Hey People, here is the case:
Semester and testing is over, right now we are running some easy holiday activities for about two weeks. After that, all Thai teachers are off until next term (from Oct. 10th till the end of the month). Administration decided in their meeting that foreign teachers have to stay in the school during ALL holidays, or will not receive full salary (because they are "temporary employees" and therefore not under the same rules as Thai government teachers). "No work, no pay"
They did the same crap with us (seven foreign teachers) last year, after October break didnīt pay us the first place, but eventually paid after long fighting. When signing contract for the second year, they said to give us holidays off, but nothing about that is written in the contract (How dumb, I know). Contract only says XX month, yy salary.
So tomorrow they will officially announce that "news". What do you think is the best strategy to go to get our deserved holidays? Some of us want to go see the family, anyway everybody needs some time off. Iīm afraid some of my staff are too shy to fight for that, would even accept the dumbest thing to do (come and scan their fingers every day or accept reduced salary)... but I wonīt
Are there any rights to get that holidays off as foreign teachers? Iīve read in the Thai Labour Act (1998), section 30, paragraph 1, "temporary contractors" have to be given at least 6 days annual leave, so thatīs the very least I can expect.
Thank you guys, any help is welcome
Really sad to hear these kind of stories.
I interpret this as being applicable to employees that are on a permanent contract.Section 30. An employee who has been working consecutively for a full year is entitled to take annual leave of not less than six working days per year; the boss shall be the person to determine in advance when the said leave for the employee shall be taken or shall determine it in by agreement with the employee.
Do you want a new job? I can't imagine why you wouldn't be looking for another school right now.
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my cynical side says more $ for you means less for some of them on the gravy train, so you're taking $ out of their pockets and you should know how much thais like that!
Really? Last year, a school tried that. then they figured it out all by themselves that the contract for X Baht times Y months means they have to pay. After two days without ay and an "offer to pay half", they paid up and shut up. There is a reason the school gave in last year. Why not make some calls - I once got a judge on the phone and he was most helpful. As teachers you are more than hired help. Recharging your batteries will be to the school's benefit as well.
The ingenuity when it comes to grabbing a few extra Baht can be astonishing.
- To get a check for 800 Baht, I had to cough up 40 Baht cash first.
- A monthly charge for drinking water and office aircon? Right!
- This month, 80 Baht were deducted for some school polo shirt. No one bothered to ask permission.
...and I was complaining that my paid holidays are getting shorter every year!
Thanks for putting things in perspective.
Thank you all for your replies.
This one isnīt so much about money. As far as I understand there is a battle between some people in school that want to show their power and our department. This battle is beeing fought on the back of poor foreign teachers.
I would like to know from you guys: Does your contract say: "public holidays are paid"? Or is this rather an agreement that usually wonīt be written?
@Stamp, Iīm not a lawer but I understand this one differently: For one full year an employee has to be given not less than six annual leaves. The section also says in the following year the employer should raise the number of annual leaves.
But anyway, it doesnīt need to be fully undestood by me as long as I can show is to the Thai admins and explain it in my very own favour.
@Chris88, Thank you for your reply, I really would like to know if the expression: x month, y cash is imperative in this case or not.
Anyway, I dont think it is adequate to carry this fight on the juridical stage is it? Maybe if talking to the school fails again I will ask for help from the Labor Court for this one. If nothing helps I will use all my sick leave days to get time off.
Thank you guys, and no need to stress^^
1. Leaves The employee is entitled to request for full-paid leaves as deemed necessary during the period of each year of the term as follows:
i. Annual leaves: not more than ten working days.
ii. Sick leaves: not more than fifteen working days. In case that the sick leaves is more than five consecutive working days, it must be shown with an official certificate proved by physician.
iii. If the employee has taken sick leaves in excess of fifteen working days, the annual leaves given under
(i) may be used to accompany with a certificate of an excess thereof. iv. The employee is not entitled to receive remuneration for the number of working days of leave which are over those allowed. The deduction of remuneration shall be one-twenty-second of the monthly remuneration for one working day.
1. Vacation The employee shall be entitled to 2 vacation periods annually, 2 weeks in October and one month in April with full pay.
I think (but am not certain) that you are being hoodwinked intentionally (maybe by ignorance) into believing that you are not permanent. The simple test that you can do (and the courts will do the same test) is thus - is the POSITION a permanent one. If the position is permanent, with reasonably equal T&Cs for each employee, then the position is most definitely permanent and you should be treated as thus.
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Classic case of foreign teachers divided= foreign teachers exploited. On your own I would say you're pretty powerless. Maybe try to arrange a meeting with all the foreign teachers and see if you can come to some common strategy. I have a friend in a similar position who can't understand why his school treat what he says is a good foreign teacher team so badly. They do it because they get away with it. the best of luck
Public holidays are like bank holidays back home, not school holidays
"The section also says in the following year the employer should raise the number of annual leaves." Is that true Stamp?
Here's the link to the act. Thailand.Labour Protection Act, 1998
Also, for your information, below is the link to the standard employment contract from the Ministry of Labour, Office of the Foreign Workers Administration.