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Posted

Just looking for some advice on my options here guys. My employer (a Thai/Australian partnership company) has failed to pay my wages for Nov/Dec. I signed a twelve month contract in July and at the end of december the Australian directors sent me an email telling me that they would no longer pay my salary and would employ me on a commission basis only.

I have received and accepted a job offer with another company starting on Jan 9 as Director of Operations so future income is not an issue.

What are my options for recovering the salaries owed here in Thailand? The company chairman is a Thai with several other companies under the same group and the other three directors are all Australian, one lives in Thailand and the other two run companies in Australia.

Any suggestions? Thai friends have recommended the Thai labour courts. (I am a legal worker with work permit).

Thank you

Posted (edited)

The Thai Labour court sounds like the favourable option, however, look at your contract again and see if they have put in any 'get-out' clauses. ie. 1 months notice for termination of contract, 1 months notice of change of contract etc., If there is nothing like this in it, and you are working legally and under contract then they are also obliged to follow their commitments as stated in their contract.

If there is a 'get-out' clause, then they have informed you of future arrangements, however, they are still obliged to pay your Nov/Dec income.

I'd go and get some advice from a Lawyer, however, you could find that what you are paying to take this to court may turn out to be more than you are owed by them and maybe this is what they are relying on too.

There's also the time factor too - Thai Courts are verrrrrrrrrry slow so you could be waiting for your money for a long time.

Edited by joskydive
Posted

Toosi International Law Office. 65/177 Chamnan Phenajat Tower 21SL Floor Rama 4 Road Huaikhwang Bangkok, Thailand 10310 Tel/Hp : 662-6438897-9

successfully sorted out a pay dispute for a mate of mine some years ago.

Posted

The Labour Court has some teeth and has a good record of enforcing employee's legal rights.

I am not sure if it is a court or a tribunal. Could somebody please advise.

Posted

Thanks guys for your advice, I must admit I was expecting a flood of responses from expats who had experienced similar problems as I thought this was quite common here. Apparently I was wrong. I am currently on holiday in Aus and will return on Jan 8 so will take it up with a lawyer on my return if it hasn't been sorted prior.

Cheers

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