Legal Advice On Employment Matters

[NewtoBKK]

Hello,

I would greatly appreciate any advice you may have on:

• Whether it is possible to sue a foreign company for unfair treatment, eg. brought me into the company on the representation that the position is of a certain seniority/level and then downgrade the position to a lower level of seniority a couple of years later, or to pass me over for promotion because I am not one of the "boys"? Note that the company cannot prove or assert that I have underperformed in my job (in fact, quite on the contrary).
  
• If I can sue, what are the chances of succeeding and what recourse or compensation can I expect?
  
• If I intend to sue, how should I go about it? Through a governmental department (don't think so!) or through a lawyer?
  
• If through a lawyer, are there any recommendations on which company and any indications of the costs involved?
  

Or do you guys think that I should just forget it and move on? (By the way, I am a foreigner working in a foreign company in Thailand.)

Thanks a bunch for any advice you can give.

Edited January 28, 2010 by NewtoBKK

[Soutpeel]

One your assume you are actually working for a Thai branch of a foreign company in Thailand, you would need to be to work here....

You have an option of talking to the department of labour in Thailand, but based on the info you have given dont think they would be able to do much as no labour regulations appear to have been broken.

In all honesty, dont think you would stand much of chance suing in Western country based on these facts, even less so in Thailand....I would put it down to a lesson learnt and move on...

Your only possibility is breach of contract, ie they promised X amount of money and havent paid you this amount, you dont mention this....If you are on the money promised but not the position, then this avenue is out as well...

I personally wouldnt waste too much time on this

[nakachalet]

what is right and doable in our seemingly civilized countries often falls on deft ears around the pacificrims....

the justice systems in 3rd world countries do take a different turn....

i empathise wtih you, feel your suffernings and share your anger....

but in and around 3rd world countries, i am certain you already know very well, that priorities of life do differ significantly....

let it goes to pattaya or phuket.... LOL you are too smart and able to let your pended up anger and hard feelings interfere with your performance and your future.... right? wish you the best and the best is yet to come....

[kuffki]

If you were to sue, you should do it back in your home country or the home country of the company. From what i know, even through company operates in other country's it is still to play by the home country rules and contracts.

If you are or the company is from say Australia or UK or USA, there are agency's (government) who deal with this kind of things. I would suggest to call them and explain your case. They will advise if you do have a case and if anything has been breached

[NewtoBKK]

Thanks everyone for your replies...

Soutpeel: No, my pay has yet to be affected.

Two years of my life has been wasted on this company, but I guess it's time to move on to a (different) company that values contribution, ethics and hardwork more than brown-nosing, posturing and being one of the "boys"... Sadly, this mentality is pervasive and is present at the senior levels of the company.

I am almost tempted to hire a private investigator to collect evidence of possible "unclean" acts (corruption at some level perhaps?) of the people involved in screwing me over, and submit it to the authorities before I leave... This would indeed be interesting and satisfying, but will undoubtedly cost me quite a bit of money!

[Soutpeel]

Thanks everyone for your replies...

Soutpeel: No, my pay has yet to be affected.

Two years of my life has been wasted on this company, but I guess it's time to move on to a (different) company that values contribution, ethics and hardwork more than brown-nosing, posturing and being one of the "boys"... Sadly, this mentality is pervasive and is present at the senior levels of the company.

I am almost tempted to hire a private investigator to collect evidence of possible "unclean" acts (corruption at some level perhaps?) of the people involved in screwing me over, and submit it to the authorities before I leave... This would indeed be interesting and satisfying, but will undoubtedly cost me quite a bit of money!

So you are getting paid what was promised contractually....then the games over, walk away, all that has been hurt is the pride I guess...lesson learnt move on, dont waste your time or money...

I get the distinct impression you are rather young in your career, and trust me after working for 30 years I can assure this sort of stuff goes on in every company in the world...

[bangkoksunshine]

I guess that the company is trying to sack you but in the Thai traditional so they don't need to pay you recompense.

If they don't terminate you then they don't need to pay you recompense.

[NewtoBKK]

Soutpeel - yes unfortunately, i have a number more years of work left in me! i know this happens everywhere, but one can always hope to work in a company of enlightened individuals and bosses.

Bangkoksunshine - no, none of the senior management is thai... in fact, all of them are westerners with a track record of asking staff to leave if they underperform. yes, i know that they want me out (no doubt so that some friend or aquaintance of theirs) can take over, but they simply cannot find any legitimate reason (ie. underperformance, dishonesy, ethics, etc...) to!

[Douggie Style]

i assume this is a foreign company operating in thailand and you also work in thailand

firstly you have to find out if the Thai jurisdiction applies....

i would assume it does..but check

then have a look at the Thai labour laws (there are many many posts ) and whatever written or implicit contract you had (eg work descriptions)....

have you been dudded....is there a ground(s)

then get an appointment with a thai labour lawyer

it may also be possible to get relief in either your home or their home country perhaps concurrently..however then you have to weigh up all the strategic and cost factors in each jurisdiction

i would think it cheaper and quicker to go via Thailand...

good luck

[Scott]

I see your relatively new to the forum, so welcome and I hope you get advice that helps you.

I used to work for an organization which was international. We were covered under Thai law and the court of final arbitration was under the country where they were incorporated.

You need to check the labor laws of both countries. You would be covered under both countries laws.

Best of luck.