing will net not much in the end. just save you money and move the heck along. leave that baggage at the school.

    on to the greener pastures!
     
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  12. Stamp

    Stamp Administrator Staff Member

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    I fully agree on this one.

    Sirchai, you have had yourself tortured for too long. Just close the door on your way out and move on.
     
  13. muppetminder

    muppetminder Active Member

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    Let your contract lapse. In the mean time look for work - in Bangkok. Your wife can find a job for 12k if she has a degree or relevant experience. Get the hell out of Sisakhet.

    Forget the legal wet dream, move on. They obviously feel they owe you nothing.

    No one will miss you...

    That's a damn shame, but it's the system. Anyone that actually gives a fuck is +3 in my book. 90% of teechurs it's a McYob at best.

    Good luck.
     
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  14. sirchai

    sirchai Thread Starter Well-Known Member

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    I'd like to thank all of you who posted some great thoughts and the right things to do. Once I'm out I'll do it as the native Americans do (did). Never look back !!!!

    There's so much waiting in the future and I guess I was whining, but also really suffering long enough about something which was my own fault. I resigned and stepped into the shite, not somebody else.

    I should have known better going way back in time when I quit my teaching position at my first school and started to work for an agency at a high school next door. What I didn't know was that an "American friend" who offered me the job received 1,000 bucks after one year of employment. Okay, I made 13 K more in one month but had no idea about agencies and their practices.

    At least was the school on my contract, 10 K were paid for November and April, but none of the existing staff had a work permit and the DoL was already on their arse. Everybody in Sisaket knew that, excluding the guys who worked there. We had a great idea and went on strike with the knowledge of the school and two days later was all solved.

    Two guys from the agency came from Bangkok and we all received our work permits in the same week. But a new agency came up with an obviously better offer and the agency lost the contract with the school. I'm done with agencies and wouldn't even think about working for one.

    I thought I could set up an EP at my current school, my own project and would later get some help, but that never happened. And if you don't even have a good English speaking colleague who's got some teaching experience and can see where the problems are, it's just not possible. You can't run such a program alone without a curriculum, etc..

    The two, or three NES teachers have never made it to my school. maybe they didn't find the little town? Only Buddha knows.

    Whenever I talk to my Asian colleagues I have to slow down or I'm not understood. And honestly speaking, I don't like to speak baby English with foreign English teachers.

    In my grade three class are 37 kids, some of them with a mental disorder and huge behavioral problems. Quite a few can't even answer easy questions, they seem to be somewhere else with their brains. They're basically only physically at school and their minds somewhere between Disney- and Hello Kitty Land.

    I've got the feeling that I'm the only one who really knows how fragged up all is. Their decision to let the Asian teacher take over grade one was insane. How can a "normal person" in an EP set up start to teach math, science, and English mostly use a very shitty Thai when she's clearly hired as an English teacher?

    Not only some of my kids seem to have a mental problem. The 47-year-old- single and I know why- female foreign teacher only talks to an assistant teacher because she believes she's got something to say. But she's only there to help out, her graduation wasn't long ago. She's really only good in licking asses and I hate her for always telling me bad things about the guy from her own country.

    She really talks to herself and it's sometimes really spooky to be in the same room with her.

    In the beginning, I thought she'd be on the phone using an ear thingy, but hell no. She talks pretty loud to herself and even stopped to talk to her homeboy from the same country. I was often confronted with her diarrhea problems and always found a way to end the discussion about her madness.

    I gave her a nickname: The "Youtube teacher" because she's only using YouTube cartoons and songs, no matter if the kids get it, or not. The kids get up to 100 points based on their workbooks. She doesn't know how to make a worksheet using MS Office, or a PowerPoint. Of course are the kids not able to understand basic English, for example, "How old are you?" The answer is always: " I'm fine, thank you and you?"


    Even when the lawyer would be free of charge for me, I prefer not to go this way and better let go.

    I didn't really realize that I had a position where I was pretty much "up the ladder", independent and I could still be there. Leaving my former school " in the middle of the night" isn't my way and I deeply regret it and still feel guilty. The new school brochure was already printed and my photo on many pages.

    I left the director and some really good guys having a job many others would be more than happy to have. I could sit in my house on campus when I had no lessons. So my visits to te office were only in the morning or when they needed to get something done.

    I also miss some friends I made in Ubon, the bigger city life and a house in the middle of Ubon Ratchathani is worth gold. Stay there for a night when traveling or to let a mate sleep there for a night, Ubon is a great city, not too big and not too small.

    Even four months after the start at my current school the Thai head teacher of my former school got in touch with me, really begging me to help them to find a suitable teacher. I was very close to ask her if I could come back, but I was still believing in all their promises at my current school that never came true. Nothing, Niet. Zero. Only lies.

    Instead of a pay raise one more class.

    It was good luck that a good friend of mine with 15 years of teaching experience in Asia had just arrived in Thailand and was seeking employment. He's happy and the school has got a great teacher. But that doesn't change the facts what I did to them.

    Something else happened deep inside me and I see the whole thing from a different view now. Leaving the grade three kids won't be easy, some of them love me more than they love their parents.But I need to get my arse out of there and I'm already counting the days.

    It's time to do some sport now, swimming, lifting some weights and get my body back in shape. Once the psychological and physical balance is on par again and I'm on my best way to get there, there's not much that could bother me.

    My wife was already asking me if I want one of her bras and I have to admit that I really became too lazy regarding taking care of my body. And I made jokes about an older guy that he'd have tits.

    Working in Bangkok, holy shit. I hate the moloch and all the sadness, two days in the capital and I'm happy to go back home or somewhere to a beach. I've seen plenty of teachers when I went to TCT or my embassy and hell no, I couldn't live there.

    My mom and dad in law are pretty cool people and very poor rice farmers. I love to have a chat when in the village and it's obvious that I'm not the Farang, I'm one of them. When somebody passes I'm the one who picks up the monks and brings them back, but I couldn't live in the village anymore.

    Sisaket is okay for me, Ubon not too far away and I thought about a job in Ubon. I still got some good contacts, the boss from educational one office and quite a lot of school directors and head teachers. My reputation is top in this city, so getting an okay paid job in Ubon shouldn't be a problem.

    My wife isn't that healthy and needs to be here to get the right medication for something I don't want to go into details here. That wouldn't work out in Bangkok, no way.

    A final question for you guys. The school made a quite weird contract and I have to inform them three months before when I want to quit. Same goes for the employee if the wanna get rid of me.

    Doesn't that mean that if I let's say give them my letter of resignation that I'd at least receive my salary until my contract runs out?

    The joke is that I've got the contract from another school being a curriculum developer of some sort bypassing TCT. But they don't know that I'm the only one who's got the contract. That's how the whole school is. Nobody knows anything.


    I assume they'll want to go by their three-month rule and as far as I understand it, they would have to pay until my contract runs out, which is the beginning of May.

    But in the end, it's all about the signed contract when the shit hits the fan.

    Now I've added a few more sentences of my post and I have to apologize for the essay about something nobody wants to read. It's way too long.

    Stamp, gotta love your last sentence. I will close the door and leave all the rotten fish behind me and move on.

    Thanks guys for the great advice, really appreciated. Khop Khun La Lai.

    Cheers- Sirchai
     
    Last edited: 9 Jan 2017
  15. Internationalteacher

    Internationalteacher Well-Known Member

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    Hey you.. I told you quite awhile ago in another thread that you could do better. You seem to be working way too hard for peanuts and they don't appreciate you. It sucks working with morons and you want to be at a good school where the kids are actually learning something, right?

    Don't just talk about it, make it happen. Most of us have a choice ultimately. :)
     

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