Labor Ministry Question

[RichardLee]

I need to file a complaint with the Labor Ministry regarding a company in Bangkok, but the ministry's website is not very helpful. Does anyone know of a procedure for this? Thanks.

[RichardLee]

Bump. Anyone?

[OZEMADE]

What's the complaint, maby you are addresing the wrong people. Plus we are nosey.

[RichardLee]

What's the complaint, maby you are addresing the wrong people. Plus we are nosey.

I'd rather not give too many details at the moment, as it could identify me. But the company in question is denying foreign staff all benefits dictated by law despite having valid work permits -- sick leave, holidays etc. I have looked at the Labor Ministry's website, but I don't see any information regarding filing a complaint. If anyone can answer how to go about doing this, it would be greatly appreciated by several people.

Thanks in advance.

[skybluestu]

Go and ask at the labor office your WP's were issued at, they'd probably know and might even be able to help themselves.

[Mario2008]

Yes, the labour office would be the right place. They do not only issue work permits. They are also there to help you if you have problems with your employer and even can go to labor court with you if necessary.

[RichardLee]

Go and ask at the labor office your WP's were issued at, they'd probably know and might even be able to help themselves.

It would be the Bangkok office. Is there a particular section to go to. My one visit to the Labor office left me with the impression that they are not very English-langugae oriented, and my Thai language skills are poor.

[RichardLee]

I'll try one more time. Has anyone here ever filed a complaint with the Labor Ministry about an employer? And if so, how does one start the ball rolling?

Such as, where in the ministry would I go? It seems a huge place, and again it didn't seem like anyone there spoke much English.

Thanks in advance.

[RichardLee]

Anyone?

[Soutpeel]

I'll try one more time. Has anyone here ever filed a complaint with the Labor Ministry about an employer? And if so, how does one start the ball rolling?

Such as, where in the ministry would I go? It seems a huge place, and again it didn't seem like anyone there spoke much English.

Thanks in advance.

Go to the office which issued your WP with a Thai speaker and talk to them...its simple and they are pretty good....Also why dont you give a bit of detail of what the issue is, you might get a decent answer then on what your options are

[RichardLee]

Well, the issue is just that: We have valid work permits but have been told benefits are out of the question. No leave, no holidays, no sick pay, no benefits beyond what Social security provides. My understanding is this is illegal, that the work permit provides guarantees certain benefits by law.

I've not been in Thailand long and do not know any Thais well enough to ask them to accmpany me to the Labor Ministry. I did go to the ministry yesterday, but I did not know where to go and could not find anyone who spoke English.

I'm leaving Thailand in a few months, I've had enough of this, but I would like to file charges if I could find out how to do that.

[harrry]

Well, the issue is just that: We have valid work permits but have been told benefits are out of the question. No leave, no holidays, no sick pay, no benefits beyond what Social security provides. My understanding is this is illegal, that the work permit provides guarantees certain benefits by law.

I've not been in Thailand long and do not know any Thais well enough to ask them to accmpany me to the Labor Ministry. I did go to the ministry yesterday, but I did not know where to go and could not find anyone who spoke English.

I'm leaving Thailand in a few months, I've had enough of this, but I would like to file charges if I could find out how to do that.

My guess you have nothing to go to the court with until they actually do not pay a benifit you are owed. They can say what they liike but they must honour labour law re sick pay holiday pay and termination. Until they actually have done something not much to do excpt point out they are liable.

[lightbulb]

Well, the issue is just that: We have valid work permits but have been told benefits are out of the question. No leave, no holidays, no sick pay, no benefits beyond what Social security provides. My understanding is this is illegal, that the work permit provides guarantees certain benefits by law.

I've not been in Thailand long and do not know any Thais well enough to ask them to accmpany me to the Labor Ministry. I did go to the ministry yesterday, but I did not know where to go and could not find anyone who spoke English.

I'm leaving Thailand in a few months, I've had enough of this, but I would like to file charges if I could find out how to do that.

My guess you have nothing to go to the court with until they actually do not pay a benifit you are owed. They can say what they liike but they must honour labour law re sick pay holiday pay and termination. Until they actually have done something not much to do excpt point out they are liable.

It IS illegal / unlawful, though they may well quote that they are operating under "different" laws because you are an alien - or that your contract is seasonal/fixed and therefore they are not obliged to honour anything - of course this is all misleading and there are several cases - read MANY - where the employee have taken the employer to court and won.

Here is a recommended lawyer who has fought and WON such cases - Chaninat & Leeds, 10/154 Trendy Building, Sukhumvit Road, Soi 13, Vadhana, Tel. + 66 <0>2168 7001

I suggest you DO get yourself a lawyer - as you are leaving the country soon, a lawyer can get an extension on your VISA if it drags out -

You can also go to the Labour BOARD - apparently there is one in Din Daeng - - take your contract with you

Good luck - these employers of yours need to know what the law is and follow it!

[BigWheelMan]

I'll try one more time. Has anyone here ever filed a complaint with the Labor Ministry about an employer? And if so, how does one start the ball rolling?

Such as, where in the ministry would I go? It seems a huge place, and again it didn't seem like anyone there spoke much English.

Thanks in advance.

I haven't personally filed a complaint regarding employment rights here, but I knew a man that did.

Unfortunately this is not an easy process, like every other legal issue in Thailand.

A French guy who is an English language teacher at a school where my daughter works is presently taking legal action against the school his employer.

There are 2 factors to take into consideration:

• What you are permitted to do as a foreign worker in Thailand
  
• What sort of contact you had with your employer.
  

First, you must have worked for your employer legally and worked within the rules as a foreign farang worker

Second, if you had some sort of employment contract with your employer and the employer breached the contact, you can take this matter to the civil court.

Down side is that you will need a lawyer and civil action in Thailand can take years.

[Soutpeel]

Well, the issue is just that: We have valid work permits but have been told benefits are out of the question. No leave, no holidays, no sick pay, no benefits beyond what Social security provides. My understanding is this is illegal, that the work permit provides guarantees certain benefits by law.

I've not been in Thailand long and do not know any Thais well enough to ask them to accmpany me to the Labor Ministry. I did go to the ministry yesterday, but I did not know where to go and could not find anyone who spoke English.

I'm leaving Thailand in a few months, I've had enough of this, but I would like to file charges if I could find out how to do that.

You have exactly the same rights/benefits of a Thai national as regards leave, sick leave, holidays etc as detailed in the labour act as a minimum, irrespective of what your contract or company says.

However if the company has not denied you any of these benefits, other than telling you, you dont get them, you dont have the grounds to lodge a complaint yet.

Example - You take sick leave, provide a doctors note and are within the requirements of Thai labour law and the company penalises you in some way or fires you, then you would have grounds to lodge a complaint.

[lightbulb]

I'll try one more time. Has anyone here ever filed a complaint with the Labor Ministry about an employer? And if so, how does one start the ball rolling?

Such as, where in the ministry would I go? It seems a huge place, and again it didn't seem like anyone there spoke much English.

Thanks in advance.

First, you must have worked for your employer legally and worked within the rules as a foreign farang worker

Second, if you had some sort of employment contract with your employer and the employer breached the contact, you can take this matter to the civil court.

Down side is that you will need a lawyer and civil action in Thailand can take years.

This is simply not true.

You do not even need to have a contract or a work permit to file a complaint = there is a case (documented here on Thaivisa) where the guy did not have a work permit - took them to court and won severance of 8 month's salary - He said - under oath, that he repeatedly asked the employer for the legal documents and they didn't comply

Yes, it does matter what contract you have, although so many fixed contracts are in fact not fixed and therefore usually there is a case of severence or whatever your complaint.

As far as I have read (and not yet my experience - but will be soon!) this is how it will go:

You see the Labour board in the district, with your contract, the officer/representative will make a call to the school (if they assess that you have a case) The school will then be notified that there is a complaint and have 60 days to respond/pay, this could be extended another 30 days but that is it - then the school has to pay the money within 15 days and if they do not, there is a courtcase.

If you have a lawyer, his/her cost could be billed for the school

SOMEONE (who has BEEN THROUGH this procedure) please correct me if I am wrong! If not - I will be updating my experience, as I am following through an unfair dismissal with a group of other teachers at my school.

ta!

[RichardLee]

However if the company has not denied you any of these benefits, other than telling you, you dont get them, you dont have the grounds to lodge a complaint yet.

Example - You take sick leave, provide a doctors note and are within the requirements of Thai labour law and the company penalises you in some way or fires you, then you would have grounds to lodge a complaint.

Thanks all. The company HAS denied benefits, not just threatened to. We've all had to work holidays. No leave time has been allowed. People who have been sick have been sick, including myself, have had to take unpaid leave.

Where, exactly, do I go when I arrive at the Labor Ministry? It's a big place.

[RichardLee]

Well, gee, thanks everyone for all your, um, help. I simply wanted to know how to start the ball rolling with a formal complaint at the Labor Ministry, or at the very least which building, floor and room I look for in the Labor Ministry compound. I guess this was just too difficult for all the old hands here.