company not paying

[nami]

Hi there,

A very good and close Thai friend of mine worked for 8 years in the same company without any trouble. She found a better job and gave them the 1 month notice, then the problems started. I told her to get a paper signed about the notification so they couldn't complain about leaving without notice and they kept postponing it. After that the company claimed a 40k luggage (she was selling luggage) was lost. They have a fully automated system so the inventory should keep synced with the stock in the computer. Looking at the contract and the labour laws it looks like she is entitled to somewhat around 20k (10k for the last month salary + a severance). Even if I got the severance part wrong, they still owe her the last worked month salary.

2 months after she left the company, they keep saying they didn't have time to check the stock. Today they called her and told her they will pay her 900 baht because of the lost luggage (20k - 40k =900). This is outrageous and she doesn't know what to do. I believe a complain in the labour department should be filled.

My questions are:

1. Would you warm the company you are going to complain at labour or just go and fill in the complain?

2. Is there any chance to get the money at all?

I think they are taking advantage of the lack of knowledge of the system (not that i know about it, thats why i am asking here). This is not the first case someone leaves the company and problems suddenly appear.

Any advice is appreciated (flames to /dev/null)

[BrianCR]

You got the severance part wrong! If you resign from a company they only need to pay you until the final day of working (severance is if they try sacking you). Your friend is very much entitled to her last months salary and yes, she should first inform the company (in writing) that she intends to take labour court action against them for non-payment. By labour law, theft is a reason for dismissal but, as she wasn't dismissed and as no report of theft was made to the police they might have a hard time proving it. Even if they have proof of theft or that she ignored company policy and didn't protect their stock they still do NOT have the right to withhold salary but could start a criminal or civil action against her. To sum it up she is very much entitled to be paid for the work she has done and any complaint by the company regarding stock is a completely separate matter. Most companies will pay up after a phone call from the local labour department who will arrange a meeting between your friend and the company, after which, should the company not pay up the labour department will start a labour tribunal case against them.

[Joburg]

She hasn't got too much of a leg to stand on and the money is relatively small. She is entitled to her last month's salary though. I suggest a trip to the labour court is her answer. It's an easy and straight forward process. You can get the way to get there on my fb page andrepplus. Attached is a pic.

Alternatively, she could do what I did with a Burmese that owed me money: I told him that his hospital bills would be more than the money he owed me. He coughed up the money.

Keep me updated on what's happening.