Employee Rights

[Austeyr]

I was hoping someone might know the answer to my question.

Basically i was employed 6 months ago by an american owned company, no contract was signed as to how long i would be employed so it was on open ended agreement. The company has gotten itself into a bit of a hole and he let a few Thai staff go. On friday i was called in to the office with the owner who basically said he could only afford to pay me a 3rd or my original salary agreed upon when i first took the job, he even mentioned he might not pay me my full salary this month.

I have a work permit with this company as well as my one year visa. I know in Australia that i would be covered by workplace laws and if they released me with out advanced knowledge or reason they would have to pay some sort of advanced salary package and pay out my leave that i had aquired during that time worked but because i am a farang here in Thailand i am not sure if he is allowed to do what he is trying to pull off. Basically he cant sack me because i have been doing my job well but by offering a 3rd of my salary i would be unable to survive on that amount of money hence forcing my resignation.

The Thai staff who were let go got a payout for being let go.

Not sure where i stand , any feedback would be great

[Soutpeel]

I was hoping someone might know the answer to my question.

Basically i was employed 6 months ago by an american owned company, no contract was signed as to how long i would be employed so it was on open ended agreement. The company has gotten itself into a bit of a hole and he let a few Thai staff go. On friday i was called in to the office with the owner who basically said he could only afford to pay me a 3rd or my original salary agreed upon when i first took the job, he even mentioned he might not pay me my full salary this month.

I have a work permit with this company as well as my one year visa. I know in Australia that i would be covered by workplace laws and if they released me with out advanced knowledge or reason they would have to pay some sort of advanced salary package and pay out my leave that i had aquired during that time worked but because i am a farang here in Thailand i am not sure if he is allowed to do what he is trying to pull off. Basically he cant sack me because i have been doing my job well but by offering a 3rd of my salary i would be unable to survive on that amount of money hence forcing my resignation.

The Thai staff who were let go got a payout for being let go.

Not sure where i stand , any feedback would be great

Sorry to say, you may be scr*wed...1. you dont have a signed contract agreeing to the terms and conditions of your contract, which would have detailed the amount you should have been paid.

2. By the sounds of things the Co is going bust, so very well may be there is no money in Co to pay you.

Also under a limited liability company, the company is seen as a "person" and owner would be an officer of the Co, therefore you could not chase the owner in his personal capacity to get any money out him.

Liability would remain with the company, therefore if it goes bust, you would most likely get nothing, if there are creditors, they will be first in line to get their money...

3. If you have resigned already, there will be no recourse with the Thai labour department, on a labour dispute this is the first thing they ask..

4. Technically under the labour law you have the same rights as a Thai national, therefore if he has to let you go, you may be entitled to severance pay, but see above...if company is going bust...dont hold your breath, in your case being only employed 6 months, serverance would be minimal anyway....

The employer may be genuinely sincere in offering you a 1/3 of your money to try and keep you going because you have done a good job or he is cleaning out the company and cutting salary by a 1/3 to force the resignation - therefore no claim for severance is applicable.

But please dont be under any illusion you will get a "fat" pay out....you won't

hope this helps

[donna]

im not sure if the OP needs a contract or not. the fact that the company can confirm when he started work there should be enough, and as he has a work pemit, i believe that should be enough.

i would seek the help of a lawyer to see where you stand. i THINK you should be owed at least 1 months salary on your last day, and 1 month in lieu of notice if they let you go on the spot.

of course i could be wrong here, and think that there are other more experienced members who could answer if this is the case.

[Soutpeel]

Donna, you could be quite right regarding the contract, but without a contract in place things can get messy as you could end up in a he said, she said situation....

There is no debate if the company lets him go, he will be entitled to some form of severance legally, but if the company is going down the sh*ter, where is the money coming from to pay for the severance ?...

Before going to see a lawyer, suggest you go and talk to the labour department and they will tell you first hand what you would be entitled to. The is no value getting a lawyer on the case to sue a company, that may or may not exist in the short term or just cant pay