does she have a case? bait and switch contract

[happysanook]

I have a Filipino friend who while in Philippines was sent a contract that said salary would increase by 3000B after 3 months.

The contract they gave her when she got here which is the one she actually signed didn't have this however.

Unfortunately she didn't notice until now and it's been 10 months already. I realize she could partially be to blame for not being more aware, but possibly the labor board may feel she has some sort of case based on a bait and switch by the school? Or would she be wasting her time by going to discuss it with the board?

Also, is there a labor board in Lamphun? If so, what what is the address?

Thanks for some advice on this. Feel terrible for this girl who has been working hard and diligently.

Edited March 18, 2014 by happysanook

[lostinisaan]

She'd have a chance if that would be in her actual contract. Not wanting to criticize her, but she should have checked on her contract when she signed it.

She wouldn't have a chance at any department, as the contract was approved by the labor department, as well as Khurusapa.

[impulse]

I wouldn't just give up.

If it happened to her, she's probably not the only one it's happened to. The appropriate agency may have pages and pages of complaints for the same issue, and they could be sympathetic.

I imagine it would be good to have a copy of the proposed contract to bolster the case that she came over on false promises. The next question is, what's she going to do when they terminate her for causing problems?

Best of luck.

[jacko45k]

I have heard of this before with contracts in the Middle East.....

They arrive and are told to sign the new contract under duress.

[asdecas]

Yes, bait and switch, one of the oldest games in the book. Unfortunately, without hard evidence her chances of any satisfaction are slim. As others have said, it may be worth registering a complaint but against that it's worth weighing up the possible negatives if word gets back to the school.

[happysanook]

She's already got another job lined up. Starting in May. I told her just go down and talk to them. But don't want her wasting time with taxis and locating the place in 40c sun if there's no point, so figured I'd ask here first if she even had a shot.

Edited March 18, 2014 by happysanook

[Baerboxer]

I have heard of this before with contracts in the Middle East.....

They arrive and are told to sign the new contract under duress.

Yep - even working for Middle Eastern governments! They will change your contract terms at a whim, and give you notice to sign the new terms or leave. They play by their rules and it's their game too.

I have a heard a few stories like this in Thailand too. A friend recently went to work at a prestigious University and although very well qualified the same was done to her. What was said at the interview wasn't reflected in the contract.

Any where in the world, check the contract says what was agreed. says everything that was agreed and be very careful with "standard" elements that weren't specifically discussed. Never assume an organizations size, prestige or reputation is always reflected in its ability or attitude towards any kind of contract!

[zeichen]

I think the other issue is that it has been 10 months. I don't know why she didn't say something right away. you can always renegotiate a contract mid year but at the 10 month point she will most likely get fired and not renewed the next year. Since it is at the end and if she is relatively happy then just negotiate the 3k a month for next year.

Really no one to blame but her. Don't sign a contract unless you read every detail.

[rotary]

I was involved with several labor cases with expats. I am an expat myself but the expats that took us to court were either in the gray area or pretty much wrong. They all lost other than the " They were not paid overtime on this day and that day, we award the plaintiff B8000". They never even made back their gas money. Pretty good for the company when you consider they sued for millions. I believe an expat or TCN could win a labour case here but they would have to have a rock solid case from what I have seen. With that clause not in the contract she signed I would guess no chance.

Edited March 18, 2014 by rotary

[lostinisaan]

She's already got another job lined up. Starting in May. I told her just go down and talk to them. But don't want her wasting time with taxis and locating the place in 40c sun if there's no point, so figured I'd ask here first if she even had a shot.

Please also consider school principles as a sort of untouchable. It wouldn't be good for her teaching career if people from said school would badmouth her, even if she hadn't done it.I had quit my job at my first school after three years and that made the guys furious.

Another guy, a British citizen, who also quit his job experienced even more difficulties. The director tried all to blackmail him, to find ways that he couldn't find employment again, but wasn't successful.

It might be a good experience to read carefully what she'll sign next. And please take under consideration that so many fellow country men of her will just replace her in a few hours. I've seen some strange things at our school, where their nationality wasn't important.

Life's too short to look back, tell her to look forward and to enjoy life. Can be shorter than expected for any of us.

Edited March 18, 2014 by lostinisaan

[happysanook]

Thanks for your advice everyone. She does have the original copy of the contract they sent her while she was in Philippines, but sounds like the verdict is that it's not worth her time...

The reason it took 10 months is because she just never thought to look over the old contract. She didn't even realize there was the 3000B raise in there until she happened to look through it again today. I guess she just assumed the best of people. Feel bad for her. 3000B over 10 months is a hefty chunk when you're making 15k a month.

Edited March 18, 2014 by happysanook

[mikeoxwelling]

She's already got another job lined up. Starting in May. I told her just go down and talk to them. But don't want her wasting time with taxis and locating the place in 40c sun if there's no point, so figured I'd ask here first if she even had a shot.

Please also consider school principles as a sort of untouchable. It wouldn't be good for her teaching career if people from said school would badmouth her, even if she hadn't done it.I had quit my job at my first school after three years and that made the guys furious.

Another guy, a British citizen, who also quit his job experienced even more difficulties. The director tried all to blackmail him, to find ways that he couldn't find employment again, but wasn't successful.

It might be a good experience to read carefully what she'll sign next. And please take under consideration that so many fellow country men of her will just replace her in a few hours. I've seen some strange things at our school, where their nationality wasn't important.

Life's too short to look back, tell her to look forward and to enjoy life. Can be shorter than expected for any of us.

You're a teacher? What's with the italics?..

[stoli]

Proposed contracts are just that. The only real contract, since they are always in negotiation until signed, are the signed contract. Sorry, but she lacked her due diligence. Having others that also forget to read the final contract is not going to be a saving grace.

[steve187]

did she not notice that her pay packet was short after 3 months. as you said its a big increase 20%

[onlycw]

Is this a government school? I've found the Labour Dept. useless when it comes to government employers. And it's Administrative court handling a lawsuit, not Labour Court.