stament

Thanks @MJCM for the swift response.  How do you access the above screen in the app please as I can't see it in settings.

I have an SCB Promprcard Mastercard which is supposed to be a debit card.  However, when I try to buy things online - e.g. airline tickets and other subscriptions it always seems to decline.  Starting to think it's not a true debit card like my UK debit card and hence retailers decline it.  

Does anyone else have any issues with online payments using this or similar cards.  Starting to think I might need a Thai credit card.  I have a UK one but I want to use my Thai account as the transaftions are in THB.

Thanks in advance.

Congrats Udon Lady

Congrats Udon Lady

59 minutes ago, KhunLA said:

Get over it.  You really don't want to work for a company that doesn't want you any more for any reason.

 

Count your blessings.

Agreed but that's not the point.

I had another more specific thread but wanted to start a generic one which woukd be useful for members. 

Having done further research it would seem clear that an employer must give one of the valid reasons listed in the act in order to dismiss you, and if they don't you are likely to win the case.  Is it really that clear-cut, i.e. 100% win in all cases for the employer when the following reasons aren't followed?

Said reasons according to the law are:

• The employee performs his/her duty dishonestly or intentionally committed a criminal offence against the employer.
• The employee willfully caused damage to the employer.
• The employee committed negligent acts which caused serious damage to the employer.
• The employee violated work rules, regulations or orders of the employer which are lawful and just, and after a written warning was given by the employer, except for in serious cases with no requirement for the employer to give warning. The written warning shall be valid for not exceeding one year from the date when the employee committed the offence.
• The employee was absent from duty without justifiable reason for three consecutive working days regardless of whether there is a holiday in between.
• The employee was sentenced to imprisonment by a final court judgment. If the imprisonment is for offences committed by negligence or a petty offense, it shall be an offense that causes damage to the employer

8 minutes ago, couchpotato said:

Weird post after 10 years--sure you are still active??

I hope so unless I'm a robot or AI of some sort or my account had been hacked........

Not sure why weird?  I simply searched the topic read it and found it very interesting but what was missing was the results of posters claims......  Hence my question.  What's weird for some is normal for others i guess like eating insects in Thailand...  Each to their own I say.

Very interesting thread, kudos to all. It would be interesting if those who ha claims could have said whether they were successful or not so everyone else can understand and learn. 

Understand the thread is very old now but it's still active, wonder if all the members are....

4 minutes ago, Sydebolle said:

If your employer has cars (and most NGOs have cars), they would have a white plate with (all) black numbers - no letters whatsoever if recognized as the diplomatic representation of a country/souvereign state.

If the plates are blue with white (all) numerals, then it is an NGO or organization with diplomatic immunity (United Nations, Red Cross or the Taiwanese Trade Commission). 

If they drive around with normal Thai plates, then there is no ex officio protection. 

LOL we don't even have company cars.... we aren't an orginisation with diplomatic immunity but thanks for advising.

Just now, stament said:

Thanks for explaining. I am 100% sure they don't have any diplomatic status whatsoever.

 

 

Unfair dismissal gives you one extra month per year of employment? Interesting.... Is that documented anywhere as from what I read it said it's up to the court to decide, or is that the average award given. I did read on an old thread someone got given an extra month. I've only been there 20 months.

Thanks again.

2 hours ago, Sydebolle said:

Only diplomatic entities (i.e. Embassies, Consulates) are exempted from any legality of and in Thailand. 
So, if your NGO has a diplomatic status, then the Labour Protection Act, paragraph 118 does NOT apply. Should however your employment agreement refer to arbitration in Thailand with an eventual reference to applicable Thai law, then 118 applies. If the NGO has no diplomatic status, then 118 applies anyway. 
Good luck; if you need some legal advice, I can give you a contact who fished out everything possible back in the day. Apart from severance pay as per 118 you can, if you are NOT at fault whatsoever, go for "unfair dismissal" which will - if luck prevails - pour in another month's salary per year of employment. PM me for more if you need ???? 

Thanks for explaining. I am 100% sure they don't have any diplomatic status whatsoever.

3 hours ago, FritsSikkink said:

Consultant is just a job title.

Exactly what I said. They can call me a cleaner but it doesn't mean I am cleaning.

3 hours ago, blackcab said:

 

The Revenue Department doesn't especially care about your employment status. All they are interested in is the collection of tax.

Ok, just paid my tax due.

6 minutes ago, blackcab said:

 

Yes and no. If you were a consultant you would have to be employed by a company that then offered your services to third parties.

 

The NGO would pay the consulting firm a service fee (which would probably cover more than your cost of employment) and the NGO would deduct withholding tax from the payment.

 

The difference is that the withholding tax form would be in the name of the consulting firm who issued the invoice for your services, and not in your own name.

 

As a foreigner, how could you issue an invoice in your own name when you are not allowed to be self employed?

Many thanks for confirming.  It seems very clear to me now then that I must be an employee despite what my employer keeps saying and as such I should be covered by employment law, i.e. be covered for severance.

For my part-time teaching I don't have a company set-up but my understanding is that this is an exception for such work and I merely pay the balance of tax due at the end of the tax year.

25 minutes ago, blackcab said:

Moved to the Jobs and Business forum.

Thanks, I wasn't sure where to post, thought as it was a little bit work permit related perhaps where I posted it.

Much appreciated.

24 minutes ago, blackcab said:

 

A company has 15 days to register an employee for Social Fund after they are hired.

 

Job titles do not matter to the Social Fund Office.

 

If you were a consultant then you would be working for a consulting firm.

 

That consulting firm would have a service contract with the NGO.

 

You would not receive an employment contract from the NGO.

 

In such cases it would be abundantly clear who was the employer, who was the employee and who was the third party the employee consulted for.

 

It has to be this way. As as foreigner you cannot be a self-employed consultant.

Many thanks for the detailed answer.  This leads me to be even more convinced that I am an employee and not a consultant in the eyes of Thai employment law.  Let's hope so!

I did say to them that if I was a consultant they would have had to deduct 3% withtholding tax, etc as what happens when I sometimes do some part-time tutoring and then I submit my returns to the tax office and pay the balance, which is what I need to do today with the 31st March deadline fast approaching!

16 minutes ago, blackcab said:

 

It's not optional. Employees are required to register any employee who receives payment. Job title is irrelevant. Essentially, if the Ministry of Labour has granted a work permit, that's what counts.

 

In the case of a foreigner, Social Fund must be paid or your extention of stay will not be processed.

Thanks.  So if my understanding is correct, "consultants" who are issued a work permit and have a valid visa are required to be entered into the social security system in addition to "normal" employees?

1 hour ago, Hanuman2547 said:

Sounds like your NGO is trying to skip out on paying severance pay.  

That's my feeling too but these things are never clear-cut hence my question.  

Thanks everyone for your responses.

7 hours ago, Kinnock said:

My (non lawyer) understanding is that it applies to anyone formally employed in Thailand, including foreigners.  NGO's do not have a special exemption.

 

But you'd need an employment contract and Work Permit.  Paying social security is not a factor.

 

One month per year of employment, unless you've committed an illegal act at work.

 

I understand that not all employers have SS for their employees, indeed many private schools don't although government schools do, but I am aware there are different rules for schools which isn't the case for me.

My understanding regards Social Security is that foreigners cannot choose to pay into it themselves voluntarily unless they have already been in the SS system for 13 months and leave the organisation and then elect to pay SS voluntarily themselves which is the sensible thing to do.

The fact that my employer has paid my SS I hope would lead me to be looked upon as an employee.  Are employers allowed to register consultants in the SS I wonder?

4 hours ago, blackcab said:

NGOs don't have any exemption from the law. They have to pay severance in the same way as any other employer. The only exception I can think of would be if the NGO was in some way part of a diplomatic mission or UN type organisation, in which case while the law would still apply their organisation could not be made to pay should they decline to do so.

 

It has been said that the employee must have a contract or a work permit. In fact this is not true at all. The Labour Court takes all circumstances into account when deciding if someone was employed, and believe me they are not easily fooled by employers.

 

Consider that if a work permit or a contract was required then any employer could completely avoid prosecution by denying their employees these documents.

 

In reality the Labour Court does not work that way, and the Court would take an especially dim view of an employer in these circumstances.

 

Shame on the employer for not providing or requiring documentation provided by law, not on the employee for being put in that position.

Many thanks, what you said is also my understanding. I have a work permit and an initial contract I signed. I didn't sign the extension as I raised the issue that one of the benefits offered to other staff was missing, the air ticket home. Having done quite a bit of research I read that not having a signed contract doesn't matter as the court will look at the facts, i.e me working there and getting paid regularly.

However, my main issue is that they refer to me as a consultant in my emoyment contract. Having read up on this on the internet, it seems that the court will not look at this directly but will look at other things to determine if I am in fact an employee. I am registered for Social Security, on the payroll, receive sick and annual leave, attend staff meetings and are subject to annual appraisals like all other staff. I was also given the HR manual.  The sole reason I am referred to as a consultant are due to their internal rules which prevents them from employing foreigners. However, my argument is that that is their rules not the Thai rules and it's the Thail Law which prevails.....

They seem to be very angry that I am trying to affirm what I believe are my rights under Thai law. Should a Thai person be made redundant they would be entitled to redundancy but they argue I am not entitled for the aforementioned reasons.  I know the Thai law looks at the substance of the contract but then they quoted me this exemption for NGOs and non profit making organisations which seemed bizarre.

Thanks all.

I do plan on going to the labour office but posted on here first to get more info.

????

1 hour ago, Ralf001 said:

Yeah, Nah.

 

 

 

Thanks for sharing, I also found this but I was told by my organisation that it doesn't apply to NGOs hence my question as I am a little suspicious to say the least.... 

To be clear, severance pay with regards to being made redundant.

Not sure where to ask this question.   Do NGOs also have to abide by s118 of the Employment Act with regards to severance payments due to employees or are they exempt?

Thanks in advance.

On 3/2/2022 at 12:11 AM, stament said:

Can you be paid as a volunteer, if so are there limits or ceilings with regards to salaries?

or is the amount you get just supposed to cover food and accomodation, so a small amount like THB 10k

54 minutes ago, Bill97 said:

What is the date on that? 
 

I need help to locate it.

Monday 14th