fallshemust Posted July 6, 2019 Share Posted July 6, 2019 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. Link to comment Share on other sites More sharing options...
FritsSikkink Posted July 6, 2019 Share Posted July 6, 2019 Does it have a signature? Anyone could have written that email. 2 Link to comment Share on other sites More sharing options...
madmen Posted July 6, 2019 Share Posted July 6, 2019 I won a court case in Australia based on emails no signaturesAs good as a contract 1 Link to comment Share on other sites More sharing options...
blackcab Posted July 6, 2019 Share Posted July 6, 2019 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. 1 Link to comment Share on other sites More sharing options...
VocalNeal Posted July 6, 2019 Share Posted July 6, 2019 (edited) 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, 2019 by VocalNeal Link to comment Share on other sites More sharing options...
fallshemust Posted July 6, 2019 Author Share Posted July 6, 2019 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. Link to comment Share on other sites More sharing options...
fallshemust Posted July 6, 2019 Author Share Posted July 6, 2019 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. Link to comment Share on other sites More sharing options...
fallshemust Posted July 6, 2019 Author Share Posted July 6, 2019 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. Link to comment Share on other sites More sharing options...
FritsSikkink Posted July 7, 2019 Share Posted July 7, 2019 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 Link to comment Share on other sites More sharing options...
Mark1066 Posted July 7, 2019 Share Posted July 7, 2019 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. 1 Link to comment Share on other sites More sharing options...
Jeffrey346 Posted July 8, 2019 Share Posted July 8, 2019 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. Link to comment Share on other sites More sharing options...
ricklev Posted July 8, 2019 Share Posted July 8, 2019 Did your acquaintance actually work for the company or just have an emailed job offer to work in the future? Link to comment Share on other sites More sharing options...
thesetat2013 Posted July 8, 2019 Share Posted July 8, 2019 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. Link to comment Share on other sites More sharing options...
scorecard Posted July 9, 2019 Share Posted July 9, 2019 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. 1 Link to comment Share on other sites More sharing options...
StevieAus Posted July 9, 2019 Share Posted July 9, 2019 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. Link to comment Share on other sites More sharing options...
Lacessit Posted July 9, 2019 Share Posted July 9, 2019 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. Link to comment Share on other sites More sharing options...
.png.3b3332cc2256ad0edbc2fe9404feeef0.png)
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now