Employer Refuses To Pay Contract: What Steps Should Be Taken.

[walterego]

Hello dearest readers, thanks in advance for your cheek, your slander, your humour, your ingnorance, your wisdom and most of all and particularly for any and all useful advice in the matter outlined below. I eagerly seek your help.

I have been working for 1.5 years for an unnamed University in Chachoengsao.

My contract has finally ended or will end at the end of this month. Until now there have been no complaints, only praise for my work to date.

With one month to go in April I have no school to teach at (the school is closed for holidays) my contract does require me to teach 20 hours a week at a local school for the university.

I have not been requested to do any other tasks in this time.

My contract clearly states that I should be paid salary until the end of April 2013 and at no time prior has my employment been terminated.

The boss of my faculty/language centre ( a small part of the university, I am employed by the central body that is the Univeristy as a whole on my work permit and work for a small faculty) is refusing to pay me my last months salary. I have tried negotiating with her but the discussion becomes more and more heated, with her in the last email starting to slander my previous years work (though througout the year they were very happy). In her email to me she has already admitted that it is in the contract though as I did not perform 20 hours teaching in April (the school is closed) she does not have to pay.

I must pursue the matter. I am not wealthy and my family needs to eat.

My next step will be going to the Dean and head of the University.

Can someone advise what are the steps involved after this?

I have been advised that I can deal with the Labor office and pursue the matter,

How does this work?

What steps can I take to pursue the matter? How do I go about taking those steps?

How does one take legal action and what options are available?

Do I need a solicitor and do many work pro bono?

(the matter is quite cut and dry as it is clear I should be paid until the end of April in the contract).

I believe there are many people who face situations like this every year and a step by step, laymans guide to not getting paid from someone who is 'in the no' and has succesful experience in this matter would be greatly apreciated by myslef and perhaps also by a great number of readers to come.

dear forum contributer: I eagerly await your advice, thanks in advance.

[Loaded]

Go to your local labour office with copies of your contract and a summary of the main points of your dispute. They will try to mediate for you. If you have a case, they will prosecute your employer on your behalf.

[USNret]

If your contract specifically says you must teach 20 hours in April to get paid, and the school is closed in April, sounds like it was a set-up from the beginning (meaning, they have always intended to cheat you out of one month's pay). This needs immediate escalation. Out of courtesy, I would take it to the Dean first to give him/her first crack at resolving the situation, and a few days later take it to the labor office.

[lostinisaan]

Hi dude,

There's a place at each city hall, where you'd go to ask for advice. They'll even give you a free lawyer, if you've got the contract in Thai.

They're mostly in favour for the employees, then the labour department....

Paid in April means paid in April, if you're teaching, or not.

Please ask a Thai where to go to, guess they don't want bad publicity. Good luck!

Edited April 23, 2013 by lostinisaan

[sirchai]

Please don't go back, where we've met before.

Give it a try, go to the city hall, the labor and show them that you're not a female cat.

Good luck from lower north east.-

[thequietman]

You have completed 1 year so they also owe you 1 months severance pay.

Go get the sods and as sirachai says, don't be a pussy. The very best of luck to you sir.

[WonnabeBiker]

Hi Walter

issues like yours are far too common. Somehow individuals and whole departments get monies saved this way. Your April salary would pay for a wicket karaoke party

Find out where the Labour Court for your region is, then go there. For Region 5 I needed a translator. For Bangkok, a judge told me they have translators and lawyers to help every step of filing a lawsuit. And it will be free. At the Labour Court for Region x, I just needed a translator. Conducting the translation by mobile phone was awkward and took a lot of time. That's why I would take a Thai friend along.

There will be an arbitration hearing a few weeks later.

The court appointed lawyer will argue your case and you should get paid IMHO. (I had a similar issue once when the contract stated x months tims yy,000 Baht. The boss thought they might get away with not paying anything. Then she tried to offer "50%". No pay for a few days, then they paid up.

The expectation to get your salary in cash makes some Thai superiors go wild. Chances are, she will back down when the court notifies the university.

Good luck!

[WonnabeBiker]

P.S.: If you are too busy to handle this yourself, I found a Thai lawyer who has very reasonable rates.

2 suits cost me 20,000. I would reckon a quick letter to the university might be 1-2,000. The law is quite clear

about severance etc. Those clever crogs should have amended the contract if there is nothing to do in April.

[walterego]

Yes, ok thanks for the feedback so far. I have met a lot of people that this has happened to in varuous places and it seems all to common. I am all up for having a crack at it even if it both of us lose a small shirt (though not a shirt a small skimpy boob tube is about all my budget can bear) because I feel cheated. I will however pursue it with the Dean and Admin first.

Does anyone know if there is a time frame in which action must be mentioned, lodged of listed? Like can a complaint be made after 28 days for example? How lond does one have to prepare?

Can a relative act on my behalf if i am absent or overseas?

Thanks for all info so far.

[Ijustwannateach]

Labour department and/or a lawyer. Just the beginning steps should probably be enough to get the money in hand once they have processed the idea that they have behaved illegally (it really is hard to get that through some Thai management minds sometimes). But you probably shouldn't keep working there- or was that obvious? And no, you're probably not really going to see any progress on this if you're not actually around.

[Ijustwannateach]

(Frankly speaking, if they don't renew your contract as a result, you could also claim 30 days severance more on top for not giving you proper notice).

[TehBen]

Did you fulfill your end of the contract? Did you go to work during April?

[sirchai]

Did you fulfill your end of the contract? Did you go to work during April?

My contract clearly states that I should be paid salary until the end of April 2013 and at no time prior has my employment been terminated.

The boss of my faculty/language centre ( a small part of the university, I am employed by the central body that is the Univeristy as a whole on my work permit and work for a small faculty) is refusing to pay me my last months salary. I have tried negotiating with her but the discussion becomes more and more heated, with her in the last email starting to slander my previous years work (though througout the year they were very happy). In her email to me she has already admitted that it is in the contract though as I did not perform 20 hours teaching in April (the school is closed) she does not have to pay.

Please feel free to read Walter's post. Walter, please don't use such complicated English. Is your Kangaroo still sick?

You'd promised me to see me in lower north east. Need a job? Post me.-Cheers, mate-

Edited April 28, 2013 by sirchai

[Stradavarius37]

Labour department and/or a lawyer. Just the beginning steps should probably be enough to get the money in hand once they have processed the idea that they have behaved illegally (it really is hard to get that through some Thai management minds sometimes). But you probably shouldn't keep working there- or was that obvious? And no, you're probably not really going to see any progress on this if you're not actually around.

Tell your boss that you will be 1) going to speak with the Dean, and then 2) Going to speak with the labor department (Make sure you put the wording of Labor Department in Thai). If that doesn't shake loose your money, then actually follow the steps. you outlined.

[TehBen]

Did you fulfill your end of the contract? Did you go to work during April?

"as I did not perform 20 hours teaching in April she does not have to pay"

Please feel free to read Walter's post. Walter, please don't use such complicated English.

Did you go to work during April?

[TehBen]

No answer.

Well, if it's a no, she doesn't have to pay you.

If you were working in an office in the US, Australia, Uk, wherever, and you finished your work for the month, can you just leave without telling your superiors and not return for weeks on end??

While almost all employment contracts will not specifically state this, they will state situations where not being at work without notice is a breech of contract, which is essencially what this is.

My opinion, don't bother taking this further, it will only cost you in the end.

[thaicbr]

No answer.

Well, if it's a no, she doesn't have to pay you.

If you were working in an office in the US, Australia, Uk, wherever, and you finished your work for the month, can you just leave without telling your superiors and not return for weeks on end??

While almost all employment contracts will not specifically state this, they will state situations where not being at work without notice is a breech of contract, which is essencially what this is.

My opinion, don't bother taking this further, it will only cost you in the end.

But if the Thai teachers also did not come into work for ANY OF THAT period it kinda negates the argument. Also if after the 1st day of absence !!!!! if they did not contact him, again mutes the argument.

[TehBen]

No answer.

Well, if it's a no, she doesn't have to pay you.

If you were working in an office in the US, Australia, Uk, wherever, and you finished your work for the month, can you just leave without telling your superiors and not return for weeks on end??

While almost all employment contracts will not specifically state this, they will state situations where not being at work without notice is a breech of contract, which is essencially what this is.

My opinion, don't bother taking this further, it will only cost you in the end.

But if the Thai teachers also did not come into work for ANY OF THAT period it kinda negates the argument. Also if after the 1st day of absence !!!!! if they did not contact him, again mutes the argument.

It doesn't mute or negate anything, I don't know where you are getting that idea from.

Plus, you don't know what their contracts state.

You can't base your actions on the actions of other people; it's not going to hold up in court is it

Also, it's not their responsibility to contact him, its his responsibility to notify them.

I'm not just trying to start an argument, I'm just trying to understand the truth of the situation.

[thaicbr]

No answer.

Well, if it's a no, she doesn't have to pay you.

If you were working in an office in the US, Australia, Uk, wherever, and you finished your work for the month, can you just leave without telling your superiors and not return for weeks on end??

While almost all employment contracts will not specifically state this, they will state situations where not being at work without notice is a breech of contract, which is essencially what this is.

My opinion, don't bother taking this further, it will only cost you in the end.

But if the Thai teachers also did not come into work for ANY OF THAT period it kinda negates the argument. Also if after the 1st day of absence !!!!! if they did not contact him, again mutes the argument.

It doesn't mute or negate anything, I don't know where you are getting that idea from.

Plus, you don't know what their contracts state.

You can't base your actions on the actions of other people; it's not going to hold up in court is it

Also, it's not their responsibility to contact him, its his responsibility to notify them.

I'm not just trying to start an argument, I'm just trying to understand the truth of the situation.

Nope.. not trying to start an argument. As you have stated YOU do not know what his contract says. nor do i. But having worked here for a number of years i do know what school admin staff will try and get away with..If the school did NOT give him a schedule for the time they say he should of worked then there was no work.. do you understand?

Any way OP. I hope you get it sorted out.

[TehBen]

No answer.

Well, if it's a no, she doesn't have to pay you.

If you were working in an office in the US, Australia, Uk, wherever, and you finished your work for the month, can you just leave without telling your superiors and not return for weeks on end??

While almost all employment contracts will not specifically state this, they will state situations where not being at work without notice is a breech of contract, which is essencially what this is.

My opinion, don't bother taking this further, it will only cost you in the end.

But if the Thai teachers also did not come into work for ANY OF THAT period it kinda negates the argument. Also if after the 1st day of absence !!!!! if they did not contact him, again mutes the argument.

It doesn't mute or negate anything, I don't know where you are getting that idea from.

Plus, you don't know what their contracts state.

You can't base your actions on the actions of other people; it's not going to hold up in court is it

Also, it's not their responsibility to contact him, its his responsibility to notify them.

I'm not just trying to start an argument, I'm just trying to understand the truth of the situation.

If the school did NOT give him a schedule for the time they say he should of worked then there was no work.. do you understand?

But that is not necessarily true, is it. Just because he wasn't given teaching hours, does not mean that he can avoid going to work altogether. Do you understand?

[TehBen]

The point is that he stated that he works for a language centre, who subcontracts him out to a local school. If the local school is closed, then he won't have any teaching hours there, but he still works for the language centre, and must report to them.

Anyway, since we are not getting any responce to questions from the OP, this is pointless.

[walterego]

Actually the contract had been terminated prior to April. It had been severed and work permits collected. Therefore severance is the issue as I am advised. I was advised by the institute that I was no longer required. Despite the contract ensuring employment to the end of April. So TehBen in answer to your in bold question, it is not relevant as severance is the obvious issue. However I still attended the institution (went to work) during the month of april and attended the schools that the Uni had contracted me (who already have provided written reference of the satisfaction of my work). As told on many occasions that there were no tasks to be done and all my work was completed to satisfaction.

Sirchai: Sorry mate, I didnt realise who Sirchai is... but I do now will pop back soon to see my family (pursue this matter with a now apointed solicitor) & hopefully you also. Hope your good.

[walterego]

Sorry about double post.

Due to this now becoming a legal issue, I shall be unable to discuss details further. However open discussion on how to deal with unfair termination or pay issues (What the thread is about (wether I alone am correct or not is secondary, the process is the threads focus) is most welcome.

Thanks so much for the imput. Without some of the clues I might not have pursued it.