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Posted (edited)

Some background.

 

My wife has worked in the retail sector for more than 20+ years including in the UK.

 

For the last 6 years or so she has held management positions in Thailand in the "Luxury goods sector".

 

The last year or so her contract has been around 110k a month (from memory) plus bonuses etc. Her stated position is "Manager".

 

Recently there has been a change of "Country Head" and they are trying to cut costs/bring in their own team.

 

She has been told they are going to demote her to "Senior Sales" and make her take a pay cut to 50k.

 

Obviously this is unacceptable to her and she wants to resign.

 

What are the legalities of this situation under Thai Labour Law?

 

Surely it would be construed as some sort of "constructive or unfair dismissal".

 

Anyone know a good lawyer who can perhaps draft a letter to HR or the Country Head?

 

Thanks for any advice.

 

Edited by RAZZELL
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Posted

Having done similar at my work recently.

 

Can demote ones position, cannot reduce salary.... if we did the Union made it clear they will take it to Labour court.

 

Reason behind demotion worked though, employee hated the new job and the change was seen as a loss of face, he resigned.

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Posted

She should go to her local social security office and talk to the staff there.

They will tell her exactly what her rights are.

Take any relevant correspondence.

Posted
2 minutes ago, proton said:

110k in sales in Thailand?, she's been over paid!

You obviously don't know the Thai Labour Market.

 

Many Management "luxury goods" jobs available for 100k + look on Jobs DD etc.

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Posted
7 minutes ago, RAZZELL said:

You obviously don't know the Thai Labour Market.

 

Many Management "luxury goods" jobs available for 100k + look on Jobs DD etc.

well she should be able to get another one then at that price if many jobs going, more than Drs, Politicians and Dentists! 

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Posted

They should really pay her severance pay and then re-hire her in the new position (assuming she wants the new position).

 

She should refuse to accept the demotion and pay cut and see an employment lawyer. Courts generally side with the employee rather than the employer here and the law is pretty clear. 

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Posted

I'm not a labor lawyer ... but, if her employment is dependent on 'contracts', and her current one is expiring, it would seem they don't have to renew it, or can offer her a different position, new contract (which it appears they have) when her contract does expire.

 

Seems to be legal, in that aspect.  Not forcing her to accept or leave.  Until her present contract expires.  If this is a merger or take over, then a very common practice.

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Posted
1 minute ago, KhunLA said:

I'm not a labor lawyer ... but, if her employment is dependent on 'contracts', and her current one is expiring, it would seem they don't have to renew it, or can offer her a different position, new contract (which it appears they have) when her contract does expire.

 

Seems to be legal, in that aspect.  Not forcing her to accept or leave.  Until her present contract expires.  If this is a merger or take over, then a very common practice.

She signed a new contract in April 2023.

 

 

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Posted
1 minute ago, RAZZELL said:

She signed a new contract in April 2023.

They would have to honor that, or find just cause to cancel it.  I'd start looking for new employment if I was her.  

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Posted
3 hours ago, FritsSikkink said:

Do NOT leave, that is what they are trying to force on her to avoid paying severance pay. 

Don't accept the pay cut and go to the labor office, they will help for free. No need to hire a lawyer.

Get the severance pay and then find a new job.

Sound advice.A Thai lady friend was caught in a similar situation.She worked for Thai/Japanese company for several years.They promoted her and then piled on so many extra duties that she barley coped and made it virtually impossible to continue.She quit.Therefore she lost any severance she would have gotten otherwise.

Dirty rotten b_____ds.

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Posted (edited)
38 minutes ago, RAZZELL said:

She signed a new contract in April 2023.

 

 

If they sign a new contract on a yearly basis for 6 years, the company would still have to pay severance for 6 years when the last contract isn't renewed. Labor office doesn't fall for this trick.

Edited by FritsSikkink
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