Job Issues

[meshuk]

Hi i was hoping to get some information on my labor law rights, not sure if this is the right section.

I have been working at a BOI promoted company for the last 4 years as a Director we are not a small company. I have had some health issues last year which meant some time off work but all within my holiday times.

The CEO came to me last week to tell me that he had employed some one to take on my role and that i would be reporting to this person and that they want me to stay at the company with a role with less responsibility, this would also  entail decrease in my salary which if a sensible reduction im ok with.

 

I wanted to get some info on my rights if i choose not to take the pay decrease, if its not reasonable i believe as i have been in the company 4 year im entitled to 180 days compensation.

Also i believe if i signed a new contract i would basically be starting from year one without that entitlement. If ive missed anything please advise.

Im grateful for your help

 

[overherebc]

One thing they cannot do is lower your salary without mutual agreement. They can change your title but salary stays the same.

You will need to discuss this with them and keep it on record. ( e-mails )?

Do not consider resigning or changing anything unless that is what you feel like as you will lose some or all of your severance you are due. 4 years worth will be a good sum, resign and you get nothing.

More answers will come on the thread soon I am sure.

Edit.

Severance will be paid based on your tax records. Even signing a new contract every year makes no difference as long as there is no break in the records.

 

Edited April 8, 2019 by overherebc

[meshuk]

Thanks a lot overherebc really appreciate your help and comments

[AlQaholic]

The compensation regulation does not take into account any contracts. You are entitled to compensation based on how long time you have worked for the company. Keep all evidence that shows that you have worked, such as pay slips, uniforms, communications.

The employer cannot decrease your salary without just cause without your agreement.

HR people in Thailand are very afraid of the Thai Labour department.

Edited April 9, 2019 by AlQaholic

[overherebc]

16 hours ago, meshuk said:

Thanks a lot overherebc really appreciate your help and comments

If things get complicated then have a chat with your local labour office. 

HR departments tend not to know much about the labour office rules.

In 99.999% of cases the labour office will be on your side. Just be 100% honest with them if you go for a chat to find out.

Try to ignore the possible comments from HR about immigration say this or say that. Immigration have no input into the situation.

Edit.

Stay well away from lawyers.

Edited April 9, 2019 by overherebc

[Captain 776]

Do you have a signed set of Terms and Conditions?

I worked all over the world for the number 1 largest construction company in the world.

ALL conditions clearly in writing.

Nothing in there about changing of title.

It clearly spelled iut work hours and compensation.

A company is free to change your classification or terminate you for cause or just say you are “assignment complete” and their only obligation is to return you to your point of origin where they hired you from.

[scorecard]

This case is within Thailand.

 

Are the details you quote a situation within Thailand, or a different location etc?

Where was the employment contract for the situation you describe written?

[meshuk]

Thanks for your replies very helpful.

Yes the case is in Thailand not an overseas company, employment contract in Thailand.

[stevenl]

2 hours ago, Captain 776 said:

Do you have a signed set of Terms and Conditions?

I worked all over the world for the number 1 largest construction company in the world.

ALL conditions clearly in writing.

Nothing in there about changing of title.

It clearly spelled iut work hours and compensation.

A company is free to change your classification or terminate you for cause or just say you are “assignment complete” and their only obligation is to return you to your point of origin where they hired you from.

"their only obligation is to return you to your point of origin where they hired you from."

Not correct for Thailand.

[overherebc]

4 hours ago, Captain 776 said:

Do you have a signed set of Terms and Conditions?

I worked all over the world for the number 1 largest construction company in the world.

ALL conditions clearly in writing.

Nothing in there about changing of title.

It clearly spelled iut work hours and compensation.

A company is free to change your classification or terminate you for cause or just say you are “assignment complete” and their only obligation is to return you to your point of origin where they hired you from.

None of the above applies to someone working within Thailand, with a work permit issued by the the Thai labour Office in the area where the work is done.

[xtrnuno41]

7 hours ago, overherebc said:

If things get complicated then have a chat with your local labour office. 

HR departments tend not to know much about the labour office rules.

In 99.999% of cases the labour office will be on your side. Just be 100% honest with them if you go for a chat to find out.

Try to ignore the possible comments from HR about immigration say this or say that. Immigration have no input into the situation.

Edit.

Stay well away from lawyers.

I agree go to labour office. But take someone with you to talk Thai (must)!! Or are you able to talk Thai? And yup be completely honest.

They get people who lie in their own favour (both employers and employees) and only makes the case more complicated and longer. You bring the case and then they are with you, until proven otherwise.by Thai law

They will investigate ! My gf is a Thai labour inspector, so sometimes i hear some.

Thats also why i brought up the trustworthy Thai talking person, a must !!

[overherebc]

9 minutes ago, xtrnuno41 said:

I agree go to labour office. But take someone with you to talk Thai (must)!! Or are you able to talk Thai? And yup be completely honest.

They get people who lie in their own favour (both employers and employees) and only makes the case more complicated and longer. You bring the case and then they are with you, until proven otherwise.by Thai law

They will investigate ! My gf is a Thai labour inspector, so sometimes i hear some.

Thats also why i brought up the trustworthy Thai talking person, a must !!

My wife was also involved for a few years and yes, I agree with you.

[scoutman360]

My Thai employer was sold to and acquired by another company. The new company didn't want to pay me the same salary. We had to mutually agree and sign a new employment agreement. I agreed to the reduction, in return they must give me written recognition of my previous employer's years of employment, and all benefits and legalities related, and keep my managerial title the same. Now, if they decide to lay me off, I get severance for 10+ years of previous employment. Always negotiate.

[meshuk]

Thank you all for your comments