Advice On How To Go About Collecting Unpaid Wages?

[damselflydiva]

I've been living and working in Chiang Mai for about 18 months now, legally with a work permit, paying taxes, etc. My place of employment has been getting worse and worse about paying me on time or in full. At this point they owe me (and others teachers at my school) over one month's worth of wages. I can't really afford to just cut my loses and walk away. Can anyone tell me if there is someone I can complain to about this? Of course I'd like to get my money but I'd also like to let someone know what's going on. Thanks for your advice.

[Canadianasia]

contact the social security first , see if all is up to date , they will assist you to collect

[shadiadi]

Go to the labour office the place that issued your work permit but i would go in a group if you want fast action.

Not sure where the office is but the main call center is 1546 maybe get a thai to call and ask where it is for you.

Please let us know how you get on with this I am sure alot of people would be interested to find out.

[nakachalet]

this is a farang forum

spelling out or hinting at the problem spot would probably help others to avoid such entity

but it is your judgment and call

hope you are able to collect every penny entitled.... and penalty if you can....

Edited May 24, 2010 by nakachalet

[bolx]

Not NES by any chance?

[Soutpeel]

Complain to the labour office which issued your WP

[thailandbluegrass]

1) It is NOT the labor office that issues WP's.

2) Go to the labor dept at City Hall across fro the Sports Complex at 700 year old stadium. They dont speak any english and you will need your contract translated in to Thai if it already is not. These guys are great. I'm going through it right now with a pre-kindergarten school that didnt pay me and the Labor lawyer says 110% they must pay for the days worked. Just getting my translation tonight and will give it to the labor board tomorow.

3) Message me if you need any advice. The chool I was with has 2 schools, one in hang dong and the other in Chang Puek. Same school maybe?

The labor lawyer even called and told the owner that she had to pay by last friday or she would be in trouble. She blantenly said "no" so he told her "ok you want trouble i can give it to you".

Thailand is set up for the workers and the employers have almost NO rights.

[floridaguy]

1) It is NOT the labor office that issues WP's.

2) Go to the labor dept at City Hall across fro the Sports Complex at 700 year old stadium. They dont speak any english and you will need your contract translated in to Thai if it already is not. These guys are great. I'm going through it right now with a pre-kindergarten school that didnt pay me and the Labor lawyer says 110% they must pay for the days worked. Just getting my translation tonight and will give it to the labor board tomorow.

3) Message me if you need any advice. The chool I was with has 2 schools, one in hang dong and the other in Chang Puek. Same school maybe?

The labor lawyer even called and told the owner that she had to pay by last friday or she would be in trouble. She blantenly said "no" so he told her "ok you want trouble i can give it to you".

Thailand is set up for the workers and the employers have almost NO rights.

This is correct. It works the same for foreigners or Thais. I worked for an American company with an American Managing Director. He didn't pay me for 2 months. I went to my local Labor Department. This is what they told me. First, MD's are personally liable for any company debts incurred while they are the MD. Meaning, if the company can't pay, the MD must pay or go to jail. The court can seize company and MD assets to repay debts. thailandbluegrass is correct, Thailand is geared towards the employee, not the company. Disputes usually favor the employee. At the Labor Dept they told me they could actually flag the MD's passport to restrict his movements and to revoke his own WP. Also, there is more weight in numbers. If others haven't been paid, the Labor Dept urged me to convince them to come forward and complain, as it gives them more grounds to play hard ball.

[Soutpeel]

First, MD's are personally liable for any company debts incurred while they are the MD. Meaning, if the company can't pay, the MD must pay or go to jail. The court can seize company and MD assets to repay debts.

I suspect that the labour dept knows nothing of company law, a limited company is a legal entity and the MD or other director is an officer of that company, Suggesting that the MD of a limited company is liable in his or her personal capacity....is completely un-true

The MD is not liable for limited company debts incurred on behalf of/or in the the company name and cannot seize any MD assets which are in his or her name, if in company name then yes could be seized.

If a Sole Proprietor type company...then yes can be held liable in a personal capacity in the circumstances you mention

[thailandbluegrass]

Guys, Maybe start another topic about that. The OP made a post because he was ripped off by the school and wants to know what he can do to get his money. I have told him and waiting to see if he responds. But it seems he has not yet.

This is a Thai owned school with no Farang owners or MD. Probably Chinese Thai. These kind of schools need to be stopped and shut down until they learn respect for the law. In my case when the Labor Lawyer told the School owner to pay me and she said "No" this in his words is "Well obviously they have no respect for Thai law. If she wants trouble I will give her trouble". I should be in court this week and keep you posted but until then again if the OP wants to send me an email and wants me to help then I am willing to do so.

[thailandbluegrass]

Hmmmm guess the OP iether got hit by a truck or ain't really worried anymore. Normally when someone posts looking for some advise they check in once in awhile. Oh well.......