From Classroom to Courtroom: Teacher Labour Disputes in Thailand

Key Takeaways

• Severance Pay Protections: Thai law requires that teachers receive severance pay if they are terminated without just cause. The amount depends on tenure, ranging from 30 days’ pay for short-term employees to 400 days’ pay for those with over 20 years of service.
• Fixed-Term vs. Indefinite Contracts: Fixed-term contracts generally exempt employers from severance obligations—unless the teacher is terminated before the agreed contract expiration. Indefinite contracts, by contrast, offer stronger severance protections unless dismissal falls under legal exemptions.

Teaching in Thailand

Teaching in Thailand is more than just a job in a classroom, it is an opportunity for personal and professional growth in a wonderful country.

Thailand’s education industry continues to evolve, especially with regard to the English language, and there are a variety of teaching roles available in public schools, private institutions, and language centers. To teach in Thailand, you will typically need a bachelor’s degree and a form of teaching certification.

With a lower cost of living than in many Western countries, your salary goes further. Daily expenses like housing, food, and transportation are more affordable, allowing you to enjoy a comfortable lifestyle and even save money while exploring beautiful surroundings.

While teaching in Thailand can be a rewarding and enjoyable experience, WSR Law frequently represents teachers in employment-related disputes concerning severance pay.

What is Severance Pay?

If an educational institution discontinues a teacher’s employment without just cause, such as when the business closes or the teacher is made redundant, it must provide the teacher with written notice and the appropriate level of severance pay. It does not matter whether you are a Thai or a foreign national; you are protected under the law.

Under Section 118 of the Labour Protection Act, B.E. 2541 (1998) (LPA), severance pay is defined as the compensation paid by an employer to an employee upon the expiry of the employment contract due to a specified event as prescribed under the Act.

Severance pay is calculated based on the employee’s length of service with the employer, as follows:

Severance Pay – Fixed-Term vs. Indefinite Contracts

The legal distinction between fixed-term and indefinite contracts significantly impacts severance entitlements for teachers.

For example, teachers with indefinite employment contracts are normally entitled to severance pay upon termination, unless their dismissal falls under certain legal exemptions as specified in various sections of the LPA. In contrast, teachers on fixed-term employment contracts are generally not entitled to severance pay.

Under Section 118 of the LPA, fixed-term contracts are generally exempt from severance obligations if:

• The employment contract with the educational institution clearly specifies an end date;
• The period of employment does not exceed two years;
• The contracted work involves seasonal or project-based tasks (e.g., a summer camp, ad hoc assignments, private tutoring, examination marking, etc.); and
• Employment concludes upon reaching the designated contract expiration date.

If an educational institution terminates the employment of a teacher on a fixed-term contract before the designated expiration date, severance pay may be applicable, depending on the grounds for termination.

What Are the Next Steps?

If you feel that your rights to severance pay are being violated, you should contact a lawyer immediately.

A law firm can assess your case and provide expert advice on whether your termination qualifies for severance pay.

How Can WSR Law Help You?

As professional and experienced employee dispute lawyers, the team at WSR Law assists teachers across the country with disputes against their employers.

By taking on your case from the outset, you can rest assured that our team will fight for your rights at every stage of the proceedings, ensuring that you receive what you are owed by the educational institution.