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Labour Law Advice Needed


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Hello,

I could not found answers to my issue from search, sorry if there is a topic about this.

My wife's company just tell her that they don't want to pay some of the workers higher salary because they can they can take newbies and pay them a lot less. Company is basically saying that if you want to keep your work they will cut salary more than 50%! What says the law about this? She has contract what states amount of x per month for salary. If she will say no, and will not work with small salary should, she wait until company will resign the contract? So then she would be entitled to get severance payment?

Company is doing nasty pressure all ready for the workers who is getting too much money. They did not receive their salary on time, payment was supposed to be on 15th. Not before today they did get know that company does not want to pay them that much. Not paying salary is good way to get people annoyed that they will resign without questions and just walk away.. that what my wife was all ready doing. I told her that do not resign before we will get some answers.

TV, any help needed. Is there any help to contact ministry of labour or similar. Please let me know!

Edited by Sheikhan
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Contracturally, they cannot offically cut her salary, but with that being said, it doesnt stop them playing underhanded tactics to force a resignation, which it appears they are trying to do.

Under no circumstances should your wife resign, as there will be no serverance.

Suggest she takes this to the department of labour nearest to you and see what they say.

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Contracturally, they cannot offically cut her salary, but with that being said, it doesnt stop them playing underhanded tactics to force a resignation, which it appears they are trying to do.

Under no circumstances should your wife resign, as there will be no serverance.

Suggest she takes this to the department of labour nearest to you and see what they say.

Fully Agree.

- Definitely DO NOT resign, no matter what the company says.

- It's true the department of labour will listen and give clear advice on what steps to take.

The labour law of Thailand is quite comprehensive and provides protection where needed, and in recent years a lot of people have received justice in the Thai courts.

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Thanks for the answers.

I did tell her to contact department of labour and ask for help.

What do you think, do we need a lawyer to help with this?

How about the fact that she has not received her salary. If she will not go to work because of that, is she breaking the work contract what makes employer reason to kick her out without any severance payment? Any advice for this? Should she go to work even if she has not received salary?

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A few questions, how long has she worked for the company? Are they doing this to everyone or just her?

If everyone is getting paid late then maybe the company is having difficult times, I know several companies are.

Has the company explained anything why or are they just saying they want to cut everyone salary. If she has a contract and they are cutting her salary below what the contract states then she has a case. If she has a contract for X amount and has received increases since that time and then being reduced back to what the contact states then I don't think she can do anything.

Paying late dont know what can be done. I know I have paid my staff late when we had problems, but I gave everyone a little something on pay day whatever I could scrap up and then pay them the balance ASAP. i made sure I let everyone know what was going on and explained to them exactly why we could not pay at that time. We however did not cut anyones salary, we did put a hold on all increases in salaries, but all of my staff was understanding and did their best to help us get through the difficult time.

Is this a Thai run company or foreign run company? Maybe she should speak to her boss and find out what is up, if they are just trying to cheat everyone by not paying what was in the contract then I would consult a lawyer.

Good luck to you!!

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Thanks for the answers.

I did tell her to contact department of labour and ask for help.

What do you think, do we need a lawyer to help with this?

How about the fact that she has not received her salary. If she will not go to work because of that, is she breaking the work contract what makes employer reason to kick her out without any severance payment? Any advice for this? Should she go to work even if she has not received salary?

As regards a lawyer....no she will not need one...the Labour Dept are very efficient in dealing with issues, certainly in my experience, whether farang or Thai.

As mentioned above, it appear that the company is playing games to get her to resign, if she does resign, it will make the case getting serverance harder....as all the company will say is...she resigned..she isnt entitled to serverance, to get the severance she needs to be let go by the company, made redundant .

What I suspect the company is up, is not paying people, they get p*ssed with the company and dont turn up for work and then the company fires them for not turning up and then justifying not paying severance, therefore she needs to keep "working" even without salary....sad but true in my opinion.

Your wife needs to talk to the labour department while she is still working, the primary complaint will be none payment of salary , but also the tactics the company is using to try and force a resignation should be mentioned.

Best of luck

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A few questions, how long has she worked for the company? Are they doing this to everyone or just her?

If everyone is getting paid late then maybe the company is having difficult times, I know several companies are.

Has the company explained anything why or are they just saying they want to cut everyone salary. If she has a contract and they are cutting her salary below what the contract states then she has a case. If she has a contract for X amount and has received increases since that time and then being reduced back to what the contact states then I don't think she can do anything.

Paying late dont know what can be done. I know I have paid my staff late when we had problems, but I gave everyone a little something on pay day whatever I could scrap up and then pay them the balance ASAP. i made sure I let everyone know what was going on and explained to them exactly why we could not pay at that time. We however did not cut anyones salary, we did put a hold on all increases in salaries, but all of my staff was understanding and did their best to help us get through the difficult time.

Is this a Thai run company or foreign run company? Maybe she should speak to her boss and find out what is up, if they are just trying to cheat everyone by not paying what was in the contract then I would consult a lawyer.

Good luck to you!!

Eric, nothing wrong with the advice given, but based on the OP original post, the motive the company has not to do with the ability to pay salaries, but a tactic to employ people in jobs a lower salaries and reduce the salaries of people doing the work in the company currently.

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Thanks for the answers.

I did tell her to contact department of labour and ask for help.

What do you think, do we need a lawyer to help with this?

How about the fact that she has not received her salary. If she will not go to work because of that, is she breaking the work contract what makes employer reason to kick her out without any severance payment? Any advice for this? Should she go to work even if she has not received salary?

She should go to work as she might be considered to be in breach of contract / on strike otherwise.

But what does her contract say about sick leave? She could go sick for a few days, even weeks as it's easy enough to get a doctor's note in Thailand.

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Eric, nothing wrong with the advice given, but based on the OP original post, the motive the company has not to do with the ability to pay salaries, but a tactic to employ people in jobs a lower salaries and reduce the salaries of people doing the work in the company currently.

This is the case. I have no idea is the company having financial difficulties or not. It is Thai/Farang company and i consider it quite a big company, they just want cut expenses in a unlawful way.

My wife is not only one who they want to smoke out. Some of the workers have been without salary for couple months. As now many people started ask about their salary, in first the company did not give any explanations, then there was reason for late payment that accountant joined red protest and so on.. until now they gave a reason as i wrote in open post.

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Get your missus to get the rest of the employees together and go down to the labour office en masse to lodge complaints over non payment of salary.

In the west this would be the common and sensible way to go about it, just don't think the average thai would take this approach.

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Get your missus to get the rest of the employees together and go down to the labour office en masse to lodge complaints over non payment of salary.

In the west this would be the common and sensible way to go about it, just don't think the average thai would take this approach.

In fact many of the employee did make a complaint to labour office and that labour department seems to be very helpful whenever dealing things like this. They had a meeting at workplace where was employees, employer and someone from that labour office. Unpaid salaries are about to pay next week, labour office is supervising that it will happen. Company will fire some people but severance payments are about to be pay for those persons.

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Get your missus to get the rest of the employees together and go down to the labour office en masse to lodge complaints over non payment of salary.

In the west this would be the common and sensible way to go about it, just don't think the average thai would take this approach.

In fact many of the employee did make a complaint to labour office and that labour department seems to be very helpful whenever dealing things like this. They had a meeting at workplace where was employees, employer and someone from that labour office. Unpaid salaries are about to pay next week, labour office is supervising that it will happen. Company will fire some people but severance payments are about to be pay for those persons.

Looks like you got a result then... :)

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  • 2 months later...
Get your missus to get the rest of the employees together and go down to the labour office en masse to lodge complaints over non payment of salary.

In the west this would be the common and sensible way to go about it, just don't think the average thai would take this approach.

In fact many of the employee did make a complaint to labour office and that labour department seems to be very helpful whenever dealing things like this. They had a meeting at workplace where was employees, employer and someone from that labour office. Unpaid salaries are about to pay next week, labour office is supervising that it will happen. Company will fire some people but severance payments are about to be pay for those persons.

Looks like you got a result then... :)

Hi. I thought I also could get some advices from this forum. Because I am also facing the same problem. My company doesn't pay my salary on time and there are unpaid past months salaries also. I am not having a contract/written agreement with the company I work for, but holding a valid work permit issued by the company and have the tax ID. Am I in a position to go the labor office? :(

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