Staff caught stealing, what is the law regarding the wages? Also law about unpaid trial

[harrry]

Oh my God man, just give the guy his pay and be done with it.

I am just astonished that you are jumping up and down about such an insignificant issue.

Oh, and by the way, in Australia, workplace agreement contracts have to be given to the govt for the ok before they are considered legal. So no, just because both parties sign a contract doesn't automatically make it a binding agreement.

You run your business the way you like and i run mine the way i like, and i am certainly not in the business of rewarding thieves.

As for Australia, unless something has changes in the past 10 years, i suggest you check again

http://en.wikipedia.org/wiki/Australian_workplace_agreement

An Australian workplace agreement (AWA) was a formalized individual agreement negotiated by the boss and employee. Employers could offer a "take it or leave it" AWA as a condition of employment. They were registered by the employment advocate and did not require a dispute resolution procedure. These agreements such as performance evaluations, operate only at the federal level. AWAs were individual written agreements on terms and conditions of employment between an employer and employee in Australia, under the Workplace Relations Act 1996. An AWA could override employment conditions in state or territory laws except for occupational health and safety, workers’ compensation or training arrangements. An AWA was required to meet only the most minimal Australian Fair Pay and Conditions Standard. Agreements were not required to include effective dispute resolution procedure, and could not include prohibited content. Agreements were for a maximum of five years; approved, promoted and registered by the Workplace Authority; operate to the exclusion of any award; and prohibit industrial action regarding details in the agreement for the life of the agreement. The introduction of the Australian Workplace Agreements was a controversial industrial relations issue in Australia.

During a Senate Estimates hearing on 29 May 2006, Peter McIlwain, Head of the Office of the Employment Advocate (OEA) detailed that from a sample of 4 per cent, or 250, of the total 6,263 AWAs lodged during April 2006 after WorkChoices was introduced, that: 100% of AWAs removed at least one protected Award condition; 64% of AWAs have removed annual leave loadings; 63% of AWAs have stripped out penalty rates; 52% of AWAs have cut out shift loadings; 40% of AWAs have dropped gazetted public holidays; and 16% of AWAs, have slashed all award conditions and only the Government's five minimum conditions are satisfied.[6]

New AWAs were banned under the Fair Work Act 2009

The relevent provisions of the laws applied regardless of what was in the agreement.

http://www.smartcompany.com.au/industrial-relations/055300-former-restaurant-managers-fined-35-000-for-underpaying-foreign-cook.html

shows what can happen in Australia if the OP started using his tricks.

[lemoncake]

Oh my God man, just give the guy his pay and be done with it.

I am just astonished that you are jumping up and down about such an insignificant issue.

Oh, and by the way, in Australia, workplace agreement contracts have to be given to the govt for the ok before they are considered legal. So no, just because both parties sign a contract doesn't automatically make it a binding agreement.

You run your business the way you like and i run mine the way i like, and i am certainly not in the business of rewarding thieves.

As for Australia, unless something has changes in the past 10 years, i suggest you check again

http://en.wikipedia.org/wiki/Australian_workplace_agreement

An Australian workplace agreement (AWA) was a formalized individual agreement negotiated by the boss and employee. Employers could offer a "take it or leave it" AWA as a condition of employment. They were registered by the employment advocate and did not require a dispute resolution procedure. These agreements such as performance evaluations, operate only at the federal level. AWAs were individual written agreements on terms and conditions of employment between an employer and employee in Australia, under the Workplace Relations Act 1996. An AWA could override employment conditions in state or territory laws except for occupational health and safety, workers’ compensation or training arrangements. An AWA was required to meet only the most minimal Australian Fair Pay and Conditions Standard. Agreements were not required to include effective dispute resolution procedure, and could not include prohibited content. Agreements were for a maximum of five years; approved, promoted and registered by the Workplace Authority; operate to the exclusion of any award; and prohibit industrial action regarding details in the agreement for the life of the agreement. The introduction of the Australian Workplace Agreements was a controversial industrial relations issue in Australia.

During a Senate Estimates hearing on 29 May 2006, Peter McIlwain, Head of the Office of the Employment Advocate (OEA) detailed that from a sample of 4 per cent, or 250, of the total 6,263 AWAs lodged during April 2006 after WorkChoices was introduced, that: 100% of AWAs removed at least one protected Award condition; 64% of AWAs have removed annual leave loadings; 63% of AWAs have stripped out penalty rates; 52% of AWAs have cut out shift loadings; 40% of AWAs have dropped gazetted public holidays; and 16% of AWAs, have slashed all award conditions and only the Government's five minimum conditions are satisfied.[6]

New AWAs were banned under the Fair Work Act 2009

The relevent provisions of the laws applied regardless of what was in the agreement.

http://www.smartcompany.com.au/industrial-relations/055300-former-restaurant-managers-fined-35-000-for-underpaying-foreign-cook.html

shows what can happen in Australia if the OP started using his tricks.

I realize it might break your heart, but OP ran a succesfull business with "tricks" as you like to call it for over 7 years and sold the company for a nice lump sum.

Op was also featured a few times on the cover of Australian, but you just keep on posting links

PS. Try reading what is written , my staff were on $4-$5 more per hour than standard rate in the industry, your useless link is in regards to underpaying

[FDog]

OP featured on the cover of Australian. hahahahaha good one.

Surrrrre you were.

So why don't you name your business in Thailand? I think we all know why.

Where you the one in an earlier thread asking about car loans?

Edited August 11, 2013 by FDog

[lemoncake]

OP featured on the cover of Australian. hahahahaha good one.

Surrrrre you were.

So why don't you name your business in Thailand? I think we all know why.

Where you the one in an earlier thread asking about car loans?

What does car loans have to do with this thread or anything else for that matter?

[FDog]

OP featured on the cover of Australian. hahahahaha good one.

Surrrrre you were.

So why don't you name your business in Thailand? I think we all know why.

Where you the one in an earlier thread asking about car loans?

What does car loans have to do with this thread or anything else for that matter?

just thought that you not listening to others because you are wayyy to successful in business that you would have enough money to buy a car. You know, being so good to be featured on the cover of the Australian and all.

But I suppose getting all worked up over having to pay a few baht to someone that worked a few days for you then money must be tight and you aren't all you think you are.

[lemoncake]

OP featured on the cover of Australian. hahahahaha good one.

Surrrrre you were.

So why don't you name your business in Thailand? I think we all know why.

Where you the one in an earlier thread asking about car loans?

What does car loans have to do with this thread or anything else for that matter?

just thought that you not listening to others because you are wayyy to successful in business that you would have enough money to buy a car. You know, being so good to be featured on the cover of the Australian and all.

But I suppose getting all worked up over having to pay a few baht to someone that worked a few days for you then money must be tight and you aren't all you think you are.

Car is a business expense, whereby repayments, maintenance, petrol, insurance-all can be written off on tax, as well as depreciation.

But that might be little complex to understand for a business owner like yourself, or perhaps you missed that day at business school? or perhaps never had a business to start with

When, if ever you own a business, you might actually understand what and how thieving staff make you feel,until then enjoy the "internet business ownership"

[FDog]

OP featured on the cover of Australian. hahahahaha good one.

Surrrrre you were.

So why don't you name your business in Thailand? I think we all know why.

Where you the one in an earlier thread asking about car loans?

What does car loans have to do with this thread or anything else for that matter?

just thought that you not listening to others because you are wayyy to successful in business that you would have enough money to buy a car. You know, being so good to be featured on the cover of the Australian and all.

But I suppose getting all worked up over having to pay a few baht to someone that worked a few days for you then money must be tight and you aren't all you think you are.

Car is a business expense, whereby repayments, maintenance, petrol, insurance-all can be written off on tax, as well as depreciation.

But that might be little complex to understand for a business owner like yourself, or perhaps you missed that day at business school? or perhaps never had a business to start with

When, if ever you own a business, you might actually understand what and how thieving staff make you feel,until then enjoy the "internet business ownership"

There you go assuming again.

So what is the name of your business?

[lemoncake]

There you go assuming again.

So what is the name of your business?

Assuming what? that you do not have a clue about business? or that you do not understand the reasons why a business owner would buy a car under finance instead of cash payment?

I believe i did not assume any of the above as you clearly shown you do not have a clue, though you were pretty good knowing all the brothels around Pattaya on another thread.

I believe you were also pretty proud of that achievement, so i guess courses for horses, stick to what you know best

Edited August 12, 2013 by lemoncake

[Nayet]

If an employee is caught stealing, shouldn't you report it to the police? Althgouh I am sure the employee would prefer to just get s-canned and not paid.

[harryfrompattaya]

Slave labour??? No wages??

If you are the employer then you have the right to recruit and dismiss who you choose, of course I understand that you must protect your business and company interests so anyone who dips there hand and is caught red handed should be dealt with and and disciplined, but regardless of thai employment regulations see common sense and pay people a fair days wage for a fair ( and honest ) days work.

let me repeat again,

If you do not have a business in Thailand and just guessing,or sharing the law in your home country, please do not respond as it is irrelevant

My wife has very big business if they steal she beheads them if you want to learn how to this she will teach you for a fee.

[harryfrompattaya]

Under Thai labour law you are NOT allowed to stop any money from salary unless the employee agrees with this in writing. If stoppages are included in a written contract money maybe stopped unless the employee claims that they were (forced to sign that contract). In the case of theft you are legally entitled to dismissed the employee without notice or any such other payment other than the time actually worked.

The theft should be reported to the police and legal action taken to protect yourself against a future claim for wrongful dismissal. You may then also start a civil case to recover your property BUT, legally you can't stop it from the salary!

In practice things work slightly differently, before you pay salary, you inform the employee that you intend to call in the police and prosecute or that the employee returns the goods or signs an agreement stating that he or she stole the goods and offers his or her salary by way of compensation. In return for doing this the police will NOT be called in! Most employees will agree with the latter part.

Thanks for that, as i mentioned in the past when employees were caught stealing and police was called, nothing happened, police did not even follow up, even when i pressed charges.

So are you saying that even police were not to take action, still need to file a police report? even for employees who are on probation so dismissing them is not a problem

Why do have trouble with so much stealing and the police pay no attention to you. You must be doing a lot wrong.

I will suggest you relax your wife is going to get all your money sooner if you do not relax

[harryfrompattaya]

Instead of just dismissing people who try to help you on here why don't you go to the Labour dept and get the answer you are looking for?

People are trying to give you advise which it seems you don't want and you have no right to say who and who cannot reply to your post as this is a public forum

Your rudeness makes me surprised anyone would answer you at all

The Labour dept will answer your question in 2 minutes

So you do not have any related experience or knowledge? but bored so felt the need to troll in

Do you have experience speaking with labor department?i am guessing the answer is a no

I have advised you to go to the Labour dept, that is not trolling that is advice

My other points were about your downright rudeness, a view that seems to be shared by others on here

Did i ask you " where i should ask"? It did not cross your mind that i am well aware of labor department?

I will ask you again, have you dealt with labor department?

Yes do i get a prize

[JLCrab]

OFFENCE OF THEFT AND SNATCHING Section 335 Whoever commits theft under any of the following circumstances:

• 11. Upon a thing belonging to or in possession of the employer;

Shall be punished with imprisonment of one to five years and fined of two thousand to ten thousand Baht.

The Criminal Code of Thailand

[harryfrompattaya]

Instead of just dismissing people who try to help you on here why don't you go to the Labour dept and get the answer you are looking for?

People are trying to give you advise which it seems you don't want and you have no right to say who and who cannot reply to your post as this is a public forum

Your rudeness makes me surprised anyone would answer you at all

The Labour dept will answer your question in 2 minutes

So you do not have any related experience or knowledge? but bored so felt the need to troll in

Do you have experience speaking with labor department?i am guessing the answer is a no

Being rude does not seem to be working for you

Go to labour department

And yes know the answer but will not provide it as you seem unwilling to listen to others

But judging from the way you right people off I can guess why the would steal from you

Please go troll else where

I know you are troll or a little ****