Is There A Maximum Legal Delay To Bring An Unlawful Employer To Court ?

[Cekoia]

I was laid off by my employer a year ago.

I did not receive any severance payment, nor one month notice.

At the time, I was advised to not retaliate as this would have geopardized the career of some my relatives that were working for the same company

It is now more than one year, can I still fill a complaint with the labor department asking my employer to fulfill its legal obligation (i.e. pay severance package for my 3 year of services)]

If so, what is the most direct/affordable way for me to do it?

- go straight to the office that issued my work permit (one stop visa service in chatchuri square in Bkk) , bring in a few tax reports/salry slips and then fill a form (in english ??)

- or ...

Any advice is welcome,

Thanks in advance for your help,

CK

[BrianCR]

No

[Cekoia]

No

Hi Brian,

Do you mean "no" as

- No, there is no delay limit to fill a complaint against an employer

- or No , I cannot fill a complaint anymore after one year has passed

Thanks,

[BrianCR]

No, you can't bring the complaint you're out of time

[Cekoia]

No, you can't bring the complaint you're out of time

Thanks Biran.

Actually, just rechecked my departure date form this company and I anniversary date is March 4.

Can you please confirm what is the duration of the legal period.

If it is one year, I would then be sill be within the legal delay.

Thanks.

[Mario2008]

Why don't you just check with the labour office.

[Badbanker]

I know for criminal issues you have 3 months from the date of the incident. Is there a similar limitation for labor cases?

[Cekoia]

Just called a reputable law firm. As per their litigation lawyer, the delay to fill a complaint is 2 years.

Topic closed ; )

[BrianCR]

I know for criminal issues you have 3 months from the date of the incident. Is there a similar limitation for labor cases?

To bring a case against an employer and win, you need the backing of the labour department. With that backing the chances are that the employer will settle with the department, who will represent you if, they believe that your case is just. Without that backing you will need a civil court to hear your case, not a labour tribunal. A civil court has a period of two years after the civil incident (many Thai lawyers will even take a case on, with payment up front, knowing that the case will be thrown out. The Labour Department will only handle a wrongful employment claim if made WITHIN a three month period of dismissal. You can try going it alone in a civil court but, you will likely lose as a labour tribunal (under the backing of the labour department is actually on your side more than that of the employer and a civil court is suppose to be impartial, Thank you and good night

[Ackybang]

Hello Cekoia,

Unless you were specifically tied to a working contract that otherwise stated, it would appear you have a valid claim against your former employer - certainly in terms of severance pay, after 3 Years of employment. Severence pay is normally banded concurrently - if I remember rightly, my employees, after one Years work, were entitled to 1 Months full pay (Thai). You may be entitled to around 3 Months money.

It might be difficult to gain anything compensation wise on the notice issue, or prove that they actually lent on you over your relative's employment status's, but it might lend weight to your overall claim against the employer - be careful about unsubstantiated accusation. Go and seek advice / representation with the labour office - you do have rights, and are protected by the law to some degree - it certainly won't cost you anything other than time, in the first instance.

I take it you're not Thai - most Thais are protected under labour laws, in my experience, often to the easy exploitation / detriment of their employers (if the employer is legally above board, and if an initial contractual induction period is satisfied) - and can be quite a liability in a short period of time, if they want to kick off about something - however petty, or however bad their own work ethic turns out. Most employers have little, or a very slow recourse if their employees decide to quit without notice, steal or do anything offensive - which happened to me numerous times. Obviously, I looked after everyone of my employees as best as I could, and when I shut my company down, I gave them all plenty of notice + appropriate severance pay + huge piss up / feast / party at the end - anyone who wouldn't do this for a good employee doesn't deserve to run a business, or have any manners / conscience, in my opinion.

If you feel you have been slighted, and have a valid case, and you're not going to affect your relative's livelyhood anymore - under threat of a vindictive rhetoric - pursue it thoroughly - I would - you have nothing to lose, and why should you let them get away with it ?

You might perhaps be prepared for a long wait, if the labour office will represent you - I have a group of Thai friends who were treated extremely unfairly by their employer, and waited over a Year for compensation. The employer just ignored the letters until he was caught up with.

Good luck.

[WonnabeBiker]

Well, I'm fighting for just one month's severance plus notice period and a month which I worked and wasn't paid either.

I found and hired an English speaking attorney. Paid 5,000 to assess the case, then 15 k. Hope he will file today.

Want his #, give him a call?

There is usually a 15% interest to add and more than just severance. What about the notice period?!?

You could also take him to court yourself. This will lead to arbitration and you will have the court's lawyers

assess the situation for free. You can walk in (bring a translator if you do this outside Bangkok).

Who broke the law? Not you! Fight back - I have only about 100 k as lowly teacher at stake.

Good luck and PM me if this is for the Labour Court in CM. Forget high powered and expensive law firms.

Chris

[Colabamumbai]

Worked at Kalasin Pittayasin 2 years ago the did not pay me the 3,000 Baht for the five months written in the contract. My lady boy girlfriend whom you all know about now refused to help me, now that I have left her and had to go to labor today to renew my one year for another school,, they called them and told them to straighten it out. One director said he had to talk to another, 3 months ago they told me I may be working with them again when I saw it was B/S I did what I had to do. Labor told me listen to him when he calls you Monday, and if you have a problem call us. So no Problems about that for you. I work at 2 schools and teach employees at the Government Welfare office in Sahatsakhan. Many teachers are having problems at that school I spoke to one today when I went to see the director, they will not pay him severence, he will be at the labor office soon. Go for it good luck.

[Colabamumbai]

Worked at Kalasin Pittayasin 2 years ago the did not pay me the 3,000 Baht for the five months written in the contract. My lady boy girlfriend whom you all know about now refused to help me, now that I have left her and had to go to labor today to renew my one year for another school,, they called them and told them to straighten it out. One director said he had to talk to another, 3 months ago they told me I may be working with them again when I saw it was B/S I did what I had to do. Labor told me listen to him when he calls you Monday, and if you have a problem call us. So no Problems about that for you. I work at 2 schools and teach employees at the Government Welfare office in Sahatsakhan. Many teachers are having problems at that school I spoke to one today when I went to see the director, they will not pay him severence, he will be at the labor office soon. Go for it good luck.

Sory I could not edit my post they paid my Salary of 30,000, but not the 3,000 apartment rent, 10,500Baht as quoted in the contract. They thing that we are stupid and will do nothing or do not know how to go about it.