workers rights in Thailand.

[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.

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

Sent from my Nexus 7 using Thaivisa Connect Thailand mobile app

My dear child you are very wrong.

I fought a case of breach of contract in the courts for termination of contract after 13 months. The employer settled out of court after 3 years of disparate court hearings in which the judge appeared unwilling to make a judgement and urged the parties to settle. I had a reasonably economical lawyer who charged only 200,000 Baht for a case involving 4 court appearances over 3 years. I am based in Thailand but work internationally so I had to time my returns to match court hearing dates.

I commend you to invest in your human capital and get some education to prevent terrible carnage from continually shooting yourself in the foot..

[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.

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.

The most frightening words a person can hear is "I am from the government and I am here to help you".

I have the experience of a successful case in the Thai courts which lasted 3 years. You have no idea what tactics employers will use to discredit an employee whereas I have seen it in court.

The lawyer I used told me he recently (in 2005) had a case similar to mine but the expat did not have the endurance or the time to stay or return to Thailand to fight so he just walked away.

I first went to the Ministry of Labor and it appeared they were going to be unhelpful. The guy's comment was my monthly remuneration was much more than he was paid for a year. The only useful thing they did was give me a labor law booklet in English.

Please stare blankly in the mirror next time you make such a statement and say loudly "Please forgive me Lord for what I have done".

[Sceptict11]

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

Sent from my Nexus 7 using Thaivisa Connect Thailand mobile app

My dear child you are very wrong.

I fought a case of breach of contract in the courts for termination of contract after 13 months. The employer settled out of court after 3 years of disparate court hearings in which the judge appeared unwilling to make a judgement and urged the parties to settle. I had a reasonably economical lawyer who charged only 200,000 Baht for a case involving 4 court appearances over 3 years. I am based in Thailand but work internationally so I had to time my returns to match court hearing dates.

I commend you to invest in your human capital and get some education to prevent terrible carnage from continually shooting yourself in the foot..

Whilst I have no personal experience I am told that the Dept of Labour are very supportive of "workers" if they believe a case can be made against an employer.

I am also informed that in the vast majority of cases are settled out of court .

I suspect the case described is the exception rather than the rule.

[Netizen]

1. It appears most posters here have no idea what underhanded tricks unscrupulous employers will use to avoid paying lawful severance monies.

2. There are posters who are crictics but who have no experience. Their negative uninformed comments are disgraceful.

3. My comments are backed by experience and information from my lawyer on a similar case the expat did not pursue.

4. Slander and fraudulent documents were tactics of the defendant in my case.

Be warned. The HR people may just regard this as a skirmish that they want to win to exemplify their FIGJAM.

[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.

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

Sent from my Nexus 7 using Thaivisa Connect Thailand mobile app

My dear child you are very wrong.

I fought a case of breach of contract in the courts for termination of contract after 13 months. The employer settled out of court after 3 years of disparate court hearings in which the judge appeared unwilling to make a judgement and urged the parties to settle. I had a reasonably economical lawyer who charged only 200,000 Baht for a case involving 4 court appearances over 3 years. I am based in Thailand but work internationally so I had to time my returns to match court hearing dates.

I commend you to invest in your human capital and get some education to prevent terrible carnage from continually shooting yourself in the foot..

Whilst I have no personal experience I am told that the Dept of Labour are very supportive of "workers" if they believe a case can be made against an employer.

I am also informed that in the vast majority of cases are settled out of court .

I suspect the case described is the exception rather than the rule.

Dear septic, you are uninformed or misinformed or maybe, just plain gullible.

Also darling, "settled out of court" doesn't mean that they didn't go to court.

Edited December 15, 2013 by Netizen

[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

Sent from my Nexus 7 using Thaivisa Connect Thailand mobile app

My dear child you are very wrong.

I fought a case of breach of contract in the courts for termination of contract after 13 months. The employer settled out of court after 3 years of disparate court hearings in which the judge appeared unwilling to make a judgement and urged the parties to settle. I had a reasonably economical lawyer who charged only 200,000 Baht for a case involving 4 court appearances over 3 years. I am based in Thailand but work internationally so I had to time my returns to match court hearing dates.

I commend you to invest in your human capital and get some education to prevent terrible carnage from continually shooting yourself in the foot..

My dear child may I refer to my post # 28 before you spout off, as stated in that post.....the DOL will not get involved in contract interpretation which appears to be the case in your. Circumstances , and as stated in post 28 if the DOL will not take the case as in their opinion the terms of the labour act have not been violated you can persue a civil case, which exactly what you did.

In the first instance in any labour dispute the DOL should be consulted before starting a civil claim via the courts and retaining legal representation

Sent from my Nexus 7 using Thaivisa Connect Thailand mobile app

[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.

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

Sent from my Nexus 7 using Thaivisa Connect Thailand mobile app

My dear child you are very wrong.

I fought a case of breach of contract in the courts for termination of contract after 13 months. The employer settled out of court after 3 years of disparate court hearings in which the judge appeared unwilling to make a judgement and urged the parties to settle. I had a reasonably economical lawyer who charged only 200,000 Baht for a case involving 4 court appearances over 3 years. I am based in Thailand but work internationally so I had to time my returns to match court hearing dates.

I commend you to invest in your human capital and get some education to prevent terrible carnage from continually shooting yourself in the foot..

My dear child may I refer to my post # 28 before you spout off, as stated in that post.....the DOL will not get involved in contract interpretation which appears to be the case in your. Circumstances , and as stated in post 28 if the DOL will not take the case as in their opinion the terms of the labour act have not been violated you can persue a civil case, which exactly what you did.

In the first instance in any labour dispute the DOL should be consulted before starting a civil claim via the courts and retaining legal representation

Sent from my Nexus 7 using Thaivisa Connect Thailand mobile app

Darling, you appear to be very addicted to assumptions such as "... DOL will not get involved in contract interpretation which appears to be the case in your. Circumstances"...[sic].

How can they mediate if they won't interpret? Would they sacrifice a live chicken and perform a voodoo ritual? Or would they engage the services of a Thai fortune teller for a decision?

My perception was that DOL were not interested in Farang v Thai employer conflicts.

I also understand that Thai labor law has precedence over any terms of an employment contract.

Edited December 15, 2013 by Netizen

[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.

The most frightening words a person can hear is "I am from the government and I am here to help you".

I have the experience of a successful case in the Thai courts which lasted 3 years. You have no idea what tactics employers will use to discredit an employee whereas I have seen it in court.

The lawyer I used told me he recently (in 2005) had a case similar to mine but the expat did not have the endurance or the time to stay or return to Thailand to fight so he just walked away.

I first went to the Ministry of Labor and it appeared they were going to be unhelpful. The guy's comment was my monthly remuneration was much more than he was paid for a year. The only useful thing they did was give me a labor law booklet in English.

Please stare blankly in the mirror next time you make such a statement and say loudly "Please forgive me Lord for what I have done".

Your circumstances is not normal. Of course there will be a ruthless employer here and there and these types of breaches of contracts can happen. However yours is a breach of contract and not a violation of the labor laws. Does not matter if Thai or ex-pat the DOL will assist if they see there is a violation. I have several friends that are ex-pats that have used the DOL to assist them and win against the employer within a 1-2 months. I as an employer had dealt with the DOL and have lost which the money was extracted right out of our bank account. It's a long story why, but the DOL has power and as stated can access bank accounts if need be. Sorry to hear you had such a long drawn out process, but glad to hear in the end you won.

To the OP, if you feel you might be fired you better start being on time. To tell you the truth if you worked for me you would have received notice already.

It's not fair to the employees that make it to work on time for one to be continually late. I can understand once in a while like maybe 1 time a year, but being late 1 day a week is lack of respect on your part to the employer and other employees.

[Arkady]

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.

It's quire unusual for the Labour Ministry to refuse to renew a WP. It usually only happens to companies in financial difficulties evident from their financial statements but even this is more normal in the case of first applications than renewals. Immigration is more strict on this point for NON-B extensions than the Labour Ministry. The company cannot request them not to renew it. They can only fire you. You are entitled to the same redundancy pay whether you are fired, of the ministry refuses to renew your WP.

Companies are expected to have rules for employees that are made available to them. In the event of a case at the Labour Court, not having given rules to the employee will definitely count against the company. The rules should set out clear prodcedures for disciplining and dismissing employers, e.g. 1st warning plus at least at month to improve performance, 2nd warning + 1 month, 3rd warning + 1 month, then dismissal if still no improvement. At least the second and third warnings should normally be in writing and large cos will make all in writing, so they have evidence to back their claims. Only dismissal for serious breach of the rules can be without warning and without redundancy pay but this has to be something virtually criminal like theft or assault. Normally the Labour Court will take the side of the employee. Only in cases where the company can prove that the employee was given adequate chance to improve performance, will the court support the employer. Usually no different in the case of foreign employees with proper WP and visas. There are many cases of Thais suing successfully for unfair dismissal and even getting compusorily reinstated by the court.