Unwritten Employment Contract

[Baaksida]

I have an unwritten employment agreement for a temporary part-time position.

My question are:

1. Is an unwritten employment agreement legally binding for both parties, employer and employee?

2. Does the employer have to give you a written notice of his intention to terminate your employment.

3. What is the required notice period for that?

4. Is he required to give the notice of his intention to terminate the employment to you, the employee, or can he just "call your girlfriend, saying: 'He doesn't have to come anymore..."

5. Could I get in trouble, working there without a work permit since 4 weeks?

(I have one for my full-time position though.)

. Depending on a person’s service with you, the notice period can

[paulfr]

I am not a lawyer, but ....

If you have worked there for 4 weeks and can prove it

with either paychecks or fellow employee testimony,

it is clear you had some implied employer-employee

agreement.

However, there is little that binds and employer to give

notice other than good will and decency. I do not think

you can count on it and certainly not expect a court to

award you anything if you are terminated without notice.

That is my experience in the USA and my guess is that

in Thailand you have even less to expect.

In the US there is unemployment insurance that you can

count on. In Thailand, I doubt it, but ask others if it exists.

Just save what you can, act on the positive, and be prepared

for the worst.

[Baaksida]

If you have worked there for 4 weeks and can prove it

with either paychecks or fellow employee testimony...

Thanks for the quick answer! As for the details...

1. I worked there for 4 weeks, but only on weekends (6 hours).

2. No paychecks, but only cash, but yes, fellow employees and students would know me...

[simple1]

To take legal action under Thai law you must have a written contract; verbal agreements are not generally recognised. In any case it sounds like you are working illegally i.e. no work permit for part time job.

[qwertyuiop]

The Labour Protection Act of 1998 refers to an 'employment contract' as being made either 'orally' or 'in writing'

Not being a lawyer I would assume that this means it has equal standing in law

However that being said the reality might be different. ssurely it becomes one persons word against another and without a work permit covering that particular employment you are working illegally no.

If it is severance pay that you might be worried about employees with less than 120 consecutive working days do not qualify and then between 120 and 1 year it is 1 month and gradually increases until 10 years employment is reached and that qualifies for 1 years severance as per the above act.

[Aussie]

You also have a unwritten workpermit? Did you ever wonder why the newspaper publishes so many lines like "he denied any involvement' in Thailand.

You have got no rights my friend. Complain to the government and they may deport you for working without permit, appropriate visa.

[Baaksida]

Did you ever wonder why the newspaper publishes so many lines like "he denied any involvement' in Thailand.

You have got no rights my friend. Complain to the government and they may deport you for working without permit, appropriate visa.

Good point!!

I am sure, that the small private language school doesn't do everything according to the law, so I could get them "busted", but ######, maybe I just should be lucky being rid of this illegal arrangement...

[PvtDick]

Don't even think of "busting" them. You will be in as much trouble (or more) than they will!