Me And A Friend Got Jacked

[DragonQuest]

Me and my friend signed a 12 month contract at a agency for a government school. At the end of the semester the agency told us there not going to pay the last month, even though the contract says 12 MONTHS NOT 11 MONTHS contract. Is there anything we can do to fight back without them canceling out our work permits? Anyone in or was in a similar situation? We need help and solid advice, I dont think its worth to drag them to court and pay a lawyer 20k to get it all started when we might lose and waste so much time and headache.

[Loaded]

Go to your local labour office and make a complaint. The office is very supportive and will contact the agency immediately after you make the complaint. This is usually enough to force the agency to pay. If that doesn't work, the officer will force a representative of the agency to attend the labour office to explain why they didn't pay. If the officer feels at this point you have been treated unfairly they will try to negotiate with the agency to obtain your salary. If this doesn't work, they will book the labour court to hear your dispute. The labour court will allow you to use a court solicitor for free to prepare your case. It's not necessary to employ a solicitor and certainly not necessary to pay 20K THB because in the courtroom the judges will ask you, through your translator, questions regarding the case. The labour court is your friend.

Read up on Thai Labour Law here: http://www.thailaws.com/index_thai_laws.htm

Edited February 28, 2009 by Loaded

[otherstuff1957]

^ Excellent advice, as usual. I would just add that, when you go to the Labor Office, take your work permits and contracts with you (along with a couple of copies of each) and a Thai friend to help translate. The Labor Office may have an English speaker or two on hand, but they may not! If you made friends with any of the teachers that you worked with, they might make good translators.

[DragonQuest]

The agency took our work permits, and told us not to worry that they would not cancel it. Our visa Expires April 30, but we are worried that if we do make a complaint at the labor office, once our agency finds out they could cancel our work permits, which means our visa would no longer be valid and we would have to leave the country or pay the fine of 500 baht per day ; ;

[DragonQuest]

My friend and I.....

(and I had like 5 beers at 3am when I posted lol)

Edited February 28, 2009 by DragonQuest

[Loaded]

The agency took our work permits, and told us not to worry that they would not cancel it. Our visa Expires April 30, but we are worried that if we do make a complaint at the labor office, once our agency finds out they could cancel our work permits, which means our visa would no longer be valid and we would have to leave the country or pay the fine of 500 baht per day ; ;

If you don't want to take the risk of not knowing whether your non-imm B has been cancelled or not, take the initiative yourself and go to Laos and obtain a tourist visa or do a border run and obtain a 15-day visa exemption. You will then know the status of your visa. Then go to the labour office. Then find a new job. Then obtain a new non-imm B.

PS

Was your non-imm B extended at immigration to match the expiration date of your wp, or was it an original 1-year multiple-entry non-imm B that hadn't been extended yet?

[TerryLH]

"I dont think its worth to drag them to court and pay a lawyer 20k to get it all started when we might lose and waste so much time and headache."

That's the attitude they're counting on.

As stated above, the Labor Office will help you for free. Supposedly employee friendly.

[Martian]

I would contact the agency, give them one last chance to meet their obligation...in say 72 hours and explain to them that you will be contacting the labor office about getting your salary due to you. I might even add that you will ask the labor court for an additional 10,000 Baht to cover your time and expenses in recovering what was contractually yours. Even if the last part doesn't hold water, it is an additional financial risk to them and that paying the owed salary might be the less expensive way to go. Like wise, let them know that if there is any canceling of visa's etc without appropriate prior notification, you will ask for compensation of the costs associated with that also. Put the ball (and financial risk) back into their "court" but proceed with looking out for number one (yourself).

Regards

[PeaceBlondie]

Both of the anal posters who insisted on crucifying the OP for a simple grammatical mistake after five beers, have been warned, and their posts deleted. NEW RULE on teaching forum: no anal pedants crucifying posters for bad grammar here! Thank you.

[DragonQuest]

Loaded:

It Was a non-imm B extended at immigration to match the expiration date of my wp.

Case Update"

I gave them the 3 day warning(they didnt pay up)so now im taking them to court. Wish me luck guys.

Now I have to find out if the agency is a Juristic person or private. Does anyone know where to go to get the paper work on that? They told me MOE or Tanalongkorn Building. OBTW in order to file the case you do need a thai friend with you(for translation).

[BruceMangosteen]

The agency took our work permits, and told us not to worry that they would not cancel it. Our visa Expires April 30, but we are worried that if we do make a complaint at the labor office, once our agency finds out they could cancel our work permits, which means our visa would no longer be valid and we would have to leave the country or pay the fine of 500 baht per day ; ;

Good morning. Was March paid? From your outline, it seems the contract was May 1st-April 30th, 12 months? If not, what were the contract dates?

Many schools don't pay agencies April. Naturally, they don't then pay teachers out of pocket.

I'm just curious how it played out in your cases. Thank You.

[DragonQuest]

March was paid , and on the envelope it said bonus. The contract dates were May 12 2008 till april 30th. Isnt a contract a contract though? If so they should of made me a 10 or 11 month contract then, it was the agency's mistake to make me a 12 month contract. Doesnt the agency pocket all the money from the school? or vice-versa maby the school pocketed it.

[BruceMangosteen]

March was paid , and on the envelope it said bonus. The contract dates were May 12 2008 till april 30th. Isnt a contract a contract though? If so they should of made me a 10 or 11 month contract then, it was the agency's mistake to make me a 12 month contract. Doesnt the agency pocket all the money from the school? or vice-versa maby the school pocketed it.

Mistake or not, you have your VISA good until April 30th. You gave them your WP, don't know why, but hope you made a copy of all pages. You are not going to be able in my opinion to get any attention from anyone until April isn't paid. Simply saying they "told me they would not pay me" won't usually suffice but this is Thailand. And, like I posted, I doubt the agent will be paid for April by the school if it is closed. Sometimes not even October. The instances I know of personally, the agency is paid per scheduled hour, by the hour, and then provides teachers to teach those hours. When they give the teacher a contract on a monthly basis, it is obviously going to be for LESS money than they expect to receive on the hourly figure times the number of hours. At the end, which you are now at I assume, they have no reason to pay you since either not going to renew with you AND/OR losing the contract with the school. This is Thailand and one must simply beware of agencies. Again, sorry to be long winded but have time. Not sure this helps but I'd not expect much more from an agency myself. Glad they paid you March.

[Loaded]

March was paid , and on the envelope it said bonus. The contract dates were May 12 2008 till april 30th. Isnt a contract a contract though? If so they should of made me a 10 or 11 month contract then, it was the agency's mistake to make me a 12 month contract. Doesnt the agency pocket all the money from the school? or vice-versa maby the school pocketed it.

Mistake or not, you have your VISA good until April 30th. You gave them your WP, don't know why, but hope you made a copy of all pages. You are not going to be able in my opinion to get any attention from anyone until April isn't paid. Simply saying they "told me they would not pay me" won't usually suffice but this is Thailand. And, like I posted, I doubt the agent will be paid for April by the school if it is closed. Sometimes not even October. The instances I know of personally, the agency is paid per scheduled hour, by the hour, and then provides teachers to teach those hours. When they give the teacher a contract on a monthly basis, it is obviously going to be for LESS money than they expect to receive on the hourly figure times the number of hours. At the end, which you are now at I assume, they have no reason to pay you since either not going to renew with you AND/OR losing the contract with the school. This is Thailand and one must simply beware of agencies. Again, sorry to be long winded but have time. Not sure this helps but I'd not expect much more from an agency myself. Glad they paid you March.

It's been extended based on a work permit. I would imagine, unless I've missed something, the work permit has been cancelled already by the agency which means the visa has probably been cancelled as well. The OP may be on overstay and that's why I advised earlier that the OP should cancel the visa by his/her own volition.

[BruceMangosteen]

It's been extended based on a work permit. I would imagine, unless I've missed something, the work permit has been cancelled already by the agency which means the visa has probably been cancelled as well. The OP may be on overstay and that's why I advised earlier that the OP should cancel the visa by his/her own volition.

Couple of points since I'm here..

Despite postings on these forums, the VISA ext.'s are issued BEFORE the Work Permit ext.'s. It seems they are linked to the contract and the intent to either get a WP or extend it. It depends of course which office I suppose.

The agency would have no reason to cancel the WP. What do they gain by doing so? Perhaps standing in court but doubt it.

The link of Labor and Immigration computers, well who ever knows. It is not me in the situation but I've never ever read of someone's VISA being canceled by the Labor Department, causing the foreigner to be stopped at departure from the Kingdom. Your advice is good and being cautious and I'd follow it, but of course, I'd not turn over my WP in the situation described.

[Loaded]

It's been extended based on a work permit. I would imagine, unless I've missed something, the work permit has been cancelled already by the agency which means the visa has probably been cancelled as well. The OP may be on overstay and that's why I advised earlier that the OP should cancel the visa by his/her own volition.

Couple of points since I'm here..

Despite postings on these forums, the VISA ext.'s are issued BEFORE the Work Permit ext.'s. It seems they are linked to the contract and the intent to either get a WP or extend it. It depends of course which office I suppose.

The agency would have no reason to cancel the WP. What do they gain by doing so? Perhaps standing in court but doubt it.

The link of Labor and Immigration computers, well who ever knows. It is not me in the situation but I've never ever read of someone's VISA being canceled by the Labor Department, causing the foreigner to be stopped at departure from the Kingdom. Your advice is good and being cautious and I'd follow it, but of course, I'd not turn over my WP in the situation described.

The agency no longer employ the teacher so they are obligated by law to inform the relevant authorities. If the visa has been extended, then the extension is cancelled. If the visa hasn't been extended, the visa won't be cancelled. In the past there was a 7-day grace period but I believe this was changed recently. If the visa has been cancelled, it's not too big a deal. When you leave the country, you'll be fined for each day you overstay - I think it's 500 baht/day to a maximum of 20K THB.

[BruceMangosteen]

The agency no longer employ the teacher so they are obligated by law to inform the relevant authorities. If the visa has been extended, then the extension is cancelled. If the visa hasn't been extended, the visa won't be cancelled. In the past there was a 7-day grace period but I believe this was changed recently. If the visa has been cancelled, it's not too big a deal. When you leave the country, you'll be fined for each day you overstay - I think it's 500 baht/day to a maximum of 20K THB.

It is a big deal when you are here on an overstay. When in doubt, do as you posted, go get a tourist VISA. I don't think these agencies(labor and immigration) are connected to the extent you warn but always best to covers one own arse, not depend on some agency to do or not do what they say. The agency does still employ the teacher, just doesn't intend on paying him/her. I think the teacher lost control of the situation when he turned over his Work Permit. That perhaps the lesson learned.

[Martian]

ALWAYS...lookout for number 1. Don't trust others with your status or future. Others are not reliable and if you also are not reliable ....then you will have done it to yourself. Of course, many people WANT someone else to blame.

Hope things turned out OK for the OP!

Regards

[F4UCorsair]

Peace Blondie, I understand your position, deleting posts crucifying someone for grammatcial errors, or perhaps I don't understand it, on an English Teaching forum.

What I most definitely don't understand is the infantile use of 'like'!! Either he had five beers or another number he can't remember, but 'like five beers'?? What does that mean?

ALWAYS...lookout for number 1. Don't trust others with your status or future. Others are not reliable and if you also are not reliable ....then you will have done it to yourself. Of course, many people WANT someone else to blame.

Hope things turned out OK for the OP!

Regards

[DragonQuest]

"like five beers", is American conversation slang, if your American you would know this. Grammatically speaking "like" would'nt be there.

examples of "like":

like o my god!

omg like this is so cool!

like um

like this , like that

case update: Case dropped

moderators please delete this Topic

thank you.

[F4UCorsair]

Conversation slang has become written slang it appears.

I thought 'like' was used by pre pubescent schoolgirls because of immaturity, a lack of vocabulary or education, or perhaps all three.

Sorry, my mistake. Perhaps it's just my intolerance of cliches, the use of which indicates a definite lack of some/all of the above three.

Moderators, please delete all posts including such ridiculous use of the word 'like', e.g., I'm like wow, like five beers, omg like this is so cool, etc.

"like five beers", is American conversation slang, if your American you would know this. Grammatically speaking "like" would'nt be there.

examples of "like":

like o my god!

omg like this is so cool!

like um

like this , like that

case update: Case dropped

moderators please delete this Topic

thank you.

Edited June 12, 2009 by F4UCorsair