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Posted

Numerous off-topic posts have been removed. This is not about grammar and unless someone specifically asks for comments about grammar or spelling it is not permitted.

A person can go to court whether you have a work permit or not. You are still covered under the labor laws.

  • Like 2
Posted

Really you didn't need to get a lawyer all you needed to do was contact the labor board. The labor board is very good and leans toward the employee.

I never used them myself but had a sneaky secretary use them against me. Back around 2002-2003 I moved my office from Sathorn area to thong lor so i didn't have to travel so far to the office each day. My secretary lived close to Sarthron and decided to quit.

So i wrote up an agreement that i was paying her XX amount of money as a severance pay and nothing else was owed. Well, she didn't forward our mail and went and filed a complaint with labor board. They sent a notice to our old address so we never showed up for the court date. I received the monthly statement from the bank and it showed a withdrawal from the labor board, I contact the bank who tells me they had a court order. I contact them they say sorry you didn't show up for court. I tried to explain what happened too bad.

I also have had a few teacher friends that worked, never received a work permit and got screwed on their pay, they went to the labor board and the labor board didn't care they didn't have a work permit and understood the employer used that against them. They both won their cases.

OP i hope your lawyer didn't charge you too much.

Allot of people complain about Thailand government being so bad, but allot of them do their jobs very well.

  • Like 2
Posted

Numerous off-topic posts have been removed. This is not about grammar and unless someone specifically asks for comments about grammar or spelling it is not permitted.

A person can go to court whether you have a work permit or not. You are still covered under the labor laws.

If you are working illegally, you can get help from the Labour Department?

Posted

Really you didn't need to get a lawyer all you needed to do was contact the labor board. The labor board is very good and leans toward the employee.

I never used them myself but had a sneaky secretary use them against me. Back around 2002-2003 I moved my office from Sathorn area to thong lor so i didn't have to travel so far to the office each day. My secretary lived close to Sarthron and decided to quit.

So i wrote up an agreement that i was paying her XX amount of money as a severance pay and nothing else was owed. Well, she didn't forward our mail and went and filed a complaint with labor board. They sent a notice to our old address so we never showed up for the court date. I received the monthly statement from the bank and it showed a withdrawal from the labor board, I contact the bank who tells me they had a court order. I contact them they say sorry you didn't show up for court. I tried to explain what happened too bad.

I also have had a few teacher friends that worked, never received a work permit and got screwed on their pay, they went to the labor board and the labor board didn't care they didn't have a work permit and understood the employer used that against them. They both won their cases.

OP i hope your lawyer didn't charge you too much.

Allot of people complain about Thailand government being so bad, but allot of them do their jobs very well.

Guess you didn't really understand the OP's post. He tutored lawyers and they offered him to find a solution. Hope both are smarter now.

Posted

Dishonesty prevails in the TEFL industry. Can't comment on China, Japan and Korea. But each and every school has pulled a fast one.

Contracts. Bet she made you work first and sign it then later (if ever)!

  • Length of contract
  • Terms like paid holidays
  • even the salary itself. (Chinese teachers flew over, trusting e-mails. But then the fun and games started and they got the sucker treatment)
  • a school might decide to send all foreign teachers home in February / not to advertise until late May. Anything to boost the director's "Mercedes Fund"?
  • has anyone been tricked by getting some "contract" which was all in Thai? The foreigner might not even know that he signed a contract!
  • some schools simply don't do any of these things: B-Visa, WP, ...
  • one advertiser confronts NES with the minimum TOEIC score of "550". There you have it, another HR person who doesn't know what she is doing.
  • many Thais are scared of foreigners.

Some language centers don't have the hours for a full-time teacher. But they talk the talk. One such center never pays their foreign teachers. Those *get it* and they leave. Then the center will send them a text or a Facebook message which states <since you have left, we won't pay you...>

Others make a long contract and if they want something, they are softening up the teacher. Non-payment is a good way. After a week, the teacher will be desperate for s o m e money. Time to pounce. Pay less (something beats nothing) and then force to sign another contract. Which may or may not be honored.

We would need to check out employers. Many are dodgy. Teachers who will start on a B-Visa are both, lucky and a minority.

  • Who pays for the WP?
  • What if a school messes up the process and yet another B-Visa will be needed?
  • Who pays for the B-Visa and the travel?
  • Social Security?

Why do they do it? Because they can! They can predict that they will be getting away with it. The foreigner might swear or complain but that's like dogs bark, while the caravan moves on

The OP is a trail blazer if he fought back successfully.

Posted

Numerous off-topic posts have been removed. This is not about grammar and unless someone specifically asks for comments about grammar or spelling it is not permitted.

A person can go to court whether you have a work permit or not. You are still covered under the labor laws.

If you are working illegally, you can get help from the Labour Department?

The Ministry of Labour will deal with any case filed by someone working in Thailand. You do not have to be legally employed to get recourse through the Labour Ministry. The Labour Ministry doesn't consider your immigration status, that's for a different Ministry.

Can you get in trouble with immigration, probably, but you can still get what is owed to you. A number of illegal Burmese workers, for example, have been paid the wages owed to them by employers.

Some employees, as part of their suit, claim that the employer didn't honour their agreement to assist in getting a visa and work permit.

Of course, you have to have a legitimate case, but you will get recourse.

  • Like 1
Posted (edited)

Numerous off-topic posts have been removed. This is not about grammar and unless someone specifically asks for comments about grammar or spelling it is not permitted.

A person can go to court whether you have a work permit or not. You are still covered under the labor laws.

If you are working illegally, you can get help from the Labour Department?

The Thai laws are actually pretty good, mostly in favor of the employee. I recall an American who worked at a school, employed by an agency.

All provinces have a place, usually at the city hall, where they even provide a free lawyer if needed.

And I do remember that the American guy was finally successful. It's sad that most Thai people don't even know that they've got those rights.

Edited by lostinisaan
  • Like 2
Posted

Make sure to contact the Labour Inspections Office.

Not too long ago, I posted the SS act, but can't find it anymore. Neither on my computers, nor at TVF. I understand that the OP never had a work permit and won't be protected by these laws, but it gives some good ideas to understand the whole system.

If anybody has got the SS act, could you please post it? Thanks a lot in advance. wai2.gif

Posted

Numerous off-topic posts have been removed. This is not about grammar and unless someone specifically asks for comments about grammar or spelling it is not permitted.

A person can go to court whether you have a work permit or not. You are still covered under the labor laws.

If you are working illegally, you can get help from the Labour Department?

Yes! It's a private school and Labour Court is both free and effective.

Alas, for government schools, neither will be very helpful. (Some staff might make some promises but when you dig deeper, they have no authority over government schools). But you might get a referral to some other organization if you have a problem with a government school...

Posted

Make sure to contact the Labour Inspections Office.

Oops. blink.png It was a quote from a Thai lawyer's e-mail. A Thai researched this and found no such office. It's likely the lawyer meant "protection" instead of "inspections". But when you work for a government school, the Labour Dept. won't really handle your complaint. Nor will the free Labour Court take a lawsuit.

So sorry about this - wish this answer could be deleted! facepalm.gif

Posted

Make sure to contact the Labour Inspections Office.

Oops. blink.png It was a quote from a Thai lawyer's e-mail. A Thai researched this and found no such office. It's likely the lawyer meant "protection" instead of "inspections". But when you work for a government school, the Labour Dept. won't really handle your complaint. Nor will the free Labour Court take a lawsuit.

So sorry about this - wish this answer could be deleted! facepalm.gif

In all provinces over the country, there's a place- usually at the city hall-, where one can file a complaint.

They're the ones who can/will offer a free lawyer.

I assume that they also get in touch with the DoL. I don't really understand your post that those who work for a government school, are excluded.

I'll have to ask the American guy who went this way, to get clarification on that matter.

  • Like 1
Posted

Make sure to contact the Labour Inspections Office.

Oops. blink.png It was a quote from a Thai lawyer's e-mail. A Thai researched this and found no such office. It's likely the lawyer meant "protection" instead of "inspections". But when you work for a government school, the Labour Dept. won't really handle your complaint. Nor will the free Labour Court take a lawsuit.

So sorry about this - wish this answer could be deleted! facepalm.gif

In all provinces over the country, there's a place- usually at the city hall-, where one can file a complaint.

They're the ones who can/will offer a free lawyer.

I assume that they also get in touch with the DoL. I don't really understand your post that those who work for a government school, are excluded.

I'll have to ask the American guy who went this way, to get clarification on that matter.

Well, first, someone promised assistance. But then he had to backpedal - as they apparently have little or no jurisdiction over "government schools".

It came as quite a shock that the most fundamental things remain uncertain over here.

Posted

Sorry. I don't believe the OP.

Also:

"One of the lawyers send her a letter that I sue her for not paying my salary. One week later I got a letter back that she wants to sue me...but that is not possible. You cannot sue someone who just sues you."

No comment needed. Those who've been here a few years will understand.

  • Like 1
Posted

Sorry. I don't believe the OP.

Also:

"One of the lawyers send her a letter that I sue her for not paying my salary. One week later I got a letter back that she wants to sue me...but that is not possible. You cannot sue someone who just sues you."

No comment needed. Those who've been here a few years will understand.

And considering that the OP didn't even get back on topic, seems to say a lot.

Posted

From another thread. Age is the cause I guess.

I'm 63 and I have a work permit. The school is lying to you.

You can have a work permit if you are 60 up.

  • Like 1
Posted (edited)

From another thread. Age is the cause I guess.

I'm 63 and I have a work permit. The school is lying to you.

You can have a work permit if you are 60 up.

Thanks a lot, mate for pointing that out. The OP seems to be one of these "quality teachers" the country never ever needed.

So now we're dealing with a guy whose English is truly amazing, "giving advice" to people on an open forum.

Now it's not about grammatical mistakes, wrong sentence structure, etc... at all. It's about people who know nothing, but act like a genius.

It was never an issue to get a work permit when older than 60, being a foreigner, but you do not get into the SS system.

If you are not difficult...I'm not difficult too.> gotta love this statement and will try it with my director tomorrow. Thanks for sharing. facepalm.gif

.

Edited by lostinisaan
  • Like 1
Posted

Last September I signed a 2 year work contract, had my visa extended for another year, and received a 2 year work permit based on the 2 year work contract. Turn 70 in June.

Cheers

BAYBOY.

ps. Only saw this thread today.Hence late reply.

  • Like 1
Posted

Last September I signed a 2 year work contract, had my visa extended for another year, and received a 2 year work permit based on the 2 year work contract. Turn 70 in June.

Cheers

BAYBOY.

ps. Only saw this thread today.Hence late reply.

Good for you, most likely you are at a private school? I used to sign 4 year contracts up to age 60..but afterwards I will start the one year contract scheme.

Posted

Last September I signed a 2 year work contract, had my visa extended for another year, and received a 2 year work permit based on the 2 year work contract. Turn 70 in June.

Cheers

BAYBOY.

ps. Only saw this thread today.Hence late reply.

What does this have to do with OP?
  • Like 1

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