Its Happening - Law to Tax Overseas Income Now in Progress

[mads]

Hi,

I'm in the process of hiring some Thai people for my company.

I had some before but they would be very quick to start freelancing, facebook-ing, msn-ing in their work time.

I know this can not be avoided 100%, but one thing I certainly cannot accept is someone freelancing while I'm paying for them full-time.

I need a contract that would cover me on certain points. If the employee is doing freelance work (non related work to our company) while

on work, that we will have full rights to withhold his pay. Or said in another way fire him without any compensation or pay.

A contract that also states that no non related work is allowed.

I was trying to be fair but found out fast that too much freedom will only yield bad results. So now I need a contract that will cover me.

Also a contract that contains some sort of clause.

Will I need to get a lawyer to draft me a proper contract or is it possible to find a contract online that will fit my needs ?

Any help is appreciated. Thanks.

[rfukata]

check out the labor laws of thailand first to better acquaint yourself, I am sure you can google the search.

[Gone]

Your contract will be a waste of time and non-legal no matter what unless it fully follows the Thai Labor Law. Waste of time and money. If they are slacking off just give them a warning then fire their ass next time.

[FritsSikkink]

Your contract will be a waste of time and non-legal no matter what unless it fully follows the Thai Labor Law. Waste of time and money. If they are slacking off just give them a warning then fire their ass next time.

you can only fire them after the 3th warning

[CARLIN]

Your contract will be a waste of time and non-legal no matter what unless it fully follows the Thai Labor Law. Waste of time and money. If they are slacking off just give them a warning then fire their ass next time.

you can only fire them after the 3th warning

Yeah well that won't take long

.

[tolsti]

There are several steps that you must take in order to avoid staff 'social networking' on company time and freelancing.

Some are labour related others are technical.

First, make sure that your company (the one doing the employing) is properly set up and legally established.

Then make sure you have a competent HR officer/Supervisor/Manager dependent on the number f employees (in reverse order... the fewer employees, the more experienced person) There are a myriad of rules and regulations to be complied with (from both sides).

Make sure that the company's social obligations are observed in regards to wages, overtime, income tax and social security. These have specific dates in the calendar... don't miss them.

Make sure that the employment contract is unambiguous and makes reference to the obligations of the member of staff AND those of the company.

Issue a set of rules and regulations which are linked to the contract and a copy of which is given to the employee at time of contract. These can cover use of F Book etc, no mobile phone in the workplace etc.

Supervise your employees.

Make sure that all disciplinary actions, be they verbal or written are recorded. Any action should be witnessed by HR and signed as accepted on the record by the person being warned.

Follow the correct disciplinary procedures, no matter how frustrating they are.

Look at your internet firewall. Systems such as Fortigate will allow you to control which sites may be accessed and which not.

When you have a breach of these rules and all correct procedures have been followed and you want to dismiss the person... take a deep breath, smile and allow them to resign instead. That way they do not lose face, it is less acrimonious and far less likely to end up in court where you will often ultimately lose and incur the expense. When you are approached by the next employer for a reference saying simply ' I am unable to provide a reference' speaks volumes.

[Gone]

It is not against labor rules in Thailand to not allow mobile phones at work and the employees have to leave them at the security gate or reception too. Thousands of companies do this.