Help - Labour Protection

[amilucky]

Hi Everybody,

I need suggestion of my problem.

1. I have my own company in Thailand as well as Visa/Work Permit under my own company.

2. Before one year I signed the contract with one BOI company (director is not Thai) to work with them full time. And that company also take responsibility to provide me work permit OR add the second job on my existing work permit.

3. Company start to pay me salary , deduct my social and income tax, and gave me 6 months salary slips. But during this period company does not process my work permit after many requests.

4. Then suddenly company ignored me to pay salary and gave me reason to pay next month. like this company does not paid me 4 months salary, and when I pushed them to pay me, then they gave me termination letter for non performance and gave me assurance they will pay all dues on my last working day.

5. I signed the letter and gave to them, as well as they gave me my withholding tax receipt which they paid me for 2008 etc.

But I still not get paid my salary for last couple of months. what should I do, I know I have enough documents to proof , I was company employee, like contract, documents, salary slip termination letter etc. but during this period no work permit under that company.

what I can do now to get my dues? Please suggest pros and cons.

Thanks.

[PoorSucker]

It sounds like you have been working without WP.

So legally you can't do anything.

Be lucky that you haven't been caught and deported.

[2008bangkok]

Hi Everybody,

I need suggestion of my problem.

1. I have my own company in Thailand as well as Visa/Work Permit under my own company.

2. Before one year I signed the contract with one BOI company (director is not Thai) to work with them full time. And that company also take responsibility to provide me work permit OR add the second job on my existing work permit.

3. Company start to pay me salary , deduct my social and income tax, and gave me 6 months salary slips. But during this period company does not process my work permit after many requests.

4. Then suddenly company ignored me to pay salary and gave me reason to pay next month. like this company does not paid me 4 months salary, and when I pushed them to pay me, then they gave me termination letter for non performance and gave me assurance they will pay all dues on my last working day.

5. I signed the letter and gave to them, as well as they gave me my withholding tax receipt which they paid me for 2008 etc.

But I still not get paid my salary for last couple of months. what should I do, I know I have enough documents to proof , I was company employee, like contract, documents, salary slip termination letter etc. but during this period no work permit under that company.

what I can do now to get my dues? Please suggest pros and cons.

Thanks.

If i was you then i would fight this you cant ust let these people get away with it.. i assume you still have a work permit for your own company so you wasnt excactly 100'% illegal like the person above says.. I would go and see somebody about it, you could say that you assumed that they had got you a 2nd work permit and when you found out they hadnt then you approached them and then they fired you..bear in mind that the company will be in far more trouble than you will be for letting people work without work permits and the BOI take this very seriously,they should be reminded of that..

Good luck and like i said if you feel that it should be taken futher then take it futher as somerimes employers need to stop thinking that they are doing western employees a favour and treating them like <deleted>

[PoorSucker]

It states in your WP with what you can work and location.

Does not seem to the case here.

Saying that you thought company had second WP is just stupid.

It's your responsibility to make sure all papers are in order.

But good luck if you take action, but it can backfire.

[opalhort]

I would go to the central labour court in BKK.

You don't need a lawyer, they have free legal advisors available and won't get you in trouble about no WP for second job.

Probably will need some Thai speaking person to go with you.

opalhort

[amilucky]

Hi, Thanks everybody for suggestions.

I called Labor Protection department, they can speak English and the person in charge seems to be very kind guy, he suggested me, in labour protection department you no need to talk about work permit, and they dont care for that. They will talk about you did not get paid, if my company or me bring work permit issue they my company or may be I will be in trouble. But finally they suggested come with all documents I have example contract, bank statement, salary slips etc, on behalf of that they can see , you did not get paid and will check the company too.

Still I am waiting for my last working day, if I will get paid my dues, if not then maybe I need to take this action.

- Regards