Business threatening not to pay girlfriend's salary

[starship]

Hi,

 

Apologies if this is in the wrong forum, I thought there used to be a law forum/section on TV a while ago but I can't see anything listed now. Anyway, I recall reading threads in the past related to employment issues/problems so thought I'd ask here.

 

My gf has been training at a business for about the last three weeks. She has been paying to travel across Bangkok and back during that time and all usual expenses.

 

This is a salaried position not a commission only one. She has her final test tomorrow and the business is saying if she doesn't pass that they will not be paying her any money. She has been studying extremely hard for this position after work hours to midnight or more every day, so she is not being lazy. This can't be legal surely? I recall reading on here before that the employment office/unions are quite strong here? There are other people working with her in the same position.

 

Can any members shed some light on the legality of the business to be able to do this? Also, where can she go to get assistance if required?

 

Many thanks?

[CharlieH]

Ministry of Labor may assist in these matters.

 

http://www.mol.go.th/en/anonymouse/home

[FritsSikkink]

First read what her contract says about the situation.

[neeray]

Was there a written agreement between your gf and the employer? If so, this point should have been clarified in the agreement. If not, too late now.

Hope she passes this test okay.

[SteveK]

Sounds like if she passes, then she will get paid. Problem solved.

[blackcab]

This is not as straightforward as it looks. If she has been working, she is entitled to be paid. The Labour Court will help her get her wages.

 

If, however, she has been receiving unpaid training at the company's expense, with the understanding that she will receive a job offer if she is successful then she may not be entitled to be paid.

 

The difference is the first scenario benefits the company, while the second scenario benefits her.

 

If she is not paid then she should contact the Labour Court. They will tell her quickly and clearly what her rights are.

[starship]

Thanks for replies.

 

We will know later today if she passed successfully or not. She did mention to me that she had signed something a few days ago to say that she would be working at the business, but that was obviously before she had passed the final test. I do not know the details of what she signed but will check with her later.

 

We will contact the Labour Court if the outcome is negative. Thanks for your advice.