Benefits in job advert: Work Permit

[schondie]

I recently took a job that advertised a Work Permit as a "benefit" in their job description. Does the dictionary definition of "benefit" imply that the company will pay for this or not? Thai Labour Law seems to be in favour of the worker in many instances so I assume this would stand up in court should the need arise.

I also understand that it could be construed as a gray area but as far as I'm concerned "a benefit is a benefit" such as paid holidays, private health insurance and free flights home.

If the company fails to honour this benefit is it false advertising and or a case of breach of contract not to provide something they have promised?

I understand the cost is insignificant but sometimes the principal of the matter far outweighs the hassle this could cause.

The only reason I'm being a pedant about this is that the company has/is screwing many other foreign and Thai workers out of money and I don't like that.

Any advice is appreciated as I've already won little dispute with them but this could have an advantage for all of the other workers if I'm proved to be correct in my assumption that a benefit comes from the company.

BTW. The company is foreign owned by a man whose reputation stinks to high heaven as I found out too late. Not a danger as he's in it for the short term profit before renaming his company and starting the rip offs once again.

[jrtmedic]

Sounds just like a "Trade Union" rant !

Good luck with the pedantry !

Expect the Lawyer fees to be expensive with no guarantee of a successful outcome !

Edited August 19, 2013 by jrtmedic

[schondie]

Oh no I'm no trade unionist but hate people taking advantage of others.

No need for paid lawyers as the Labour Court has a pro bono lawyer who assesses the case before going further. In many of these cases they are settled there and then as to avoid further costs.

[ChrisB87]

My employer docked me 0.1 of an hours salary last month.

Seriously!

[jrtmedic]

"The company is foreign owned by a man whose reputation stinks to high heaven"

Suggest you take action and watch your back at the same time !

[ShopBoy]

he might be reading this since foreign owned

[Colabamumbai]

Are all of these things that you mentioned in the contract? Not that that means anything. By your comments about the employer why would you want to work for them. I have 2 signed contracts that were broken one offered to pay housing allowance 3,000 Baht a month, then did not. I went to Labour and got the 15,000 from the school for 5 months work.

I was recently hired by another school and while I was in Laos getting the Non B visa, they decided they did not want me. Contract stipulates 30 days notice on both parties behalf.

Now in the process of going to Labour as the fired me with 3 days notice in writing. I am going after expenses in going to Laos, visa etc, and although they did pay me for days worked I am also asking for 30,000 Baht, since I quit a job, with one year visa and extension to go and work with them, as lost wages. I had to spend 5 days in Laos as the school did not give me all the complete paperwork and had to wait for it.

They told me they owe me nothing. We will see, since none of the teachers there have NOn B visas or Work Permits. I will report them to Immigration. I have reported them to Labour here is Kalsin who could not give a shit. Why should I be paying for a Non B visa and W.P. when the other teachers there are not.???

This is Thailand, they will take advantage of you everyway they can.

Edited August 19, 2013 by Colabamumbai

[SamMunich]

A Work Permit is not a benefit, it's a "sine qua non", a necessary part of any employment of any foreigner. Period. No sense ranting about trade unionism, unless you are in the business of taking advantage of workers and thus fear trade unions...

If you get caught working without a Permit or working in a way not defined in your Permit, you could have to leave the country and will propably not be allowed back in. That is after you hace paid a fine. The company also has to pay a fine.

As to the contract and benefits, you make the contract in written form and signed by both sides. Crooked employers don't like to sign that kind of contracts, so if you come across that, you better find another company, really! Something these employers like to do is to renege on the aggreed conditions. I once had a contract and the company owner then a few days later said, now he will pay me a couple of thousand Baht less,- I could take it or leave.

When you get a Work Permit you can also be (rather) sure, that the due taxes are paid and the social security is paid as well. Better yet, check your pay-slip. And keep them! If you have a problem with the company or if they terminate your contract you can go to the Labour Department. There they have a section concerned with helping you to get what you are due to get. Which might be more than you thought! E.g. after more than 6 months of regular work you are to receive a 1-month's salary as compensation, if you are fired. There are only very few, very strict conditions to fire you immediately and then you are not to receive any money. BTW at the Labour Department they treat you as good as a local employee, there is no discrimination!

Hope, that helps,

SamM.

[PattayaPhom]

My employer docked me 0.1 of an hours salary last month.

Seriously!

If you were late, rightly so...why did they dock the time?

[Cloggie]

>> The only reason I'm being a pedant about this is that the company has/is screwing many other foreign and Thai workers out of money and I don't like that.

So why do you want to work for him AND do you think he will not screw you as well????

[schondie]

>> The only reason I'm being a pedant about this is that the company has/is screwing many other foreign and Thai workers out of money and I don't like that.

So why do you want to work for him AND do you think he will not screw you as well????

Thanks for all the input. Yes, these sort of people try and take advantage in any way they can but I will take a stand if I feel they need to learn a lesson. I've been an employer in the past and all my workers got everything they were promised and some more. Keep employees happy and they will stick with you.

As I've found out already, stand up and call them out for trying to cheat you and they sometimes back down. Other times they show their true colours, the smiles disappear and the knives come out.

I'm only staying until the end of September and then I'm out of this contract. At present he's more desperate to keep me as I'm working in a comatose little town, no one else wants to come here.

Edited August 20, 2013 by schondie

[schondie]

A Work Permit is not a benefit, it's a "sine qua non", a necessary part of any employment of any foreigner. Period. No sense ranting about trade unionism, unless you are in the business of taking advantage of workers and thus fear trade unions...

If you get caught working without a Permit or working in a way not defined in your Permit, you could have to leave the country and will propably not be allowed back in. That is after you hace paid a fine. The company also has to pay a fine.

As to the contract and benefits, you make the contract in written form and signed by both sides. Crooked employers don't like to sign that kind of contracts, so if you come across that, you better find another company, really! Something these employers like to do is to renege on the aggreed conditions. I once had a contract and the company owner then a few days later said, now he will pay me a couple of thousand Baht less,- I could take it or leave.

When you get a Work Permit you can also be (rather) sure, that the due taxes are paid and the social security is paid as well. Better yet, check your pay-slip. And keep them! If you have a problem with the company or if they terminate your contract you can go to the Labour Department. There they have a section concerned with helping you to get what you are due to get. Which might be more than you thought! E.g. after more than 6 months of regular work you are to receive a 1-month's salary as compensation, if you are fired. There are only very few, very strict conditions to fire you immediately and then you are not to receive any money. BTW at the Labour Department they treat you as good as a local employee, there is no discrimination!

Hope, that helps,

SamM.

Thanks for that Sam M.

Yes, the first teaching job I had here was working on a tourist visa and when the agency tried to stiff me out of a month's pay I went to the Labour Department with a Thai friend and was treated very well. They phoned the owner and instructed him to pay me or there would be repercussions. A very fair system as I have already found out.

[schondie]

Ha! Case closed, they reluctantly paid for the WP as a little "persuasion" was all it took. After twenty minutes arguing about who is responsible for paying for it I took out the screenshot of their job ad. I told them that "benefit" implies something from the company and I'll go to the Labour Department or the Civil Court to reinforce this.

They must know that they'd lose as they backed down straight away. They asked me not to tell any other foreign employees. Sure I won't tell them until the 30th September.