Dear all,

I would like to seek and clarify some legal advice, 
does anyone know if an email is considered as a legally binding contract in Thailand?

The email clearly had the 4 elements of a contract:

-Offer
-Consideration
-Acceptance

-Mutuality

An acquaintance of mine recently experienced an unfair dismissal from the company due to the failure of the company (which caused it to downsize on its projects) & now the company doesn't acknowledge that the employee is entitled to severance pay because there was no "legal contract" that was signed per se but there was an email correspondence between both parties which clearly had the 4 elements in it.

Would appreciate if anyone has advice regarding this matter.

Thank you.

Does it have a signature? Anyone could have written that email.

I won a court case in Australia based on emails no signatures

As good as a contract

The easy answer is take the evidence to the local Labour Protection and Welfare office. The officers will examine the material and tell you if you have a case.

 

If you do have a case they will help you obtain any monies due.

 

You don't actually need a contract. If you were employed then your employer would have been paying Social Fund contributions. That alone is enough to establish that you were employed.

Was he unfairly dismissed or was the project he was working on cancelled. 

 

Nothing in life is guaranteed except maybe a toaster. 

 

Does the acquaintance have a dismissal letter? 

 

If one can be hired with an email then maybe one can be told verbally that there is no job any more.

 

That being said if he has pay slips for 6 months and has been paying tax and had a work permit then yes go to the labour dept.

 

Edited July 6, 20197 yr by VocalNeal

4 hours ago, FritsSikkink said:

Does it have a signature? Anyone could have written that email.

No signature. But it was sent by the working email address of the employer. 

4 hours ago, madmen said:

I won a court case in Australia based on emails no signatures

As good as a contract

Yes I figured that a legit email correspondence between employer and employer with a mutual agreement & the 4 elements stated above would be good enough for it to be considered as legally binding.

4 hours ago, VocalNeal said:

Was he unfairly dismissed or was the project he was working on cancelled. 

 

Nothing in life is guaranteed except maybe a toaster. 

 

Does the acquaintance have a dismissal letter? 

 

If one can be hired with an email then maybe one can be told verbally that there is no job any more.

 

That being said if he has pay slips for 6 months and has been paying tax and had a work permit then yes go to the labour dept.

 

Well there were a lot of unforeseen delays in construction and the employer decided to make the decision to downsize on the team.

 

No dismissal letter only told verbally.

9 hours ago, fallshemust said:

Yes I figured that a legit email correspondence between employer and employer with a mutual agreement & the 4 elements stated above would be good enough for it to be considered as legally binding.

Laws in every country are different. 

You might have a problem when there is not a Thai version:

 

https://www.thailandlawonline.com/61-thai-laws-and-acts/105-contract-language-requirements

 

Even Line conversations are admissible as evidence in contract disputes in Thailand nowadays so I’d think an email would be too. That’s not to say it will be treated exactly the same as a legally binding, printed contract but it could certainly help.

I don't believe you friend needs a signed contract. He should do a few things.

Go to the SS Dept and verify that SS deductions have been paid. 

Check with the Revenue Dept and verify taxes were paid.

Then go and file a complaint with the Labour Dept.

Did your acquaintance actually work for the company or just have an emailed job offer to work in the future?

On 7/6/2019 at 9:01 PM, VocalNeal said:

Was he unfairly dismissed or was the project he was working on cancelled. 

 

Nothing in life is guaranteed except maybe a toaster. 

 

Does the acquaintance have a dismissal letter? 

 

If one can be hired with an email then maybe one can be told verbally that there is no job any more.

 

That being said if he has pay slips for 6 months and has been paying tax and had a work permit then yes go to the labour dept.

 

I never got the toaster. 

On 7/6/2019 at 8:20 PM, FritsSikkink said:

Does it have a signature? Anyone could have written that email.

True, basic e-mail is totally insecure.

 

However I would take all the documents to the Labour Ministry Complaints Centre on the ground floor of the main building which issues / renews work permits and seek their opinion. The staff in this centre all speak good English very welcoming, good listeners. Worth a try. 

On 7/6/2019 at 8:25 PM, madmen said:

I won a court case in Australia based on emails no signatures

As good as a contract

The difference in Australia is that the legislation and the Tribunals are more accommodating towards the employees compared with Thailand.

I recall a case several years ago in NSW where an employer terminated an employee by email didn’t go down to well.

On 7/6/2019 at 8:25 PM, madmen said:

I won a court case in Australia based on emails no signatures

As good as a contract

Thailand is not Australia. In some cases fortunately, in others unfortunately.