Labour Protection Act (lpa) Of Thailand

[Bredbury Blue]

Question for the lawyers on here / Sunbelt:

Currently i have a termination / severance dispute and need advice upon the following.

Though my ex-employer's Thai company provided me with a work permit in their name, that Thai company made payment to me (not their head office in USA) and I paid my Thai income taxes, is it possible for me to be employed in Thailand but not covered by the Labour Protection Act of Thailand?

Reason I ask is that my ex-employer's argument is that I am employed here in Thailand but under the laws of another country - would that argument hold up here in the Labour Court?

My ex-employer's argument is that I have a employment contract with one of their companies which is not their Thai company to work in Thailand, the employment contract refers to the law of another country than Thailand, therefore the severance laws of that other country and not Thailand apply to my termination of employment here in Thailand - are they correct?

Cheers.

Edited September 27, 2007 by Bredbury Blue

[Bredbury Blue]

bump

[Manchester]

You should probably consult with a lawyer about that.

[singa-traz]

http://www.thailandlaw.com/bizlabourreg.html

Labour Protection Act (1998)

In August 1998, the Labour Protection Act went into effect. It applies to all businesses with at least one employee. Under the law, employers, who disregard the law, are subject to fines ranging from 5,000 Baht to 200,000 Baht and imprisonment of up to 1 year. It should be noted that domestic workers (household staff) are not included in the definition of "employee” and are not covered by the Labour Act.

All other employees, whether full or part time, seasonal, casual, occasional or contract employed, are covered.

The way I read this, would be that unless you were a domestic workers, you would be considered as "employee", and covered under the Labour Protection Act (1998).

Contact a lawyer, and get the fact confirmed, and take action.

[Sunbelt Asia]

Question for the lawyers on here / Sunbelt:

Currently i have a termination / severance dispute and need advice upon the following.

Though my ex-employer's Thai company provided me with a work permit in their name, that Thai company made payment to me (not their head office in USA) and I paid my Thai income taxes, is it possible for me to be employed in Thailand but not covered by the Labour Protection Act of Thailand?

Reason I ask is that my ex-employer's argument is that I am employed here in Thailand but under the laws of another country - would that argument hold up here in the Labour Court?

My ex-employer's argument is that I have a employment contract with one of their companies which is not their Thai company to work in Thailand, the employment contract refers to the law of another country than Thailand, therefore the severance laws of that other country and not Thailand apply to my termination of employment here in Thailand - are they correct?

Cheers.

You are protected under the Labor Protection Act of Thailand but the contract will be important to what you have agreed to.

www.sunbeltasiagroup.com

[Bredbury Blue]

You are protected under the Labor Protection Act of Thailand but the contract will be important to what you have agreed to.

www.sunbeltasiagroup.com

Thanks Sunbelt. I was pretty sure that i am protected by the LPA when it comes to termination and severance but my ex-company argue that my contract is governed by the law of singapore so my severance will be in accordance with Singapore laws, i'll let you know the result of the labour court.