Royal Approval for 23 Gambling Activities, Including Bull Races and Mahjong

[somchaimaidai]

I have been working for a MNC based in Bangkok for >6 years and am at the point where, due to a number of factors I am pretty tired of the company. The company has recently changed hands and as part of that they are wishing to change our contracts and in my case increase my salary but reduce my annual leave to put me in line with other Thai employees. Can anyone recommend any local lawyers (other than forum sponsors) as I wish to investigate the possibilities of not signing and gaining compensation in accordance with the TLA?

[zaphodbeeblebrox]

I wouldn't recommend hiring a lawyer at this stage. You can refuse to sign a new contract. The employer may give you statutory or contractual notice of termination of the contract, and pay separation pay in accordance with the Labor Act. Thailand has employment at will, with the exception that an employer may have to pay separation pay when it ends a contract.

But seriously, unless you want to be terminated and possibly have to pursue an action for separation pay with the Labor Court, is your company's new owner giving you a raise which compensates for the loss of annual leave? If so, you probably can just take some leave without pay and it all is even in the end.

I handle the employer side of this type of situation. I've never offered an employee a raise when signing a new contract. It is always to put a lower rate of pay in place. Employees typically accept this, because the only option is to be terminated.

[somchaimaidai]

Yes, essentially they are providing a slight increase in salary and a reduction of 5 days annual leave per annum. As I am an ex pat over here alone I value my annual leave highly (in order to visit family in the UK). I have questioned the possibility of unpaid leave and have been told that the offer is non negotiable and unpaid leave is only offered in the event of extenuating circumstances. I do not wish to be at the mercy of others in the future with my leave.

I sincerely appreciate your response and presume that in all likelihood if I chose not to sign then the matter may end up in the labor court? (not something I would want).

[WonnabeBiker]

Terminating your contract would be rather expensive - unless they let you work the notice period. Then there will be severance which should be about half a year's pay.

Don't fear Labour Court. It's free and the case seems "cut and dried".

[isawasnake]

I would just walk into the MOL and tell them the situation and see what they say. You may get months of paid leave time.

[somchaimaidai]

I may place a last attempt at negotiation but if unsuccessful I will consult a lawyer and refuse to sign the new contract. Potentially there is 240 days pay plus the compensation on a company saving scheme which amounts to about 6 months salary, so the total is around 14 months.

I don't mind a delay if it has to go to the labor court as there is plenty of work in my industry and I have savings.

Thanks for all responses.