workers rights in Thailand.

[karl2007]

Hello,

I have been working for the same Thai company for about 4 years doing marketing/sales.

Everything has been pretty good and I enjoy the work that I do. I am the only farang working here. Just about 6 months ago I have had some work related problems with some Thai staff. Normally they want to do it this way, and I disagree then we have a problem to what is the right way or the wrong way to do a project. This has created some bad feelings and the upper management always supports the Thai staff. Because of this I just come to work and do my job and try to not get involved in the Thai staff. I don't make conversation with them, unless it is work related. The owner doesn't seem to be too happy with me, and there is always some atmosphere everytime we have some small talk about something.

I am just wondering if they are planning to dismiss me from this company. I have worked here for 4 years, and normally I am late once a week, maybe less then 30 minutes. And in the 4 years I have been working there, I have had less then 5 days of sickness. I have never had any verbal or written warnings about being late, or any work I have completed.

I am just wondering if there is any rights I might have? Can they just fire me without giving any reason? If I do get fired is there anywhere I can go to complain about unfair dismissal.

Many thanks for any suggestions,

Edited December 14, 2013 by Maestro
corrected farlang to farang

[dom samui]

Do you have a work contract?

The employment office of your city can help also they ususlly stay the staff side.

[digitalchromakey]

Presuming you have a work permit then you have plenty of rights.

If your employer wants to make you redundant they have to pay your notice of one salary period plus 180 days pay as your have worked wit the same company for more than 3 years.

You can only dismissed asfter a process of multiple written warnings for breaches of company policy, with procedures clearly laid out in law.

Your local labour dept would help if your employer fired you without correct notice or payment.

[karl2007]

Presuming you have a work permit then you have plenty of rights.

Yes, I have had my work permit and my company renews this every year.

[ubonjoe]

You can read the labour protection act here. http://thailawonline.com/en/thai-laws/laws-of-thailand/105-labor-protection-act-be-2541-1998-.html

[karl2007]

If your employer wants to make you redundant they have to pay your notice of one salary period plus 180 days pay as your have worked wit the same company for more than 3 years.

One question does come to mind. My work permit will need to be renewed in January, so this will be the 5th time. What would happen if the labour ministry decides not to renew my work permit for some reason? That is not the same as being made redundant.

Maybe I am thinking too much here. But what if the company requests the labour ministry not to renew my work permit for some reason.

I know the law on work permits does change a lot.

[ubonjoe]

They would have to give you notice of their intension not to renew your work permit which would be the same as a termination notice.

[Soutpeel]

If your employer wants to make you redundant they have to pay your notice of one salary period plus 180 days pay as your have worked wit the same company for more than 3 years.

One question does come to mind. My work permit will need to be renewed in January, so this will be the 5th time. What would happen if the labour ministry decides not to renew my work permit for some reason? That is not the same as being made redundant.

Maybe I am thinking too much here. But what if the company requests the labour ministry not to renew my work permit for some reason.

I know the law on work permits does change a lot.

Me think is you doth think too much why would a company go to the trouble of submitting all the paperwork and paying the fee and then tell the DOL not to renew your WP ? They could achieve the same thing by not submitting anything and allowing the WP to lapse.....irrespective you would be entitled to severasnbce

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[liddelljohn]

Yes You have legal rights ..... but enforcing them is a whole different issue .

[ubonjoe]

Yes You have legal rights ..... but enforcing them is a whole different issue .

Not true.

There have many cases where the labour ministry has enforced the law to assist non Thai employees. Plenty reports on this forum about this subject.

[Soutpeel]

Yes You have legal rights ..... but enforcing them is a whole different issue .

Not true.

There have many cases where the labour ministry has enforced the law to assist non Thai employees. Plenty reports on this forum about this subject.

Correct the DOL is one of better thai government departments and they do have teeth, once you have your WP your legal rights under the labour are exactly the same as a thai national

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[Mudcrab]

If your employer wants to make you redundant they have to pay your notice of one salary period plus 180 days pay as your have worked wit the same company for more than 3 years.

One question does come to mind. My work permit will need to be renewed in January, so this will be the 5th time. What would happen if the labour ministry decides not to renew my work permit for some reason? That is not the same as being made redundant.

Maybe I am thinking too much here. But what if the company requests the labour ministry not to renew my work permit for some reason.

I know the law on work permits does change a lot.

No matter what happens, but assuming you are fired, and if you want to take some action against the company, familiarise yourself with the requirements of another visa so you can stay here if and when the work permit expires. From what I have read here it may be the case that any extension you are on will terminate the same time as the work permit. It will be nearly impossible to have any recourse if you are not actually in Thailand to pursue it.

It will be much easier fighting for your rights in Thailand than from overseas.

[brfsa2]

Unlikely they will fire you after you been working 4 years doing your job well. It will cost them too much paying your compensation and hiring someone new.

What you are facing is quite typical, totally fell you... been there.

When you are smart at work, others will most likely hate you, they will love you when you are a dumb and laugh at their silly jokes. Otherwise you are hated for being smarter.

so I do is just to be hated the most. that is, with respect, being professional, strict and knowing your grounds.. wont get me fired and will be a valuable employee.

for me the most important at work is respect. many people cant differentiate the difference between professional comment and personal criticism, most Thais take it personal...

it's complicated...

[tonypace02]

From the time you are fired, your work permit and visa are terminated and you have 24 hours to leave the country. You can come back with a tourist visa. I have been fired twice. Both times the immigration officer backed me and I saw a lawyer and won. You must also notify the lqbor department immediately and get notice of the date your work permit was voided by your former employer. DON'T PANIC. Unless you act like a complete jerk, immigration can be reasonable and helpful.

[unanimosity]

Presuming you have a work permit then you have plenty of rights.

Yes, I have had my work permit and my company renews this every year.

Where they try to get you is having you sign a vague looking form that will wind up with you volunterring to leave by choice and waiving your right to the separation compensation you are due. Thais in your position would receive a significant sum. After one year at 100K per month the separation amounts to about 300K. Look up on Google the Thai labor laws. Very good reading for you..

[sustento]

The best thing for you to do is try and get rid of the 'bad feelings' at work. Thais don't like spending time in an atmosphere. They prefer their days to be full of sanuk.

[Soutpeel]

Presuming you have a work permit then you have plenty of rights.

Yes, I have had my work permit and my company renews this every year.

Where they try to get you is having you sign a vague looking form that will wind up with you volunterring to leave by choice and waiving your right to the separation compensation you are due. Thais in your position would receive a significant sum. After one year at 100K per month the separation amounts to about 300K. Look up on Google the Thai labor laws. Very good reading for you..

This is important do not sign any letter/document which relates to resignation , if you do you may end up not having any claim to severance money and if it appears you have fee resigned then the DOL may not be interested either

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[SOTIRIOS]

...you are done for...

...I have been the best, most liked teacher in 3 different schools....someone sets the bait against you...then like pack dogs...you are done...

..as for justice...even a foreign-owned agency would not do the necessary paperwork.....

...I got screwed out of some of my salary...and all of my severance pay....

(...my wife...who screwed me over big time would say...'I promise you.They will always believe me...never you'...also...'Prove it in court'.....)

.......Good luck, buddy......watch they don't slander you next.....they win every time........and stop at nothing to do so...truth and justice have no bearing...

[stoli]

Why do you have a problem being on time to work? Why would you be late once a week? Is this how you practice your work habits? You may be getting fired for cause, however, they should have talked to you about it, and documented it. Just remember though, it is obvious that you should report to work on time. This shows respect, and common sense. Are the Thai employees resentful because they show up on time, while you disregard that? You would have not lasted long at my business. Customers should not have to wait for the employee to arrive. Glad you don't drive a bus, prepare for my surgery, or drive the ambulance that I am waiting for.

[Netizen]

I expect that people who believe they are going to be fired have good cause for that belief.

You are at a total disadvantage because you will probably have to take legal action.

Thai companies fire foreigners without compensation because they believe that the foreigners are not going to stay and fight in the court which can take 2 or more years if the case is strongly opposed by the employer and they choose to drag it out to test your endurance.

If you stay and fight you have legal fees and living costs which Thai courts will not grant compensation for in case you win. So you will be faced with the residue of any monies awarded by the court (which may only be the 180 days pay a poster above claims you are entitled to) after you pay your lawyers.

The employer can also appeal the court decision which might take another year or more.

[DGIE]

I expect that people who believe they are going to be fired have good cause for that belief.

You are at a total disadvantage because you will probably have to take legal action.

Thai companies fire foreigners without compensation because they believe that the foreigners are not going to stay and fight in the court which can take 2 or more years if the case is strongly opposed by the employer and they choose to drag it out to test your endurance.

If you stay and fight you have legal fees and living costs which Thai courts will not grant compensation for in case you win. So you will be faced with the residue of any monies awarded by the court (which may only be the 180 days pay a poster above claims you are entitled to) after you pay your lawyers.

The employer can also appeal the court decision which might take another year or more.

That's right. Expecting any will only hurt you when you will not get any

[Soutpeel]

I expect that people who believe they are going to be fired have good cause for that belief.

You are at a total disadvantage because you will probably have to take legal action.

Thai companies fire foreigners without compensation because they believe that the foreigners are not going to stay and fight in the court which can take 2 or more years if the case is strongly opposed by the employer and they choose to drag it out to test your endurance.

If you stay and fight you have legal fees and living costs which Thai courts will not grant compensation for in case you win. So you will be faced with the residue of any monies awarded by the court (which may only be the 180 days pay a poster above claims you are entitled to) after you pay your lawyers.

The employer can also appeal the court decision which might take another year or more.

Very obvious you have absolutely no clue how the labour court works in thailand or the process involved in a labour dispute between an employee and employer

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[tarkIIII]

I expect that people who believe they are going to be fired have good cause for that belief.

You are at a total disadvantage because you will probably have to take legal action.

Thai companies fire foreigners without compensation because they believe that the foreigners are not going to stay and fight in the court which can take 2 or more years if the case is strongly opposed by the employer and they choose to drag it out to test your endurance.

If you stay and fight you have legal fees and living costs which Thai courts will not grant compensation for in case you win. So you will be faced with the residue of any monies awarded by the court (which may only be the 180 days pay a poster above claims you are entitled to) after you pay your lawyers.

The employer can also appeal the court decision which might take another year or more.

Very obvious you have absolutely no clue how the labour court works in thailand or the process involved in a labour dispute between an employee and employer

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Thank you soutpeel for informing us of the false information that has been presented by Netizen. If you'd be so kind I'd appreciate some information on how the labor laws in Thailand actually work. Just saying someone else is wrong doesn't prove that they are.

[Maestro]

One way to learn how the labour laws in Thailand work, and completely free of charge, is to read what people who had labour disputes wrote in this forum about their experience. If one has not been reading the forum for long and is disinclined to read through everything that has been posted in the last two years or to do a search on the forum, one can read the comment of others who have been reading this forum regularly and remember what has been posted on the subject.

There are a other ways, too, of course, for example consulting a law firm that specialises in labour cases.

[ericthai]

I expect that people who believe they are going to be fired have good cause for that belief.

You are at a total disadvantage because you will probably have to take legal action.

Thai companies fire foreigners without compensation because they believe that the foreigners are not going to stay and fight in the court which can take 2 or more years if the case is strongly opposed by the employer and they choose to drag it out to test your endurance.

If you stay and fight you have legal fees and living costs which Thai courts will not grant compensation for in case you win. So you will be faced with the residue of any monies awarded by the court (which may only be the 180 days pay a poster above claims you are entitled to) after you pay your lawyers.

The employer can also appeal the court decision which might take another year or more.

You have no idea what you are talking about. If the guy has a work permit he is legal and the Thai govt "ministry of Labor" will work with him and go after the employer. There is no need for a lawyer. also it is prompt, no long drawn out court case.

I don't understand you guys that post things when you don't know what you are talking about. This forum is to help people.

Not to provide miss information and scare the guy.

[JeremyBowskill]

Leaving the door wide open for those written warnings by being late every week. If you are that worried I would start by fixing that.

[NanLaew]

...you are done for...

...I have been the best, most liked teacher in 3 different schools....someone sets the bait against you...then like pack dogs...you are done...

..as for justice...even a foreign-owned agency would not do the necessary paperwork.....

...I got screwed out of some of my salary...and all of my severance pay....

(...my wife...who screwed me over big time would say...'I promise you.They will always believe me...never you'...also...'Prove it in court'.....)

.......Good luck, buddy......watch they don't slander you next.....they win every time........and stop at nothing to do so...truth and justice have no bearing...

Fired from THREE jobs and f*cked over by the wife.

Now we see the source of your frequent bile and vitriol on these hallowed pages.

Back on topic, the OP should be like a good boyscout and 'be prepared'. Seriously, I don't know how anyone can work for 4 years with a team of muppets, probably all of them graduated from the Thai school of guaranteed degree and no clue on how to think outside of the (lunch) box.

[Soutpeel]

I expect that people who believe they are going to be fired have good cause for that belief.

You are at a total disadvantage because you will probably have to take legal action.

Thai companies fire foreigners without compensation because they believe that the foreigners are not going to stay and fight in the court which can take 2 or more years if the case is strongly opposed by the employer and they choose to drag it out to test your endurance.

If you stay and fight you have legal fees and living costs which Thai courts will not grant compensation for in case you win. So you will be faced with the residue of any monies awarded by the court (which may only be the 180 days pay a poster above claims you are entitled to) after you pay your lawyers.

The employer can also appeal the court decision which might take another year or more.

Very obvious you have absolutely no clue how the labour court works in thailand or the process involved in a labour dispute between an employee and employer

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Thank you soutpeel for informing us of the false information that has been presented by Netizen. If you'd be so kind I'd appreciate some information on how the labor laws in Thailand actually work. Just saying someone else is wrong doesn't prove that they are.

Gladly... If op is wrongly dismissed by his company in terms of the labour act, OP will visit his local department of labour and lodge a complaint against said company. If the DOL believes the employee has a case, then DOL will recover any monies owed to the employee in terms of the provisions of the labour act

No lawyers involved and no cost to the complainant at all, however the DOL will not get involved contract dispute interpretation etc will only get involved if it is believed the labour act has been violated

If you take a case to the DOL and they believe you do not have a grounds you are still welcome to lodge a civil case against the company and get lawyers involved...

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[DGIE]

Yes You have legal rights ..... but enforcing them is a whole different issue .

Not true.

There have many cases where the labour ministry has enforced the law to assist non Thai employees. Plenty reports on this forum about this subject.

The contract might have written in Thai which you cannot read or understand.

it is possible that it contains company rules and regulations or anything else...as ground for them to fire you anytime when they see you violating it or do not follow

Edited December 15, 2013 by DGIE

[Soutpeel]

Yes You have legal rights ..... but enforcing them is a whole different issue .

Not true.

There have many cases where the labour ministry has enforced the law to assist non Thai employees. Plenty reports on this forum about this subject.

The contract might have written in Thai which you cannot read or understand.

it is possible that it contains company rules and regulations or anything else...as ground for them to fire you anytime when they see you violating it or do not follow

But if said contract has rules which contravene the labour act then they are not enforceable

In the case of dismissal there is a define process that needs to be followed dependent on the "offense"

Certain " offences" can result in automatic dismissal eg theft from the company, but being late......the op in the first instance would get a verbal warning, then a written warning only then could a company start looking at dismissal for being late all the time

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