The Problem of Legal Work Protection of Private School Teachers

Abstract

Working agreement between the employees and the private school is the labor contract. However, the differences on working conditions and workload such as academic workload, teaching preparation, evaluation, caring for students and other work assignments result the determination of working hours and remuneration to be different from general employees that could not be enforced by labor law. The Private School Act B.E.2550, Article 86 assigns to protect the directors, teachers and educational personal of private school through the regulations enacted by the Private School Promotion Commission to receive the benefits not less than could earned as specified in the Labor Protection Law. However, the Educational Ministerial Regulation Pertaining to Work Protection for Private School Principals and Teachers, B.E. 2542 (1999), which is currently in force, still has legal issues as follow: (1) does not protect private school directors, managers and other educational persons that are not principals or teachers (2) does not specify compensation rate for teachers who have completely worked for 20 years (3) does not grant the retirement right in case they reach age of 60 years old and (4) there is an exemption from compensation for foreign teachers who stop working for the employer due to termination of the employment contract. Therefore, it should be revised the laws in accordance with the provisions of Article 86 of the Private School Act, B.E. 2550 (2007).