Employment Law In Thailand

[mallmagician]

Hi There,

A friend of mine has been messed about a lot where she works (Broken promises of payrises etc.) . I know this has nothing to do with my question below really, as legally, these are just verbal comments made, and not in writing. I just mention it to explain why she feels like she would not like to work her months notice.

Anyway, she is looking for alternative employment.

In her current employment contract, it states that if she wishes to leave, she must work 1 months notice. If she leaves without working her notice, it states that she has to pay 2 months salary back to them, or they will sue.

Is this enforceable?

In case it has a bearing, her monthly take home after tax is about 8000 baht. So the "penalty" for leaving them would be about 16,000 baht.

Thanks for any help, I would really like to help her out, as I dont like people being taken for a ride. (She has too trusting a nature, and that has been taken advantage of by these people.).

[Sydebolle]

Forget it. In all practicality usually staff leaves upon receiving the last salary without even giving notice. The legal expenses are in no relation to the monetary result. I assume your friend has a reason to leave.

There is no such paragraph in the Labour Protection Act, where hiring/terminating details are stipulated in paragraph 118.

[mallmagician]

Forget it, in as much as, she should just leave when she wants?

Dont pay back 2 months salary?

And are you saying that it would cost them too much to even try to sue her for the 2 months pay?

[mallmagician]

I should add, that her reason to leave, will be for another job (better hopefully!).

If she gets offered another job, but they would like her immediately, then she may be in the position where she needs to leave without working the 1 month notice.

She (and I) feel,that they way she has been treated, does not really entitle them to the courtesy of the months notice worked.

[Lobin]

well if...

"in her current employment contract, it states that if she wishes to leave, she must work 1 months notice. If she leaves without working her notice, it states that she has to pay 2 months salary back to them,"

...then I would have thought that having read it prior to signing it, then they have just cause to take the money.

[Sunbelt Asia]

Before you dismiss it out of hand, remember it IS a contract and she DID sign it.

As such, it most certainly IS enforceable.

She signed and agreed to the penalty of non-compliance of a month's notice. If the company pursues it, it's up to the court, but odds are high she would lose the case.

They could decide to make an example of her. Or the company could have a lawyer on staff.

It's something to consider.

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[thailandbluegrass]

well if...

"in her current employment contract, it states that if she wishes to leave, she must work 1 months notice. If she leaves without working her notice, it states that she has to pay 2 months salary back to them,"

...then I would have thought that having read it prior to signing it, then they have just cause to take the money.

Don't be such an idiot man. I have lived and worked here for 10 years now and also have a factory that employs 18 Thai's. Just tell her that on salary day, take the money and leave. don't even call the pricks back. They are Thai. Thay are not gonna spend money for lawyers and couts etc here as the Labor rules in LOS are set up for the employees NOT the employers.

TRUST ME ON THIS. Take the money and run. Thai's need to get over this 1950 Greang Jai crap. You think if the shoe was on the other foot they would act differently. Make a stand to your gf dude and tell her to quit the same second they pay her and if they DID come after her I will pay the 16,000 baht (but in real if that happened which it WON'T just pay the courts)

Dont listen to this last poster LOBIN. He seems like a complete idiot of the Thai laws.

[thailandbluegrass]

well if...

"in her current employment contract, it states that if she wishes to leave, she must work 1 months notice. If she leaves without working her notice, it states that she has to pay 2 months salary back to them,"

...then I would have thought that having read it prior to signing it, then they have just cause to take the money.

You should REALLY learn before you speak. Her contract regarding Thai Labor Laws CANNOT make her pay back one cetang. The only thing a contract can do in that situation is not pay her severance pay. Think before you recomend man.

[Lobin]

well if...

"in her current employment contract, it states that if she wishes to leave, she must work 1 months notice. If she leaves without working her notice, it states that she has to pay 2 months salary back to them,"

...then I would have thought that having read it prior to signing it, then they have just cause to take the money.

You should REALLY learn before you speak. Her contract regarding Thai Labor Laws CANNOT make her pay back one cetang. The only thing a contract can do in that situation is not pay her severance pay. Think before you recomend man.

you better not apply for a job at sunbelt then... ...man...

Edited May 25, 2010 by Lobin