Cut in Salary-Is It Legal?

[racyrick]

I had a different topic last week and now I have an update and a different situation.

My company is trying to make me quit instead of letting me go so they won't have to pay my 3 months compensation after termination.

Last week they gave me 30 day notice to leave verbally.

Yesterday they told me I had 2 options- I can quit or I can stay, but they will lower my salary by 30,000 baht per month.

Of course I will not accept the cut in salary.

My question is, can they cut my salary and force me to choose?

I thought I once read that a company can change your title or position, but they need to continue to pay your original salary and can't cut your salary.

Is that true?

Thanks in advance

[Mario2008]

They are bound by the contract.

If you don't accept they can fire you and will have to pay compensation.

[gerryBScot]

In most jurisdictions in the world there is usually some difference between the law and reality. In Thailand that gap is often very large. It appears contractual responsibilities are not worth the paper they are written on. Whatever Thai laws says is a nicety, there is little guarantee you will get it if you sue. You may end up getting nothing and a major headache as well as legal bills. Be careful about bad mouthing your employers in public as they may pursue you for criminal defamation, if anything you say can be construed as harming their commercial operations. Why don't you simply cut your losses and move on....much less grief?

[Mario2008]

The Thai labour office would pick-up the case and persue it and go to court if necesarry. Most employers do not want let it come so far. If it does, the Thai labour court will deal with it according to the law and they are more pro-employee than pro-employer.

[WitawatWatawit]

As far as I'm aware (unless things have changed) your firm cannot cut your wages. This happened to me and my colleagues after the 97 crash, but we wore it because my company was already making preparations to close down our operation unless overheads could be reduced. The point is, if you refuse to accept their little bit of blackmail, you can always take your dispute to the Labour Court - it has a reputation for backing the workers, even foreigners.

[Crossy]

The point is, if you refuse to accept their little bit of blackmail, you can always take your dispute to the Labour Court - it has a reputation for backing the workers, even foreigners.

Indeed, it seems to be the only part of the Thai 'justice' system that works reasonably well.

[singa-traz]

In most jurisdictions in the world there is usually some difference between the law and reality. In Thailand that gap is often very large. It appears contractual responsibilities are not worth the paper they are written on. Whatever Thai laws says is a nicety, there is little guarantee you will get it if you sue. You may end up getting nothing and a major headache as well as legal bills. Be careful about bad mouthing your employers in public as they may pursue you for criminal defamation, if anything you say can be construed as harming their commercial operations. Why don't you simply cut your losses and move on....much less grief?

Actually, there is a high likelywood that you will win in court, and the company will be advised to settle out of court and to strickly follow Thai Labor Law in term of severance pay.

[samran]

In most jurisdictions in the world there is usually some difference between the law and reality. In Thailand that gap is often very large. It appears contractual responsibilities are not worth the paper they are written on. Whatever Thai laws says is a nicety, there is little guarantee you will get it if you sue. You may end up getting nothing and a major headache as well as legal bills. Be careful about bad mouthing your employers in public as they may pursue you for criminal defamation, if anything you say can be construed as harming their commercial operations. Why don't you simply cut your losses and move on....much less grief?

You need to look up how the labour court operates here in Thailand.

To the OP. No they can't lower your salary unless you agree. Threatening them with labour court is a viable option, and as long as you are within your rights, a good option. As others have said, the court generally looks outs for workers rights where the have been violated, and Thailand does have some generous dismissal laws on its books.

[gerryBScot]

I stand corrected...thanks! Good to hear the labour court operates so well and fairly.

[racyrick]

Thank you so much everybody for your replies and encouragement.

On a personal note, this is very hard for me and my family and it is nice to know that I have a good chance to get what is legally due me. As you all know, it is hard for farangs to get a job and one that pays good money, so this hurts.

I wish everybody all the best and hope this never happens to you!!