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Below is a genuine example of typical contracts practiced by private schools in Thailand, and is by no means the most most restrictive nor the most vague and ambiguous. The school it refers to has been blacklisted by serveral web sites. It is NOT an NELC contract.
An NELC contract clearly states the precise content of all expectations, eventualilties and (much milder) penalties and is therefore somewhat lengthier. The NELC contract is also professionaly printed on headed stationery.
On accepting an offer of employment, NELC staff are sent a copy of their contract to review before making a final decision.
The comments inserted in blue show some of the major differences of working at NELC.
"The Employer agrees to appoint the Employee as a teacher at xxxxxxxxxx. Duties include teaching the appointed timetable, lesson preparation, making of notebooks, workbooks, worksheets, tests, etc., keeping of records, curriculum and resources development, preparation of examinations, relief teaching before and after School duty, and extra curricular activities. The Employee is required to be at the School from 7.30 am to 4.00 pm Monday to Friday. One duty day per week will be required. teachers will be required to stay until 4.30 on duty days. The Employee will be expected to attend extra curricular activities and special celebrations that may occur outside regular School hours. These will not number more than four per academic year. The Employee will be expected to attend an English camp, not exceeding four days. NELC staff are NOT required to be present at any activities which fall outside normal working hours or on weekends or during vacations. They are not required to carry out any supervisory duties.
The Employer offers a term of appointment from..........to.......... The first 3 months are a probationary period, after which the Employee's appointment will be confirmed.
The Employer agrees to pay the Employee..........baht per month until the Employee has successfully completed probation. once the Employee has successfully completed the probation, his/her salary will be???per month until the remainder of the contract. NELC employees receive FULL salary from the beginning (unless on a pre-arranged training programme,
The Employee is ultimately responsible to the Director and is under the supervision of an Assistant Director.
The Employee shall at all times perform skilfully and diligently all the duties and work considered by the Director to be within the scope of, or incidental to, the Employee's employment with the School, or which may be reasonably regarded by the Director as being within the capabilities of an Employee engaged in such employment.
An Employee's assignment shall be subject to suitable modification within their field of competence, and shall be determined by the Director on the basis of the best use and distribution of the total Employee talents available at the School.
The Employee shall obey and comply with all lawful instructions, directions and orders given by the Director or designate.
The Employee shall not copy, pass-on, share, or sell any curriculum documents, resources or School pedagogical techniques either wittingly or unwittingly, whether property of the School, or developed by the Employee for use in the School. Sharing resources within the School is acceptable.
The Employee will receive a cash payment in Baht each month no later than the second day of the following month. NELC salaries are paid during the last full week of the current month.
Employees will receive 12 months salary for 12 months of service. 12 months of service includes teaching Summer School and an Academic Year. NELC contracts are for 10 months. Optional light Summer Camp work, often paying more than a normal month's salary, is offered for March, the first month of the Summer Vacation. Medical insurance and accommodation are provided on a full 12 month basis.
DOCUMENTATION
The following documentation must be submitted on arrival:
original university degree, testimonies and transcripts.
Marriage certificates or other documents that legally change the names as listed on degrees, transcripts and other documents.
Letter of reference from previous Employer stating the dates of employment.
Disabilities that could negatively affect his/her ability to accomplish the tasks assigned. The Employee shall bear the cost of the certificate. This is to be obtained in Bangkok at a clinic designate by the School.
Leave of Absence
Medical and personal appointments are to be made outside of School hours.
The Employee shall receive paid sick leave not exceeding 10 days per year. beyond this, compassionate leave may be granted at the discretion of the Director. Sick leave is not accrued nor reimbursed upon termination of service. A physician's certificate shall be required for sick leave of more than one day.
Sick leave in excess of ten days will be deducted from the Employee's monthly salary at a daily rate, calculated by the number of working days in the month.
Long term illness, depending on the circumstances, may result in the deferral or cancellation of the contract. This is by mutual negotiation between the Employer and the Employee. Ultimately the decision rests with the Director.
Absence on extracurricular days or special days will result in a full day's pay being deducted. A medical certificate is required for absence due to illness.
Confidentiality
All Employees will at all times respect the confidentiality of contractual details, salary levels and other matters, which may involve personnel and students within the School. Failure to do so can result in termination of the contract without notice.
Grievance
The individual should discuss any concerns arising out of the Employee's contract as follows:
- Any concern about apartment, Employees should consult the administration of foreign department.
Any concern about academic purposes, Employees should consult an academic head of each building.
Termination of Employment:
The Employer may terminate the contract if any of the following situations arise:
If the Employee commits any breach of this contract or does not abide by the General Terms and Conditions of the Handbook. In this case no notice is necessary.
Within a 3 month probationary period from the commencement of the contract, or thereafter, if an unprofessional level of teaching is evident. Due notice, in writing will be received from Director, Assistant Director.
If the Employee is found to have committed any of the following offences:
Criminal behaviour or sexual misconduct towards the students, staff or School property.
Disrespect for Thai culture or the ethos of the School.
Any action which directly or indirectly brings the School's name into disrepute.
Employees may terminate the contract if any of the following situations arise:
Civil unrest in Thailand which may directly affects the Employee's safety.
Illness or medical complications which could risk the Employee's health and are verified by a medical doctor's report.
In circumstances which are mutually agreeable between the Employer and the Employee.
If the Employee's contract is terminated or the Employee wished to leave prior to its full term being completed, the Employer has the right to:
Withhold the final salary and deduct:
- amounts to cover School expenses in recruiting the Employee.
- furthermore, if the contract is terminated within the probationary period an additional penalty of the Employee's total salary paid to date can be deducted from the final salary.
In the event that the final salary does not cover these deductions, the Employee may be obliged to reimburse the School the requested amount within 30 days of termination of the contract, after which legal proceedings would commence to recover such amounts.
If the Employee wishes to terminate the contract, a minimum of 2 months notice, in writing, is preferred. Such notice must be lodged directly with the Director. Please note that the School is legally required to notify the relevant Thai government bodies in writing when any contract is terminated by the Employee or the Employer.
Declaration of Information
it is a condition of employment that the information furnished by the Employee to the School or its representative, as to the record of abilities and other matters, are true and correct in every detail and that the Employee has not withheld any material information relating thereto. If any such information is withheld or found to be incorrect whether purposely or not, the Employer may terminate or amend the contract retroactively.
General terms and Condition
The Employee is ultimately responsible to the Director.
Expectations:
xxxxxxx School is a private Thai School with Thai students and Thai parents with Thai expectations. Therefore, there are many differences between xxx Schools and Western Schools. Many working assumptions that Western teachers have about 'School,' do no apply to teaching in Thailand. There are events and responsibilities that do not fall under the duties of a teacher in the West.
It is important that teachers are flexible, patient and tolerant of others. An open mind and a cool head are important qualities of living in the East.
Extra effort is necessary for coordination with teaching partners. teachers must work hard to keep lines of communication open and to maintain positive working relations with the rest of the staff.
Thai teachers are often asked to carry out duties not expected of foreign teachers e.g. cleaning rooms, serving lunch, Schools days on Saturday and Sunday.
A very limited substitute teacher system exists and teachers often cover for each other when someone is absent. At NELC Substitution is paid extra as overtime.
The administration system does not accept open challenge or tolerate fast change.
Attendance:
If teachers have to leave the School during the day, they must obtain permission from the Assistant Director and sign the absence book. This must be filled in before they leave the premises and initialled on return.
Taxation:
Income tax will be deducted from the Employee's salary an forwarded to the taxation Department by the School. A statement will be provided once yearly for taxation purposes.
Visa and Work Permit:
The initial visa should be obtained by the Employee from a Thai Consulate. A one year category B or O non-immigrant visa is required. NELC refunds the cost of the first 12-month multiple entry visa (about 6.000 baht)
A School representative, as required, will undertake to obtain all visa extensions required to obtain a Work Permit. The cost of the extensions and the permit will be the responsibility of the School providing the Employee has supplied all the relevant documents. If the Employee does not supply the original documentation then the Employee shall be responsible for any costs in obtaining any visa, visa extension or Work Permit.
Re-entry permits, at the Employee's expense, may be organized by the School. The Employee will furnish their passport as required and comply with the requests to supply photographs and fill out documentation thoroughly.
If either the visa or Work Permit lapse due to the Employee not complying with these requests the Employee shall be responsible for any financial penalties imposed by the Department of Immigration or department of Labour and any cost associated with the reissue of the Work permit or Visa.
Requirements of the Employer:
The School requires the highest standards related to work performance at all times. The following attributes are also expected:
A genuine ability to work comfortably as part of a team. This requires cooperation at a professional and classroom level.
A flexible attitude towards frequent changes at short notice to the School routine.
A conciliatory nature in the workplace.
A genuine attempt to understand and assimilate to Thai culture.
Employees will not obligate the School in any way financially unless they are specifically authorized to do so. Employees who wittingly or unwittingly do so may at the discretion of the Board, have to make good debts wrongfully incurred in the name of the School. Approval must be obtained from the Assistant Director or Director before expenditure or purchase of books or materials on behalf of the School.
BEFORE AND AFTER SCHOOL ACTIVITIES / MEETINGS:
All Employees are required as part of their contractual obligations, to do playground duty, and other School activities on a roster system. Employees are also required to attend staff meetings and year level meetings when called. NELC foreign staff do not carry out playground, canteen or other supervisory tasks. Staff meetings are held within normal working hours, even if it means cancelling some classes to be sure all teachers can be present.
IN-SERVICE or TRAINING WORKSHOPS:
The Director may require attendance at in-service or training workshops, both in the School and at other locations. These may occur outside the normal attendance hours or days. NELC foreign teachers are never expected to attend any training workshops unless they are following a pre arranged TESOL programme. Teachers can of course voluntarily attend any workshops or seminars if they wish. To comply with new government regulations concerning teacher licences they may be required to attend a course on Thai culture.
EXTRA CURRICULAR ACTIVITIES:
The Director will require the attendance of all staff, unless otherwise notified, at all extra-curricular activities throughout the academic year, namely, Orientation Day, English Camp, Entrance Exams, Sport Day, and the Christmas Concert, all of which occur outside School hours. Due notice will be given and the number of days salary will be deducted from those who do not attend. Absences require a doctor's certificate. NELC teachers are not required to attend any extra-curricular activities at weekends, during holidays and vacations and beyond normal working hours. Classes may often be cancelled (and often are) to allow the students extra sport practice, to rehearse for special events or to go on school trips. In such cases, NELC foreign teachers are not given other duties, but must remain on the campus during working hours. Presence at the Christmas Concert and Banquet and other banquets during the year are voluntary and free.
ATTIRE AND SCHOOL CONDUCT:
Within an educational setting in Thai society, personal appearance, deportment and style of dress are of utmost importance. It is important that all foreign staff respect this aspect of Thai culture and show modesty and good sense in observing these standards at all times. Employees who continue to disregard the dress standards, after at least 2 verbal warnings, may be returned to probationary status. If the problem persists, the staff may be dismissed.
Female Employees are required to wear business like attire. Skirt lengths should not be above the knee and blouses not transparent. Any tight fitting or revealing apparel is inappropriate. Shorts, trousers, sleeveless tops and semi casual clothes are not permitted.
Sportswear is permitted for normal teaching staff only on sports day. The School usually supplies a sports shirt for every Employee.
male Employees are required to wear neckties. Short or long sleeved business style shirts and business style trousers with dress leather shoes or similar. sandals, thongs and sports shoes are not to be worn in the classroom. hair should be short, but if long, kept tidy and tied back.
NELC is very slightly stricter on maintaining dress standards and atractive uniforms are provided free for female staff.
Smoking on the School premises is discouraged and not permitted in the presence of students or on official School duties with students outside the premises. Alcohol is not permitted on the premises. At functions held on the premises outside Schools hours the Director may grant permission for the consumption of alcohol.
The School provides accident and health Insurance, after the Employee has successfully completed the probationary period. The Employee shall bear any medical costs that are in excess of the benefits provided by the insurance policies or that occur during the probationary period. Accident insurance cover for NELC staff begins on the first day of employment. Medical cover starts as soon as the insurance company has receive the proposal form - usually about one working week after start of employment.
ACCOMMODATION
The Employee shall bear the costs of the utilities (telephone, electricity and water). if the Employer cannot provide accommodation, the Employer will pay an additional 3000 baht per month towards living accommodation.
Governing Laws:
The contract shall be enforced and interpreted in accordance with Thai law. Both parties have read and clearly understood the 12 clauses of this contract, the attached appendices and the general terms and Conditions of Employment Document and agree to abide by them.
NB: These conditions of employment are subject to alteration and change by the Employer. Staff will be notified of changes as they occur. Changes to NELC contract in course of validity only concern improvements to the working conditions.