BrianCR
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Posts posted by BrianCR
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LOUSE 1953 said "You don't get it,working and thieving are two seperate issues."
I don't get it? I have already explained that in my posting, maybe it's you who doesn't get what the poster is seeking - real practical experience based on Thai law?
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I just noticed the unpaid trial bit - this is not legal if employing but you could offer an unpaid internship for training reasons with the possibility of a full time position after completing the internship. The biggest problem here is that because of the unpaid bit you might encourage the person to steal with his/her view that he or she has to live for that week! I do have every sympathy for you as both you and I know that the hardest thing about running a business here in Thailand is staff behaviour!
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It's on it's way up (I hope) my pension from 2 days ago is the highest exchange I have received in quite few months! - GO GBP - GO!
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The amount is irrelevant as stealing is stealing. Always remember the labour department is heavily weighed on the side of the employee and at local labour department level it is generally safe to say that the officer dealing with it will interpret the law to suite the occasion and the ex employee. What they are looking for is a quick agreement without going to court therefore, it is always better to have as much evidence as possible to back up your claim.
HiUnder Thai labour law you are NOT allowed to stop any money from salary unless the employee agrees with this in writing. If stoppages are included in a written contract money maybe stopped unless the employee claims that they were (forced to sign that contract). In the case of theft you are legally entitled to dismissed the employee without notice or any such other payment other than the time actually worked.
The theft should be reported to the police and legal action taken to protect yourself against a future claim for wrongful dismissal. You may then also start a civil case to recover your property BUT, legally you can't stop it from the salary!
In practice things work slightly differently, before you pay salary, you inform the employee that you intend to call in the police and prosecute or that the employee returns the goods or signs an agreement stating that he or she stole the goods and offers his or her salary by way of compensation. In return for doing this the police will NOT be called in! Most employees will agree with the latter part.
Thanks for that, as i mentioned in the past when employees were caught stealing and police was called, nothing happened, police did not even follow up, even when i pressed charges.
So are you saying that even police were not to take action, still need to file a police report? even for employees who are on probation so dismissing them is not a problem
Yes if it comes to that (reporting to the police) which should always happen to save a wrongful dismissal case against you however, as I said it is much better to try the threat of getting the police involved but then offer to relent if they sign a document admitting the theft and agreeing to reimburse you by returning the goods or allowing you to keep the wage. The threat of doing it is the important part but, if they won't agree with wage and signing then you must report it to prevent a wrongful dismissal case against you. Hope that is a bit clearer
Thanks for clarifying. In my last case, it is caught on CCTV, admitting or denying makes no difference as there is hard evidence of making a sale and putting money into the pocket..
In my case employee only worked for 4 days so dismissal is not an issue, its only the matter of pay for 4 days.
The amount is dismal, but its the matter of principal paying someone who is a thief.
I have personally defended my company perhaps 5/6 times at a labour court and won each time (I get a kick out of doing it). Judges are generally fair but make silly statements quite regularly.I quote the following case as an example;
One employee who had only worked for us about six months decided to quit, formally gave his one month notice and was due to be paid his salary. However my company had a ruling that "at the MD's decision, employee's would be paid a monthly bonus of not more than 20% with this bonus not applying to the first or last month of employment". As this employee had only worked 6 months and we had spent a large amount of money and time on training him (in video editing) I decided that the 20% bonus would not be paid.
He went to the labour department and I (with a translator) attended. I told the officer (who tried his hardest to get us to pay) that I would not and will happily go to court. About a month later we all attended court and the employee gave his version to the 3 judges who were hearing the case. After his evidence it was my turn so i asked the court if a legally signed agreement is accepted in Thailand, they said yes and so I produced the employees contact of employment and my translator read them the rule then, passed the contract to them for examination.
The leading judge asked the employee to leave the court and then said to me that the contract was indeed legal but, as the amount of money was so small he thought that we should have paid it. I replied that I agreed that it was a fairly small amount and then invited him to multiply it by 500 (the number of employees we had) offering him the suggestion that after doing that it didn't seem to be so small!
He recalled the employee into court and dismissed the case! The moral? They will constantly try until the end to get you to pay!
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HiUnder Thai labour law you are NOT allowed to stop any money from salary unless the employee agrees with this in writing. If stoppages are included in a written contract money maybe stopped unless the employee claims that they were (forced to sign that contract). In the case of theft you are legally entitled to dismissed the employee without notice or any such other payment other than the time actually worked.
The theft should be reported to the police and legal action taken to protect yourself against a future claim for wrongful dismissal. You may then also start a civil case to recover your property BUT, legally you can't stop it from the salary!
In practice things work slightly differently, before you pay salary, you inform the employee that you intend to call in the police and prosecute or that the employee returns the goods or signs an agreement stating that he or she stole the goods and offers his or her salary by way of compensation. In return for doing this the police will NOT be called in! Most employees will agree with the latter part.
Thanks for that, as i mentioned in the past when employees were caught stealing and police was called, nothing happened, police did not even follow up, even when i pressed charges.
So are you saying that even police were not to take action, still need to file a police report? even for employees who are on probation so dismissing them is not a problem
Yes if it comes to that (reporting to the police) which should always happen to save a wrongful dismissal case against you however, as I said it is much better to try the threat of getting the police involved but then offer to relent if they sign a document admitting the theft and agreeing to reimburse you by returning the goods or allowing you to keep the wage. The threat of doing it is the important part but, if they won't agree with wage and signing then you must report it to prevent a wrongful dismissal case against you. Hope that is a bit clearer
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Under Thai labour law you are NOT allowed to stop any money from salary unless the employee agrees with this in writing. If stoppages are included in a written contract money maybe stopped unless the employee claims that they were (forced to sign that contract). In the case of theft you are legally entitled to dismissed the employee without notice or any such other payment other than the time actually worked.
The theft should be reported to the police and legal action taken to protect yourself against a future claim for wrongful dismissal. You may then also start a civil case to recover your property BUT, legally you can't stop it from the salary!
In practice things work slightly differently, before you pay salary, you inform the employee that you intend to call in the police and prosecute or that the employee returns the goods or signs an agreement stating that he or she stole the goods and offers his or her salary by way of compensation. In return for doing this the police will NOT be called in! Most employees will agree with the latter part.
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Yes, believe it or not, there is a very large (around 2900 students) school in Mai Sai which operates a multi-language section teaching English,Chinese, Korean and Burmese and you would be amazed at the standard spoken! By the way it's a government school and my guess is that if i know of one there must be a lot more around!Anyone know of any government or private schools that teach Chinese, Korean and/ or Russian well enough and to a level where 4th grade students would be accurate and fluent enough to become one of the 4000?
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, I was alerted by the Sunglass seller who ran up the beach to grab me.
Where the hell did she grab you? LOL
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Hey Winnie, can you explain what you are talking about or, give me something that you are on? Good luck!Ah going against the right to protest, red democracy in action.
And we still have the military junta to thank for that gem. (The ISA). They cooked it up in 2007 after committing a military coup. Along with a constitution that you can barely call democratic.
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No! I got it, monkey, help monkey! Right?
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As I said before, why look for intelligent life on other planets when there is none here!
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If anyone understands that report, please explain it to me
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I'd have passed out as well, when the girlfriend told me how much she was charging!
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Was he was rushing to join in the fight between the Welshman and the Australian?
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How can we find intelligent life on other planets when we can't find any here?
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Are they all retired? Well they should be!
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Is it the babies most are welcoming?Here in Pattaya, famous family resort, we welcome moms with their babies!
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Khun Opchoy is also wanted on an arrest warrant after he failed to report for compulsory conscription to the Thai Armed Forces after being chosen by lottery, to serve a minimum term of 2 years military service. This I find "hard" to believe he'd love being conscripted with all the "other guys"!
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Applying as a teacher you STILL need to have a job first in order to get a Non B - amongst the documents required to get the visa are: education certificates, contract and letter of appointment from school and the visa fee. I you don't have these documents and just turn up saying that you want to be a "teacher" they will refuse you!Unless you are going to work as a teacher you will not get a B visa unless you have already applied for work permit at any nearby consulate or embassy.
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You're partly correct, if however he wishes to avoid border runs he just needs to take it and the documents to an immigration office where THEY will change it to the work permit date. On the other hand don't go and join the long visa run queue!
This is not correct, since if the OP has a One Year Multiple Entry Non Immigrant Category 'B' Visa (issued by Thai Consular facilities in other countries), then the visa expiry date/entry stamp is never locked to the WP expiry date, or for that matter to thaving a Work Permit per se.To answer the question correctly, once the work permit has been issued the holder needs to take it (with copies of the same paperwork given to the labour department by the employer) to the local immigration office who, will then change the date in the passport to match the expiry date in the work permit! Very simple proceedure
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To answer the question correctly, once the work permit has been issued the holder needs to take it (with copies of the same paperwork given to the labour department by the employer) to the local immigration office who, will then change the date in the passport to match the expiry date in the work permit! Very simple proceedure
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By the way Grammy Entertainment's CEO is Police General Ittiwat (also CEO of Channel V) and a right git to deal with!
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He doesn't need to get in touch with them, his UK record Company does! They will not even listen to him. My problem steams from the fact that if his UK record company doesn't know this, what sort of recording company is it, and would the Thai recording companies even listen to them?You want to get in touch with either MGM Grammy Entertainment or RS Promotion, the two largest music companies in Thailand.
Both of them operate websites and with a little research and calling them up it should be easy for you to arrange a meeting with either to negotiate a potential record/marketing deal.
However, be prepared that they most likely will offer a cut-throat contract securing themselves a considerable percentage of any revenues generated from such a deal, as well as binding your son exclusively to their label.
Good luck!
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In most schools kindergarten are separated from the older kids and some (maybe)are taught by foreng but supervised by Thai (teachers?) people. The teaching assistants are generally lazy and only think of themselves. That's why this stuff happens!
Crackdown on 'rumour-mongering' is the wrong message: Thai editorial
in Thailand News
Posted
As I said before, under the Army's new policy any coup that may or may not be planned will only take place on either a Friday or Monday, giving the level headed citizens of this country an extra long, well deserved weekend break! If the army forget this rule then the citizens themselves should call a non-military coup!! In the mean time have a nice week and see what happens Friday or Monday!