Should I go to the Labor Department???

[puukao]

I've was at my school for one year, everything "normal."  Got a new contract, 40,000.  Worked the first semester, then took off October (we both said that was fine).  I worked November at only 30,000 (we both verbally agreed) and then they let me travel December, January and February with no pay but no issues with work permit.  We agreed I would work in March and April (summer camp) and I've been at the school for a few days and a few parties (both for free, they post my picture everywhere).   

 

Now they really don't want me to work Summer Camp, or at only like 20,000 baht.  

 

But.....hahahahhahahahah...they want to give me a new contract for May.  

 

Nothing is in writing about the aforementioned activities, except my contract.  Private school.

 

I'm not comfortable working for 20,000....but I'm not sure what will happen if I go to the Labor Department.  

[puukao]

contract is good until April 30th.  I have a WP, of course.  I looked at my contract, and it says they need to give me something in writing with 30-days notice.  I was also at a function last week in front of hundreds of people and they, like always, had me on stage as a teacher.  

[thequietman]

Just make 50% less effort during the Summer Camp.

 

Get your new contract and take their money. If they want to play, then play. Experienced teachers here will know what I mean.

 

Good luck.

[blackcab]

3 hours ago, puukao said:

...I'm not sure what will happen if I go to the Labor Department.

 

Nothing. You either accept the contract or you do not. Up to you, as they say.

 

The Labour Department will not negotiate a contract for you.

[puukao]

9 hours ago, blackcab said:

 

Nothing. You either accept the contract or you do not. Up to you, as they say.

 

The Labour Department will not negotiate a contract for you.

My contract says 40,000.  They only want to play me 20,000.  We agreed on 40,000, but they only want to pay me 20,000 since it's Summer Camp.  I'm not looking to negotiate now, they are.  Will the labor department force them to pay me 40,000 and what problems will I have?

 

 

[blackcab]

If you are being underpaid then you need to go to the Labour Court. It is highly likely you will be paid any money you are owed.

 

Either the school will realise that you won't accept less than the contract rate and leave you alone, or they will feel they have lost face and not renew your contract.

[puukao]

i have other offers from other schools.  

 

Here's how it worked last time... "you don't work as much, is 30000 ok instead of 40000?"  I said, "ok">  This was last year for one month.  can i ask the labor department for the 10,000?  

 

Now they will say again, "summer camp, only 20,000."  Do I have to wait until they pay me 20,000 before going to the labor department, or can i go next week?

 

if i verbally agree on 20,000, does it mean i voided my own contract?

 

what i want is 40,000 for march and 40,000 for april.   But i only worked a few days this month, summer camp starts next week.

 

i'm done playing games, but prepared if they try to fire me immediately and cancel my work permit without warning.  

 

just curious my possible options

[4evermaat]

You can't have it both ways.  You either:

 

1. stand up for yourself (via the labor office if normal conversation with your boss is not going anywhere), or
2. just take the pay cut and keep living with the fact that you are getting shafted.  

 

Not sure why you tolerated the first pay cut from 40 to 30k.  All it did was embolden them to cut benefits.

 

Channel that fear of losing work permit into finding a new agency/employer.

[AlQaholic]

On 3/15/2019 at 10:50 PM, blackcab said:

Nothing. You either accept the contract or you do not. Up to you, as they say.

 

The Labour Department will not negotiate a contract for you.

I seem to remember reading in the Thai labour act (can't find it now), that an employer cannot decrease a salary for performing the same work as previously, of course, then the termination of the contract comes into play.

[blackcab]

You are right, however the OP agreed to accept a lower rate. This is ok if both parties agree.

 

Now it seems the OP's employer has proposed an even lower rate.

 

Up to the OP if they accept or not.

[Beatriz]

On 3/18/2019 at 11:37 AM, tomazbodner said:

Labour department doesn't deal with this. You'll need to report them to labour court.

 

However if you do that, you should be aware that foreigners rarely get on top against Thais. So not only is it unlikely you'd get any gains, but you could end up losing even more.

 

As for labour department - nothing would happen. They'll just tell you to take them to court.

Yeah, I believe what you said would more or less be accurate. I feel that they just want to take advantage of foreigners but they will do it without being too obvious．

[cardinalblue]

You don’t seem to be that flexible.....school is no summer camp 

 

since you negotiated # of months off to the benefit of both parties, money doesn’t seem to be a need of yours...  

 

you can make a stink and win but I would open up a new contract to others to assess other takers come May if I was management 

[manchega]

seems to be that if you agree to something once it sets up a precedent in thai culture

 

have a default no to any requests reasonable or otherwise unless a contract is written.

 

you will find something like that is ok

[DJ54]

On 3/15/2019 at 7:03 PM, puukao said:

Got a new contract, 40,000

- Does the contract specify min number of hours days  you need to work?

- In 5 months you taken 4 off is this considered excessive by

the school? Giving the school the feeling you’re not interested in 

working.

- Is summer camp less hours and pay addressed in contract

- Boils down to what is stipulated in the contract 

- Before you start throwing rocks read the contract over a few

times making sure an item you have issues with are in contract 

or not.

- is there risk of being black bslled if you go the labor department route?

- Sit down and discuss with the school issues and becomes of it, if it works for you great. If it doesn’t don’t say anything at the time.

get another job in line give 30 day notice 

 

good luck

[DJ54]

On 3/16/2019 at 8:46 AM, puukao said:

Here's how it worked last time... "you don't work as much, is 30000 ok instead of 40000?"  I said, "ok">  This was last year for one month.  can i ask the labor department for the 10,000?  

What do think? You agreed to it I’d say not going to happen. 

 

On 3/15/2019 at 7:03 PM, puukao said:

I'm not comfortable working for 20,000....but I'm not sure what will happen if I go to the Labor Department.  

Is summer camp in contract? If so you should be able to get 40,000. But you’ll probably face a one (month) and done. 

 

You need to make sure the contract addresses the issues and covered in contract. 

 

Be careful how you handle the situation calm and collective.

if a break away is inevitable are it clean and peaceful. If dont

and you need to use the school as a reference...

 

just keep it positive and not slap them around..

 

 

Good Luck... post how it turns out 

[puukao]

Contract isn't that long.  Says nothing about minimum hours.  They are paying other teachers who are on holiday, and want to give me a new contract.  But I'm not doing that....

 

I started working summer camp.  Pay is at the end of the month.  I have a feeling they might try to only pay me 10,000 for 1/2 of summer camp, instead of 40,000 on the contract.  I have to wait until the 3rd, and then I can complain.  

 

Why did I take time off after 1.5 years?  I needed a break, but I told them I would wait until they hired new teachers.  That took a long time.  I said, "cancel my contract?"  They said, "no."  It was my understanding because one of the teachers might leave and then I could easily fill in.  The other two still don't have a work permit, I do.  

 

My contract is up on April 30, and they need to give me a written warning and 30 days notice for termination (which will likely happen when I complain).

 

I might even wait until later in April to complain....  

 

I'm not worried about the 30 instead of 40 month, really.  

 

OK, so here is the possible outcomes for March and April.

 

1. Full-pay, plus 5000 end of contract payment.  85,000

2.  20,000 for summer camp, nothing at the end

3.  10,000 next week, then fired, then nothing

4.  something agreed upon, but I would rather just let the labor department deal with it.

5.  nothing and my new school (far away) hears about it.   I don't care, if my new school plays these games, same issues.  

 

Let's not forget:  If I'm treated horribly, I'll let them know this will become known throughout the city (definitely NOT by me, but everyone gossips) and every new farang teacher will hear the story.  If teachers know they can't trust their contract, they might just go somewhere else.  I will tell them with a smile, but they will understand.  secrets are impossible.  one teacher is working online and they are allowed after school, but I'm pretty sure my work permit doesn't allow me to do that....hmmmm

 

OK, so ....    can I get 85,000 easily?  not easily?  impossible?

 

 

 

 

 

 

[puukao]

Update.   

 

Recap:  40k salary ends April 30

Last october, didn't work.  no money

November we agreed on 30k

December, Jan, Feb, no work but i kept the work permit in case a teacher quit.  

March, worked 2 weeks.

 

got paid about 15,000.

 

Now it's April.  

 

I feel they are not treating me 'part time' and i'll get like 1200 baht per day i teach or something.   

 

I want to go to the Labor Department this week, BUT maybe I should just wait until the end of this month.  This month will have some holidays, and i think they won't want to pay me.  If I go this week, they might just fire me?

 

Anyone have any ideas?

 

offered me a new contract, i said no.  not 100% worried about the money, and i'm not afraid to go to the labor department.  

 

what are the possibilities?  thoughts?