AIT GAZETTE
Issue No. 12
19 SEPTEMBER 2000
Report of the 5 September 2000 Reform Process Committee (RPC) Meeting
A. Matters for Information
1. PEC members along with Staff and Labour Union Representatives met with Legal Advisor on 29 August 2000 to discuss issues of general concern. The main item discussed was the introduction and validity of the clause in the contract renewal of staff which states that 'in the event that the Institute becomes obligated under Thailand's labour Laws to disburse end-of-contract compensation, the Institute's contribution to your ISF would be counted towards such compensation'. The following is a summary of the discussions.
The Legal Advisor explained that the applicability of the clause is to a large extent dependent on the extent to which the 1975 Labour Relation Act and 1998 Labour Protection Act could be enforced on AIT. The terms of employment for permanent local-hire personnel dated 12 October 1981 is a collective agreement unlike those for non-permanent local hire staff, international staff and faculty which is on an individual understanding as per the AIT P&P.; From a legal standpoint the clause could be enforced for the latter. According to the Charter of AIT and Exchange of Notes between the Southeast Asia Treaty Organization and the Ministry of Foreign Affairs of Thailand dated 9 February 1967, AIT is indeed a non-profit sharing institution for graduate studies in engineering and allied sciences and, therefore, it is justifiable that the Labour Protection Act not be enforced on AIT. However, certain operations within AIT may be viewed as being for profit making and the law may be applicable to only the said operations. In this regard, the Institute has taken steps to protect the reputation of AIT and to reaffirm its position as a non-profit institution. Although AIT can claim exemption from the Law it should offer its employees the minimum of what is required by the Act and adhere to the basic rights of all employees.
2. Members were provided with copies of the AIT Reform Plan Summary Table which will be presented at the meetings of the Board starting 11 September 2000. The report is based on the deliberations of the Reform Implementation Committees and has been reviewed and endorsed by the Reform Steering Committee.
3. The International Staff Representative raised the issue on the attractiveness and criteria for the awarding of the early retirement scheme and requested if an alternative proposal could be put forward. The IS Representative was invited to submit a proposal in a format similar to the current proposed scheme for ease of comparison.
On the criteria for awarding, it was pointed out that the approval of the applications will be at the discretion of the administration and in close consultation with the concerned unit heads and on a mutual consent basis with the employee. The scheme must take into consideration both the interest of the Institute and the welfare of the concerned unit and individual.
B. Next Meeting
The next RPC meeting will be held on 19 September 2000, 11:00 a.m. in the Board Room, Administration Building.
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