Yet more free Thai legal advice! Employers face jail if they dock workers who arrive late.

 

 

In what seems to be great news for workers who arrive late at work a leading online lawyer has said that employers face jail for docking workers salaries. 

 

Rachapon Sirisakorn - he's the lawyer in the red dicky - said on Facebook that employers can't just cut workers salaries willy nilly. 

 

It has to be done according to the statutes laid out in the labor code Article 76.

 

If employers break the law then can be jailed for six months or pay a fine of up to 100,000 baht. 

 

Earlier in the week Rachapon and another knowledgeable brief warned the public they could face jail for saying Thai women's breasts are small and calling people water monitors.

 

Source: Facebook

 

 

-- © Copyright Thai Visa News 2018-08-11

just fire them instead, if workers are continually late get rid of them, no need to dock their wages.

 

So according to this legal guru, if staff shows up 4 hours late, company can not cut their salary and must pay?

 

amd if they start to show up late everyday , not only company can not cut for unworked hours but must also give warnings and time to rectify their lateness before being able to kick them out?

 

yup, 1 sure way to kill a few businesses around when staff could not care less as it is 

5 minutes ago, BestB said:

So according to this legal guru, if staff shows up 4 hours late, company can not cut their salary and must pay?

 

amd if they start to show up late everyday , not only company can not cut for unworked hours but must also give warnings and time to rectify their lateness before being able to kick them out?

 

yup, 1 sure way to kill a few businesses around when staff could not care less as it is 

started in the West. it's a nothing industry otherwise known as HR

1 minute ago, Happy enough said:

started in the West. it's a nothing industry otherwise known as HR

Only in the West people seem

to care about keeping their job, where is in Thailand they often do not show up at all or go missing for days , not to mention working spans for few months if lucky 

How will the gogo bars adjust, all the latecomers, the dance floor will be empty for the first few hours after opening. 

I'm beginning to think that this legal advice is pointed directly at foreigners only.  These directives are questionable at best.  In Western countries, the law is based on precedents, or basically previous court decisions that rule in one direction or another (i.e. Roe vs. Wade.)  Perhaps the good lawyer can give some court precedents for people being jailed for either offence.

 

If not, it appears that this advice is basically a scare tactic/propaganda to keep foreigners in line.

Edited August 11, 20187 yr by barefootbangkok
Revision

common practice at some schools

What he did not mention this "guru" lawyer is that 3 written warnings for being late in 1 month

&  it's  a strike out if the employer wishes

16 minutes ago, BestB said:

Only in the West people seem

to care about keeping their job, where is in Thailand they often do not show up at all or go missing for days , not to mention working spans for few months if lucky 

not in any companies i've worked at otherwise they'd have been sacked whether in thailand or the west.

i'm pretty sure most thais care about keeping their livelihood btw

54 minutes ago, BestB said:

So according to this legal guru, if staff shows up 4 hours late, company can not cut their salary and must pay?

 

amd if they start to show up late everyday , not only company can not cut for unworked hours but must also give warnings and time to rectify their lateness before being able to kick them out?

 

yup, 1 sure way to kill a few businesses around when staff could not care less as it is 

Bear in mind this is the same guy who claimed someone could be jailed for calling a woman's breasts small. 

27 minutes ago, Happy enough said:

not in any companies i've worked at otherwise they'd have been sacked whether in thailand or the west.

i'm pretty sure most thais care about keeping their livelihood btw

 

First reasonable post in this thread.

 

I would even say, that Thais are hard working. And look at all the companies, how could they flourish if workers would come and go as they wish ?  I see people working here early morning and late night. Bus companies, airlines, supermarkets, hospitals... you name it.

Thai companies don't need to complain. It's rather the companies that treat the employees often in an unfair manner.

No secret why the Thai economy is in such bad shape. I've never had a job where I could come in whenever I felt like it.

1 hour ago, BestB said:

So according to this legal guru, if staff shows up 4 hours late, company can not cut their salary and must pay?

 

amd if they start to show up late everyday , not only company can not cut for unworked hours but must also give warnings and time to rectify their lateness before being able to kick them out?

 

yup, 1 sure way to kill a few businesses around when staff could not care less as it is 

Just as in just about any 'Western' country.

3 hours ago, seajae said:

just fire them instead, if workers are continually late get rid of them, no need to dock their wages.

 

Well wouldn't that be worse --- for the employer????

Maybe this "lawyer" can wear the same suit as bigjoke ?

 

1 hour ago, barefootbangkok said:

I'm beginning to think that this legal advice is pointed directly at foreigners only.  These directives are questionable at best.  In Western countries, the law is based on precedents, or basically previous court decisions that rule in one direction or another (i.e. Roe vs. Wade.)  Perhaps the good lawyer can give some court precedents for people being jailed for either offence.

 

If not, it appears that this advice is basically a scare tactic/propaganda to keep foreigners in line.

In the west you usually have a contract or terms of employment ie

start/finish times
holiday entitlement
salary or hourly rate, OT rate etc etc

break that you're in breach of contract.. disciplinary action starts..

verbal warning, written warning & bye bye
 

If paid by the hour you are just paying them for the hours they worked not deducting their pay.

Seems that the head line and the article don't match. In the  article it states that they can dock pay but only according to the law. They can't deviate from the law in a way that is negative for the employee. 

 

So seems a case of a not so accurate headline.

1 hour ago, hotchilli said:

In the west you usually have a contract or terms of employment ie

start/finish times
holiday entitlement
salary or hourly rate, OT rate etc etc

break that you're in breach of contract.. disciplinary action starts..

verbal warning, written warning & bye bye
 

But no salary cut

 

I like small breasts, big ones and middle of the road ones, nice firm ones, but not the long paw paw ones. I draw the line there. 

 

You just get the person to finish work the time equal to that lost when late.

 

I have never called anyone a water monitor.

 

What's his strike rate winning/lost cases.

3 hours ago, rickjza said:

How will the gogo bars adjust, all the latecomers, the dance floor will be empty for the first few hours after opening. 

Instead of cutting money, give incentives! Ever thought about this possibility?

1 hour ago, rwill said:

If paid by the hour you are just paying them for the hours they worked not deducting their pay.

And no bar fine? The farang bar owners would dance of joy!

4 hours ago, BestB said:

if they start to show up late everyday , not only company can not cut for unworked hours but must also give warnings and time to rectify their lateness before being able to kick them out?

Yes, they can't. They have to follow the legal procedures. And that is, what was said by the lawer. Those who can read have a distinctive advantage.

It really is getting boring. Why is it that almost everything has to be a threat of a jail sentence? Is this the only way the governing bodies can get their point across? A jail sentence for telling a lady her breasts are small. Seriously Thailand, what have you become?

59 minutes ago, bermannor said:

Yes, they can't. They have to follow the legal procedures. And that is, what was said by the lawer. Those who can read have a distinctive advantage.

So that counts you out then? Last time I checked it was against forum rules to modify quoted text ?

5 hours ago, rickjza said:

How will the gogo bars adjust, all the latecomers, the dance floor will be empty for the first few hours after opening. 

There are many reasons bar girls and dancers etc get their income docked or they are "fined" and arriving late is just one of them.  But that is mainly Thai employers so different rules apply, of course.

I struggle with staff here, I dont know why, I mean the women usually have tiny tits are frequently late and  look like water monitors, once I've mentioned this they up an leave.....useless all of em!

I am not a fan for late comers but I know majority of the lower scale companies are always exploiting their workers.

6 hours ago, rickjza said:

How will the gogo bars adjust, all the latecomers, the dance floor will be empty for the first few hours after opening. 

Ah go go bars,the backbone of thailands industry with the bonus of farang building houses and repairing villages and social security system for families and lazy illegitimate offspring.sack the lot,tell them if you don't get in on time take it someone's got your job.my mrs family are very hard working with not much but happy.my mrs and here baby boy(gangsta) could never hold down a job for more than a week.in fact they wouldn't turn up for sure.

 

7 hours ago, barefootbangkok said:

I'm beginning to think that this legal advice is pointed directly at foreigners only.  These directives are questionable at best.  In Western countries, the law is based on precedents, or basically previous court decisions that rule in one direction or another (i.e. Roe vs. Wade.)  Perhaps the good lawyer can give some court precedents for people being jailed for either offence.

 

If not, it appears that this advice is basically a scare tactic/propaganda to keep foreigners in line.

Your forgetting we are in Thailand where previous court rulings or precedents don't mean jack shit out here.