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Sick Leave 15 days or 30 days

Discussion in 'Employment Contracts' started by mike123_ca, 10 May 2015.

  1. mike123_ca

    mike123_ca Thread Starter Active Member

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    I've been having this on going fight with my government high school.
    Each year they write in the contracts that the teacher's are only entitled to 15 days
    sick leave a year.

    I've tried explaining that Thai law states that all employee's are entitled to 30 days a year.
    The response has been that Thai government employees are not entitled to 30 days.

    The head of the department feels that its not fair that the foreign teachers should receive
    a superior benefit vs. the Thai teachers.

    Today in Thaivisa, I see a lawyer stating that the 15 day sick leave in a teacher's contract is an illegal clause
    and doesn't overrule Thai law.

    Sick leave from an International School - Ask the Lawyer - Thailand Forum

    I'm not asking for a greater benefit, but I try to explain that its in the school interests to follow the
    laws of Thailand.
     
  2. ramses

    ramses Well-Known Member

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    That is crazy. What does the letter of the law state?

    Off topic a little, but on topic (law and contract) is there a max number of teaching hours allowable for teachers?
     
  3. portnoy58

    portnoy58 Well-Known Member

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    Everything about contracts sucks here, that is it, plain and simple. Not worth the paper they are written on and regardless of the promises contained in the contracts, this will not make the slightest difference if your employer wants to do something different. While you are at it with your school, you might as well tell your employer that in Thai law you cannot make a permanent job a temporary one. In other words these annual contracts are in breach of Thai employment law unless the job you do is genuinely for one year or six months, for example because an employee has been granted a sabbatical. Regardless of all this I do not see myself going to court in any circumstances to argue about breach of contract or unfair dismissal! I'd like to but I think I'd be wasting my time and money.
     
  4. Stamp

    Stamp Administrator Staff Member

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    This is what the law states.

    My previous contract with a Rajabhat University and my current one with a government high school state both 15 days.
     
    ramses likes this.
  5. ramses

    ramses Well-Known Member

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    'sick leave under Section 32 equivalent' and how is sick leave defined?
     
  6. dave123

    dave123 Smurf Diver

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    We had a new manager try that one on us last year, she said all contracts will be ceased and we will sign a new contract with her agency :-) I pointed out (loudly) I have been here 10 years so it's a permanent job and if she wants to pursue this, I will see her in court. She backed down and changed it to NEW staff :-) They just like to think we are stupid and Thai law does not count for us. ignorant racist twats I call them.
     
  7. Stamp

    Stamp Administrator Staff Member

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  8. trnwrk

    trnwrk Well-Known Member

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    I wonder if those of us at a government school might fall under the STATE ENTERPRISE LABOR RELATIONS ACT (SELRA) B.E. 2543 (2000) as opposed to the Labour Protection Act. I've attached it but not gone through it yet.

    The only reason I suggest this is because of what I read on Labour laws,rules, regulations in Thailand

    WHO IS AN EMPLOYEE?
    An employee means a person who agrees to do work for an employer in return for wages, regardless of the description of his status. NOTE: Employees in certain specified occupations, including those in agriculture, fisheries, the transporting or loading of goods for seagoing vessels, and other categories as prescribed by regulations, are subject to other forms of employment protection outside Labor Protection Act. The act also does not apply to central or local government entities or state enterprises but they have similar employment rights as to this Act under separate legislation.

    For what it's worth I get only 10 sick days at my EP.
     

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  9. Stamp

    Stamp Administrator Staff Member

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    You might be right, trnwrk.

     

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  10. ramses

    ramses Well-Known Member

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    I have too much in front of me at the moment to spend too much time on it, but I think there may be numerous issues with the contract I have been asked to sign for next year.
     
  11. SundayJam

    SundayJam Well-Known Member

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    Who gets sick leave? If I'm sick or need to take time off, another teacher substitutes my classes. I must then repay the favor. It's the same for everyone. I guess I could get sick during tests.
     
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  12. Mister T

    Mister T Retired, fat and happy

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    At my last school I bought up the imbalance in sick days between us and the Thais. He smiled and reminded me that we got 11 weeks annual leave, the Thais did not.
     
  13. Gor Blimey Guvnur!

    Gor Blimey Guvnur! What the duck ! Staff Member

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    In my contract it is 'unstated' (Non-government school). However, there is a 'don't take the piss' limit & I'm fine with that. LOl, the most time off I've had in 12 years of teaching is 2 days consecutive. I suppose the government put a cap on it that's honestly enough at 15 days as 'some' guavas really do take the piss here. Just ma IMO as when an engineer in the UK, the most sick leave I was ever allowed was 20 working days .... canny see the big problem with 15.
     
    Last edited: 14 May 2015
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  14. bahn_farang

    bahn_farang Well-Known Member

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    My thoughts 100 percent
     
  15. Cal Roy

    Cal Roy Well-Known Member

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    I've never gotten so sick in my three years here that I couldn't come in. I have had doctor appointments that take all day because I have to bus down to Chiang Mai and back. I just make it up with the sub teachers. I guess I should look at my contract.
     
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