My employer haven't paid me for last 5 months

[Youocean]

Hi,friends 

I am a yoga teacher working in bangkok I have non-b visa and work-permit, my employer haven't paid my salary for last 5 months and I told my employer if she dont pay. I wont work and then she stop giving my work and classes, like she has terminated me unofficially. I went to labour department and officer said it will take around to 2 month to complete the case, if she didnt pay then labour department will issue a inspector on company and me to investigate.

 

Am going to work-place every day, I.never stop going there. But I dont work because the employer didnt give me work and I didnt resign. 

 

What do you think will this work or the officer will take tha citizen side.. as am a foreigner.

 

Have like this happen to anyone here.. please share your story to me 

 

Thank you 

[ubonjoe]

A post flaming the OP has been removed. Any repeats of it will result in a formal warning.

[sanuk711]

You go to her place every day......and sit there all day, and nothing is said between you both ??

 

[shadowofacloud]

Could you please specify (ideally via PM) which yoga school treats their employees this way? Thanks.

[duanebigsby]

You should have sorted this after first month.

Labour Department next step.

[richard_smith237]

OP: You have a work permit, was it issued for work specifically at this Yoga School?

 

Is the work permit specifically for work as a Yoga instructor? 

 

Do you have a written contract?

 

IF yes to the above questions you will have a very strong case with the labour Department who tend to favor the employee. Being a foreigner has no bearing, you will be treated as a Thai would in similar circumstances. 

Edited July 6, 2018 by richard_smith237

[scoutman360]

I think you have no worries if the labor department gets involved. Be strong and don't ever let them cheat you.

[RBOP]

Continue close contact and advice of  labour department. Do have a plan B? i.e. looking for another job?

[FritsSikkink]

Labor department doesn't look at nationalities and favors the workers.

[VocalNeal]

You have to continue to go as if you miss 3 days in a row. She can legally dismiss you.

She didn't dismiss you at the first instance because she would have to have paid you 3 month's money in lieu of notice. She simply fired you the "Thai way" 

While all this is ongoing look for a new job.

[TheFishman1]

Why you wait so long 

[RoyLee]

13 minutes ago, FritsSikkink said:

Labor department doesn't look at nationalities and favors the workers.

Thats good to hear. My Thai gf has been stiffed her last 3 jobs (accountant). First wouldn't pay as she hasn't worked a full month before she quit. Second paid only half as they had cash flow problems. And the third said they'll lump her first week's pay in with the next month as it was the last week of the month. All jobs paid end of month. Gf said no recourse but will discuss again

[FritsSikkink]

2 hours ago, RoyLee said:

Thats good to hear. My Thai gf has been stiffed her last 3 jobs (accountant). First wouldn't pay as she hasn't worked a full month before she quit. Second paid only half as they had cash flow problems. And the third said they'll lump her first week's pay in with the next month as it was the last week of the month. All jobs paid end of month. Gf said no recourse but will discuss again

Just go, she will win.

[Tchooptip]

No answer from OP after 17 hours???

[Media1]

Have someone video them while you ask why she not pay you for 5 months. DO it in front of others. And keep doing it daily 

[overherebc]

1 hour ago, FritsSikkink said:

Just go, she will win.

Always thought you had to get past probation 3 or 4 months before the rules kick in. Until then either side can terminate but must pay all that is due in salary/wages.

[gtm2k]

I suggest that you immediately file a case in the labour court. Labour court is very pro-employee and will get you the appropriate compensation.

However, be prepared to have an alternative job at hand.

 

Before doing this however, take a good full attempt at resolving the situation using talk and chit chat.

[SOTIRIOS]

...5 months...???

...suggests something else was going on...which you don't mention...???

[stud858]

Please do let us know how the labour dep. ends up treating you.

I may be next in line. 

[Youocean]

On 7/6/2018 at 8:57 PM, richard_smith237 said:

OP: You have a work permit, was it issued for work specifically at this Yoga School?

 

Is the work permit specifically for work as a Yoga instructor? 

 

Do you have a written contract?

 

IF yes to the above questions you will have a very strong case with the labour Department who tend to favor the employee. Being a foreigner has no bearing, you will be treated as a Thai would in similar circumstances. 

Hey thank you for your response.

Yes I have work-permit under the name of the yoga studio where I work & it specifically says am a yoga instructor. But I don't sign any contract with my employer i have been for working for them for last 5 years + .

[stud858]

I wanted to download some info from the Thai. Gov website regarding employer employee rules and the link did not work.  I've emailed them and even asked them for some help.  Let's see if what people say is true and if they will help. 

 

https://www.labour.go.th/en/

Edited July 10, 2018 by stud858

[BritTim]

12 hours ago, stud858 said:

I wanted to download some info from the Thai. Gov website regarding employer employee rules and the link did not work.  I've emailed them and even asked them for some help.  Let's see if what people say is true and if they will help. 

 

https://www.labour.go.th/en/

If you visit your local labor office in person, they should be sympathetic. Contacting a government organization in Thailand to say there are issues (such as broken links) on their website is an exercise in futility. It is very rare that such a website works, and they do not care.

[stud858]

2 hours ago, BritTim said:

If you visit your local labor office in person, they should be sympathetic. Contacting a government organization in Thailand to say there are issues (such as broken links) on their website is an exercise in futility. It is very rare that such a website works, and they do not care.

I get what your saying and it's not just Thai. I remember the days when there was decent customer service.

 

Will they brush me off with a phone call as well ? Is it a must to visit their office first off?

Edited July 11, 2018 by stud858

[stud858]

2 hours ago, BritTim said:

 

My browser is going nuts.  Duplicate posting.  Sorry. 

Edited July 11, 2018 by stud858

[ubonjoe]

15 hours ago, stud858 said:

I wanted to download some info from the Thai. Gov website regarding employer employee rules and the link did not work.  I've emailed them and even asked them for some help.  Let's see if what people say is true and if they will help. 

 

https://www.labour.go.th/en/

Were you looking for the labor protection act. https://www.labour.go.th/en/attachments/article/18/Labour_Protection_Act_BE2541.pdf

[stud858]

3 minutes ago, ubonjoe said:

Were you looking for the labor protection act. https://www.labour.go.th/en/attachments/article/18/Labour_Protection_Act_BE2541.pdf

Thanks. I'll read through. 

Do you know if there is anything in it regarding un-contracted full time work.  I'm guessing those that work 50+ hours a week in a massage shop with one day a month off and no sick days etc are somehow exempt from these rules. 

[stevenl]

52 minutes ago, stud858 said:

Thanks. I'll read through. 

Do you know if there is anything in it regarding un-contracted full time work.  I'm guessing those that work 50+ hours a week in a massage shop with one day a month off and no sick days etc are somehow exempt from these rules. 

They're not officially employed.

[stud858]

55 minutes ago, stevenl said:

They're not officially employed.

That's one more point why I think the Labour dep. is not in to helping workers.  If they were, they would make such employment (non employment type employment)  illegal.  But I'm a dreamer. I dream one day the disadvantaged will be given fairness.