Teacher suing agency to reclaim salary deductions

Posted In: Labour Relations

  • alfate on #2578

    The said recruitment agency, which claimed to be her legitimate employer, had transferred money to the bank account of the Filipina teacher her supposed monthly salary of 25,000 baht in the past 10 months.

    There are glaring issues though.

    According the to the templated and fill-in-the-blank ‘Teaching Contract’ prepared and issued by the agency “The agency provides teaching staff to various schools. As such, the teacher will in effect be an employee of the agency, not the school at which he or she is posted. Nevertheless, the teacher will be required to abide by the rules and regulations of the school where he or she is posted.”

    However, the work permit of the teacher was issued in the name of the school, which makes the school her legitimate employer.

    Below are some of the provisions in the ‘Terms of Employment’ issued by the agency.

    • The teacher will be posted at (left blank) for the period commencing (left blank) through to (left blank)
    • The teacher will be paid a monthly salary of (left blank) Baht.
    Prorated deductions (1/30 of the monthly salary) will be made to the teacher’s salary for any missed day, whatever the reason illness, personal, visa run etc. (no work no pay)
    • Working hours are Monday to Friday (left blank) statutory and school holidays excepted. Occasional attendance on a Saturday may be required for special events.
    • No health insurance.

    The teacher printed her name, affixed her signature and filled out the date of the signing of the contract.

    The agency representative, whose full name and position were printed in an earlier paragraph of the contract, affixed her signature with no printed name and the date of the signing unfilled.

    Not a single page of the contract carried the agency’s official company seal.

    The teacher also signed an employment agreement with the school she is teaching at for a monthly salary of 50,000 baht covering a 12-month period (but only 10 months will be paid for).

    The Agreement with the school stated a paid sick leave of four days per semester.

    The Agreement stipulated that the teacher’s salaries were to be deposited at the bank account of the same person mentioned in the agency “Teaching Contract”.

    The said agency representative was not a signatory in the Agreement with the school.

    The Agreement carried the official seal of the school on every page as required by law.

    Can she win the complaint at the Ministry of Labor?

    Abangan ang mga susunod na kabanata.

    Learn more about the legal requirements of a fixed term employment contract from Tilleke & Gibbins.

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