Legal Problem in Dispute between Private Educational Institute and Permanent Professor: A Case Study of Private Educational Institute Terminate Permanent Professor

Abstract

          This article aims to study legal problems in disputes between private educational institutes and permanent professors: A case study of termination of employment of permanent professors by private educational institutes. At present, causes of dispute over the said termination of employment can be divided into three categories: (1) termination of employment as a result of an administrative order; (2) termination of employment as a result of an administrative contract; and (3) termination of employment as a result of a labor contract. The study found that private educational institutes have an administrative agency status in accordance with Section 3 of the Act on Establishment of Administrative Courts and the Administrative Court Procedures, B.E. 2542 (1999). The legal relationship between private educational institutes and permanent professors are found to be of hybrid status in public and private laws. The incident that is the starting point of a termination of employment can be used as a tool to determine which category is the cause of dispute and which court has the jurisdiction over the issue. It is the duty of both administrative court and labor court to verify the legality of the provision public education services to ensure its legal merit and efficiency.