Any recent experience with Thai Labor Department

[akda]

Hey Everyone,

 

Currently am having some issues with Employer. There could be possible unfair dismissal. Since the case is going on and keeps on escalating to various departments.

 

Am looking to explore legal options in advance. Lookin for input from someone who has gone through the process.

 

• Has anyone been in similar situation recently? How you dealt with it? 
• Does complaining to Labor Department helps? Share your experience with Labor Department.
• Can I represent case by myself or is it mandatory to hire a Thai Lawyer?
• Timeline? How long it took to get resolution? 
• Expected expense 

 

Thank you for your time and assistance.

 

Edited May 15, 2023 by akda

[BritTim]

I do not have first hand experience. However, the Labour Department, contrary to what many assume, have historically been very good at helping employees (both Thai and foreign) when their treatment by employers was not in accordance with the law. I do not think you would lose anything by going to their office (having prepared carefully for the visit ahead of times) to discuss your situation.

 

EDIT: If you have a good case, the Labour Department will support you in court. You only need your own legal representation if your case is weak.

[FritsSikkink]

Tell your boss that you will get the Labour office involved. If it is an unfair dismissal, then 9 out of 10 they get sht scared and backoff. If not got to the Labour office, bring your work contract and all correspondence concerning your problem at work. You don't need a lawyer, the Labour office will sort severance pay out for you if you worked longer than 120 days.

Edited May 15, 2023 by FritsSikkink

[Maestro]

My advice is, do not tell (threaten) the boss that you are going to seek abvise from the labour department. Just do it.

[sidneybear]

I was the MD of a US Thailand subsidiary company for a while and had to go to the Labour Court a couple of times. I always found them to be fair in both directions. I had to let go a couple of employees: one was refusing to work and we reached a settlement with her at the Labour department (an initial step before going to court); the other was falsifying delivery records and sued us when we fired him - we countersued for damages in the same amount and he ended up getting nothing. 

[akda]

6 hours ago, sidneybear said:

I was the MD of a US Thailand subsidiary company for a while and had to go to the Labour Court a couple of times. I always found them to be fair in both directions. I had to let go a couple of employees: one was refusing to work and we reached a settlement with her at the Labour department (an initial step before going to court); the other was falsifying delivery records and sued us when we fired him - we countersued for damages in the same amount and he ended up getting nothing. 

Does 2nd employee had to pay you any money?

In any case, employee need not to pay anything to employer, right?

[sidneybear]

4 hours ago, akda said:

Does 2nd employee had to pay you any money?

In any case, employee need not to pay anything to employer, right?

He was a long term employee, whose payout under the Labour Protection Act would have been considerable. He had previously done good work but fell in with the wrong crowd, so we decided to call it quits. We ended up paying each other nothing, which was an acceptable outcome given that the damage he caused only affected a minority of our customers. 

Edited May 16, 2023 by sidneybear