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Legal Rights When Working In Thailand?

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Firstly sorry if i am in the wrong forum!

My problem is this:

I have been working for a Thai/american company since june of last year,they provided for me the work permit.

so have been paying tax and work legally.

We finished a contract on the 23rd of december(construction)

My boss tells me he doesn,t yet have another singed contract to start another project,but doesn,t want me to leave as he has paid for the work permit ect,but also doesn,t want to pay me when i am not really working,this has been going on for a month now,so i have no money coming in and we still wait for a contract to start.

What if any legal rights do i have?

If he terminates my employment now due to not having any work for me does he have to pay me for the month of january?

also does he have to give me one months notice?

What are his legal obligations?

if any one can give me any info i would be greatful

Thanks in advance.

If you have an employement contract your employer will need to comply with the terms of the contract, which include pay you. If he doesn't want to pay you, he should fire you and pay your salary till the date you are fired and pay for firing you for terminating the contract prematurely.

Your contract could also state the necesarry things about this.

The labour office is there to help you if you have problems with your employer. If need be they will go to court on your behalf. Most employers won't let it go so far.

If you are staying on an extension of stay from immigration based on employement, you need to leave the country when you lose your job. Immigration can give you an extra 7 days to leave.

Legally speaking it appears you are still employed, seeing as the company has not given you notice, therefore they should be paying you, if he terminates you now, they would be required to pay you for Jan, and believe you may even be entitled to serverance pay as well on face value under this ruling

1.An employee who has worked for at least 120 consecutive days, but for less than one year shall be paid basic pay for 30 days at the most recent rate of basic pay received by him"

However per another paragraph, they may try and pull these clauses on you in order not to pay severance

8.An employment contract shall be terminated when the specified period in the employment contract expires, the works related are as follows:

8.1 Employment on a special project, which is not in the normal way of business or trade of the employer, where there is a fixed schedule for commencement and completion of work.

They should be giving you notice, if the intention is to terminate your employment

However with the above being said, sometimes company's in these sorts of situations with mutal agreement of both the employer and employee are prepared to keep someones work permit going, even though there is no immediate work, with no pay and if there is something on the horizon, but in cases like this typically the employer needs to pick up the monthly tax bill/other costs for the employee, but typically the employee will sit at home.

If the intention of the employer is to make you work for no pay because they have paid for a WP and the company has no paying work for you then this is in contravention of the labour law.

So maybe in some respects the employer is trying to do you a favour, he wants you to stay, is prepared to keep your WP going until the new job comes in, but cant or is unwilling to pay you

But as it stands, the company should be paying you for at least Jan

as "Mario2008" stated the department of labour (DOL) is there to help you with legimate greviances and they are very pro employee...BTW what ever you do in this instance, DO not resign or sign any paper work to that effect otherwise you may loose any possible claims you have against the company

Edited by Soutpeel

Legally speaking it appears you are still employed, seeing as the company has not given you notice, therefore they should be paying you, if he terminates you now, they would be required to pay you for Jan, and believe you may even be entitled to serverance pay as well on face value under this ruling

1.An employee who has worked for at least 120 consecutive days, but for less than one year shall be paid basic pay for 30 days at the most recent rate of basic pay received by him"

However per another paragraph, they may try and pull these clauses on you in order not to pay severance

8.An employment contract shall be terminated when the specified period in the employment contract expires, the works related are as follows:

8.1 Employment on a special project, which is not in the normal way of business or trade of the employer, where there is a fixed schedule for commencement and completion of work.

They should be giving you notice, if the intention is to terminate your employment

However with the above being said, sometimes company's in these sorts of situations with mutal agreement of both the employer and employee are prepared to keep someones work permit going, even though there is no immediate work, with no pay and if there is something on the horizon, but in cases like this typically the employer needs to pick up the monthly tax bill/other costs for the employee, but typically the employee will sit at home.

If the intention of the employer is to make you work for no pay because they have paid for a WP and the company has no paying work for you then this is in contravention of the labour law.

So maybe in some respects the employer is trying to do you a favour, he wants you to stay, is prepared to keep your WP going until the new job comes in, but cant or is unwilling to pay you

But as it stands, the company should be paying you for at least Jan

as "Mario2008" stated the department of labour (DOL) is there to help you with legimate greviances and they are very pro employee...BTW what ever you do in this instance, DO not resign or sign any paper work to that effect otherwise you may loose any possible claims you have against the company

Even working on a term contract I have been paid severence at the end, pipelines etc.

As you say the OP must not resign or he will lose any severence pay due.

  • Author

Thanks for the information everyone has given me,it gives me some piece of mind and now i know i must not resign........

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