Legal Question

[drummer]

My Thai friend recently started work as a commission-based saleswoman for an AC compny near MBK. Verbal contract was 10%, but on review of her contract, it says 2.5% for less than 100K, and 5% for more than 100K. She has arranged over 500K worth of sales, and some repeat customers who will keep buying.

Unfortunately, they say that she never goes to the office, and they won't give her anything. She can prove that they are her customers: She is the only one that speaks English at the company, and her clients are farang. The Old German Beer House, on soi 11, for example.

So my friend is getting her commission stolen - a lot of money and she has been out of work for quite a while.

Anyone have any ideas as to what can be done about this? Thanks!

[MyNameIsFarang]

She should go to work somewhere else, get a proper contract and take as many of her old clients with her as possible.

[drummer]

Her old clients don't seem to want to come, or even stand up for her to the business.

[drummer]

Anyone have any ideas? She *DOES* have a contract saying she works for the company, outlining her compensation terms, among other things, and she *CAN* prove that those are her clients.

I'd think that there would be something she could do - besides get really frustrated, that is...

[Khutan]

Spend a few baht and get a Lawyer, it sounds tricky, and without reading all the clauses in her contract, its not possible to givve an informed opinion.

[Dragonman]

Spend a few baht and get a Lawyer, it sounds tricky, and without reading all the clauses in her contract, its not possible to givve an informed opinion.

<{POST_SNAPBACK}>

Agree with Matt. A letter from a lawyer may help, but if it doesn't and they are happy to go to Court, it may be long and too expensive in comparison to the 25k baht she is due. Verbal contracts mean nothing in Thailand unlike in British and American law. This seems quite common in Bangkok as a couple of months ago my wife's brother and nephew both had the same thing happen. Luckily it was only a few thousand baht, but it was the fact that they had worked their socks off for a few weeks that was the annoying bit

[dr_Pat_Pong]

Ole Sam Goldwyn ( MGM Films ) always said that a verbal contract wasn't worth the paper it was written on.

[drummer]

There is a paper contract. Of some sort, but obviously I'm not a lawyer. What kinds of things should I look out for? Any recommendations on the lawyer / type of lawyer I should look for? What about buying influence? This is why my friend isn't doing anyhting herself - she doesn't think she can change anything

[dr_Pat_Pong]

She needs to worry about herself. She's Thai and must know competent Thai lawyers.

[drummer]

Well, I'm American and don't knpw competant American lawyers back in the States - not offhand anyway. If I neded on back home, I'd ask friends for recommendations...

[dr_Pat_Pong]

and that is just what the lady should do here.

[terdsak_12]

Try talking to the labour department, I hear some good things about them!!!

[Dragonman]

Ole Sam Goldwyn ( MGM Films ) always said that a verbal contract wasn't worth the paper it was written on.   

<{POST_SNAPBACK}>

I feel it would be possible to nullify the contract of any person on this forum.

"Drunken or insane persons cannot form contracts"

[dr_Pat_Pong]

It certainly would be

[kidtongue]

My Thai friend recently started work as a commission-based saleswoman for an AC compny near MBK.  Verbal contract was 10%,  but on review of her contract,  it says 2.5% for less than 100K,  and 5% for more than 100K.  She has arranged over 500K worth of sales,  and some repeat customers who will keep buying. 

Unfortunately,  they say that she never goes to the office,  and they won't give her anything.  She can prove that they are her customers:  She is the only one that speaks English at the company,  and her clients are farang.  The Old German Beer House,  on soi 11,  for example.   

So my friend is getting her commission stolen - a lot of money and she has been out of work for quite a while. 

Anyone have any ideas as to what can be done about this?  Thanks!

<{POST_SNAPBACK}>

Well, getting a lawyer is sometimes an idea, and sometimes not. The law actually says an employer is not supposed to reduce wages promised but TiT so depends on how much money is at issue and whether or not the company is willing to do some heavy leaning.

If she goes down to Labor Court, Soi 4 (Patumwan near the RR station) and talks with the intake lawyers there she can get her complaint started. They will then forward a copy of the complaint to her employer, so things may get unpleasant.

The employer then has to reply and a hearing date is set. Usually there is an adjournment at which point people try and settle, or have managed to pull some trick about when the adjournment date actually is. You should expect the company to come represented by a lawyer. It certainly would be wise for her to come back with one (the process takes about 3 weeks or so) and preferably a lawyer who is a certified Labor Lawyer, unless she wants to go to civil court, in which case she has to fork over 2.5% of the claimed value and stand in line. Labor law is pretty weird in Thailand, and if they fed her they may be able to claim an offset, stuff like that.

The clerk of the labor court does have a list of certified labor lawyers that she can get and call.