How to collect unpaid compensation for contract termination(without cause)

[derble]

Could someone please explain how to do this for termination of employment:

-calculate the amount due

-where to apply (does this have to be in location where employment occurred, or can application be done in a different province after moving?)

-time limit for applying

-documentation needed...

Thank you for any advice.

Edited August 30, 2015 by derble

[Soutpeel]

I am confused as to what your asking for...title says one thing body of post another

More detail please

[derble]

Termination of employment contract

I am confused as to what your asking for...title says one thing body of post another

More detail please

[JoePai]

Visit your local Labour Office - they will help you.

[Soutpeel]

Termination of employment contract

I am confused as to what your asking for...title says one thing body of post another

More detail please

As JoePai has said go and see your local department of labour, in essence all you will be entitled to legally is possible severance

if you have visions of suing the company for breach of contract, damages etc don't hold your breath

The DOL will assess your case, if you have one, they will recover any monies or severance owed to you under the labour law and they will do it for free

Edited August 30, 2015 by Soutpeel

[Jonathon]

http://www.bakermckenzie.com/files/Uploads/Documents/Supporting%20Your%20Business/Global%20Markets%20QRGs/Termination,%20Discrimination%20and%20Harassment/qr_thailand_terminationdiscriminationharassmentguide_2009.pdf

[TerryLH]

Have you talked to the company that is letting you go? They are the ones who would be paying anything due you.

[ginocox]

I have been trying to collect unpaid wages for the past two years through a suit filed in Central Labour Court. My next hearing date is not until December. I was one of at least eight teachers defrauded by a disreputable agency during a single term at two campuses. The others have already returned to their home countries and abandoned any hope of restitution.

Everything is stacked against you.

Although the judges are fluent in English, you need a translator at every hearing and all documents must be translated into Thai.

When the respondent failed to appear at several hearings, the case was automatically continued. If the complainant fails to appear without providing good reason, the case is dismissed.

Before we were permitted to file, he clerk sent us to other ministries several times to obtain documents that proved to be non-existent. They could have simply called the ministries and asked that the documents be faxed, but refused to do so.

The school stonewalled us, allegedly because the agency was bribing a corrupt official.

Even fellow Western expats thwarted efforts to obtain justice. When I attempted to post messages asking for other Teachers who had also been defrauded to join the suit, my post was deleted and I was given a demerit for attempting to advertise.

Even in the unlikely event that I prevail, I am but one of hundreds of teachers who are routinely defrauded and subjected to unfair working conditions, such as being compelled to work without a work permit and signing teachers to ten-month contracts.

By my calculations, it costs about ฿2,500/month and takes about 16 hours/month to maintain a tourist visa. Many teachers only earn ฿30,000 or ฿1,000/day, so failing to provide them a work permit robs them of ฿4,500/month. Many teachers only net ฿26,000 or ฿312,000/year, even less in the provinces. If you want to retire in Thailand, you need to show an income of ฿800,000 or 2½x the salary of many teachers.

Does this make sense?

Edited September 3, 2015 by metisdead
Font.

[tuanku]

I am currently going through this procedure - I have completed stage 1 which is mediation. The school has refused to settle.

For mediation I did not need a lawyer. An English speaking clerk at the labour court helped me to file the papers. A Thai friend attended the sessions and translated as required. The school employed a Bangkok lawyer but it didn't really help their case.

Stage 2 means going to court. now I need a lawyer and a translator. the costs are higher and I am trusting that the lawyer, who is a fluent English speaker, is genuine when he says he believes i have a good chance of winning the case. I have supplied a lot of written evidence in the form of e-mails etc, the key parts of which I have had translated to Thai at 400 Baht per page.

I am claiming 1 month pay in lieu of notice, 1 month pay as damages for unfair dismissal, 180 days pay for them breaking contract (I had worked for 3 + years for them), and lost benefits due to the contract being terminated early ( my contract included things like returning flights).

You do need to do this in the district you were employed in.

You do need to be legal in Thailand while you are doing it.

You do need to be patient - it is 4 months since my contract was terminated.

However I have found that the Labour courts are sympathetic to employees, are able to help you find your way through procedure, and are understanding of the fact that as a terminated employee you probably don't have anything like the funds available to you that your ex employer does.

I have also found that there are lawyers who can speak good English and will take your case if they think you have a good one. We found ours by asking the Labour court clerks for a recommendation. Should be local to the court you are applying to.

[nowretired]

Anyone willing to work illegally has no sound foundation upon which any legal action can be based.

If a person is fully legal , and is in possession of a work permit and ,in the case of teachers, a teachers licence or waiver, then a case alleging money is owed as the result of a broken contract may succeed.

[Soutpeel]

Anyone willing to work illegally has no sound foundation upon which any legal action can be based.

If a person is fully legal , and is in possession of a work permit and ,in the case of teachers, a teachers licence or waiver, then a case alleging money is owed as the result of a broken contract may succeed.

Thats actually incorrect, WP or not the DOL will take the case, reasearch on TV the case of the member on here who worked in a hotel wuthout a WP and the person sucessfully received their severance after the DOL took the case

[Soutpeel]

I have been trying to collect unpaid wages for the past two years through a suit filed in Central Labour Court. My next hearing date is not until December. I was one of at least eight teachers defrauded by a disreputable agency during a single term at two campuses. The others have already returned to their home countries and abandoned any hope of restitution.

Everything is stacked against you.

Although the judges are fluent in English, you need a translator at every hearing and all documents must be translated into Thai.

When the respondent failed to appear at several hearings, the case was automatically continued. If the complainant fails to appear without providing good reason, the case is dismissed.

Before we were permitted to file, he clerk sent us to other ministries several times to obtain documents that proved to be non-existent. They could have simply called the ministries and asked that the documents be faxed, but refused to do so.

The school stonewalled us, allegedly because the agency was bribing a corrupt official.

Even fellow Western expats thwarted efforts to obtain justice. When I attempted to post messages asking for other Teachers who had also been defrauded to join the suit, my post was deleted and I was given a demerit for attempting to advertise.

Even in the unlikely event that I prevail, I am but one of hundreds of teachers who are routinely defrauded and subjected to unfair working conditions, such as being compelled to work without a work permit and signing teachers to ten-month contracts.

By my calculations, it costs about ฿2,500/month and takes about 16 hours/month to maintain a tourist visa. Many teachers only earn ฿30,000 or ฿1,000/day, so failing to provide them a work permit robs them of ฿4,500/month. Many teachers only net ฿26,000 or ฿312,000/year, even less in the provinces. If you want to retire in Thailand, you need to show an income of ฿800,000 or 2½x the salary of many teachers.

Does this make sense?

Ok accept what your saying, but lest not forget your also willingly committing an illegal act by being prepared to work without a WP which leaves people open to being " defrauded" so yes the employer is acting illegally but so is the employee, knowingly in a lot of cases

If more "English" teachers refused to work without a WP there would be fewer around, therefore the schools would need to get there act together and provide WP and one presumes higher salaries as well, so in some respects people who do work illegally are enabling the employers

[ginocox]

I have been trying to collect unpaid wages for the past two years through a suit filed in Central Labour Court. My next hearing date is not until December. I was one of at least eight teachers defrauded by a disreputable agency during a single term at two campuses. The others have already returned to their home countries and abandoned any hope of restitution.

Everything is stacked against you.

Although the judges are fluent in English, you need a translator at every hearing and all documents must be translated into Thai.

When the respondent failed to appear at several hearings, the case was automatically continued. If the complainant fails to appear without providing good reason, the case is dismissed.

Before we were permitted to file, he clerk sent us to other ministries several times to obtain documents that proved to be non-existent. They could have simply called the ministries and asked that the documents be faxed, but refused to do so.

The school stonewalled us, allegedly because the agency was bribing a corrupt official.

Even fellow Western expats thwarted efforts to obtain justice. When I attempted to post messages asking for other Teachers who had also been defrauded to join the suit, my post was deleted and I was given a demerit for attempting to advertise.

Even in the unlikely event that I prevail, I am but one of hundreds of teachers who are routinely defrauded and subjected to unfair working conditions, such as being compelled to work without a work permit and signing teachers to ten-month contracts.

By my calculations, it costs about ฿2,500/month and takes about 16 hours/month to maintain a tourist visa. Many teachers only earn ฿30,000 or ฿1,000/day, so failing to provide them a work permit robs them of ฿4,500/month. Many teachers only net ฿26,000 or ฿312,000/year, even less in the provinces. If you want to retire in Thailand, you need to show an income of ฿800,000 or 2½x the salary of many teachers.

Does this make sense?

Ok accept what your saying, but lest not forget your also willingly committing an illegal act by being prepared to work without a WP which leaves people open to being " defrauded" so yes the employer is acting illegally but so is the employee, knowingly in a lot of cases

If more "English" teachers refused to work without a WP there would be fewer around, therefore the schools would need to get there act together and provide WP and one presumes higher salaries as well, so in some respects people who do work illegally are enabling the employers

Balderdash!

You are blaming the victims and your logic makes about as much sense as those who suggest rape victims encourage attacks by wearing provocative clothes. Poppycock! I’ve never worn a brassiere and nobody has tried to assault me. Quod erat demonstrandum.

The agencies deceive the teachers. They promise to provide a work permit and include their assurances in their advertising, their contracts and their e-mails. But, they tell the teachers they don’t obtain the permit until after the teacher has completed a probationary period. Then they tell them they need additional paperwork from the teachers. Then they claim they’re waiting for paperwork from the school.

They also string the teachers along with lies about their compensation, the teaching materials they promised to provide, office supplies, etc.

Eventually, the teachers realize it’s all a body of lies. Most cut their losses and quit. One complained and was fired on spurious grounds. I stuck it out for the full term primarily because I could see the disruption this was causing the other students and I felt a sense of responsibility and commitment. I was also trying to convince the school to terminate their contract and hire me directly.

There were supposed to be two native English teachers at that school. One for P1, P2 and P3, while I had P4, P5 and P6. The students who weren’t in my classes had classes taught by nine different instructors, including myself as a substitute for a few classes. Five of those instructors weren’t native English speakers, including a Frenchman, a Russian and three Thais, although in fairness, the Russian’s English was very good.

Teachers have roughly zero bargaining power with the schools. Now some schools are hiring English teachers from Nigeria and some other African nations, who work for ฿25,000/month on a ten-month contract with no work permit. They still need to maintain their tourist visas during the unpaid months, so they pay about ฿30,000/year for their tourist visa, which may be an overstatement, as my figures are based on prices charged Europeans. There are lower-cost, no-frills runs popular with Filipinos and one can probably save a few hundred baht by avoiding the services all together. But let’s call it ฿25,000/year. And they sacrifice about 16 hours/month on visa runs and trips to Immigration, the equivalent of working an extra month without pay. So they work the equivalent of eleven months for ten month’s pay and net ฿225,000/year or ฿18,750/month. And the students are instructed by teachers with a reasonable grasp of grammar but heavy accents.

But perhaps the administrators receive bonuses for saving money on their English instruction and the enhanced job satisfaction experienced by the administrators will filter down and improve the students’ educational experience and grasp of the future pluperfect subjunctive mood.

[Soutpeel]

I have been trying to collect unpaid wages for the past two years through a suit filed in Central Labour Court. My next hearing date is not until December. I was one of at least eight teachers defrauded by a disreputable agency during a single term at two campuses. The others have already returned to their home countries and abandoned any hope of restitution.

Everything is stacked against you.

Although the judges are fluent in English, you need a translator at every hearing and all documents must be translated into Thai.

When the respondent failed to appear at several hearings, the case was automatically continued. If the complainant fails to appear without providing good reason, the case is dismissed.

Before we were permitted to file, he clerk sent us to other ministries several times to obtain documents that proved to be non-existent. They could have simply called the ministries and asked that the documents be faxed, but refused to do so.

The school stonewalled us, allegedly because the agency was bribing a corrupt official.

Even fellow Western expats thwarted efforts to obtain justice. When I attempted to post messages asking for other Teachers who had also been defrauded to join the suit, my post was deleted and I was given a demerit for attempting to advertise.

Even in the unlikely event that I prevail, I am but one of hundreds of teachers who are routinely defrauded and subjected to unfair working conditions, such as being compelled to work without a work permit and signing teachers to ten-month contracts.

By my calculations, it costs about ฿2,500/month and takes about 16 hours/month to maintain a tourist visa. Many teachers only earn ฿30,000 or ฿1,000/day, so failing to provide them a work permit robs them of ฿4,500/month. Many teachers only net ฿26,000 or ฿312,000/year, even less in the provinces. If you want to retire in Thailand, you need to show an income of ฿800,000 or 2½x the salary of many teachers.

Does this make sense?

Ok accept what your saying, but lest not forget your also willingly committing an illegal act by being prepared to work without a WP which leaves people open to being " defrauded" so yes the employer is acting illegally but so is the employee, knowingly in a lot of cases

If more "English" teachers refused to work without a WP there would be fewer around, therefore the schools would need to get there act together and provide WP and one presumes higher salaries as well, so in some respects people who do work illegally are enabling the employers

Balderdash!

You are blaming the victims and your logic makes about as much sense as those who suggest rape victims encourage attacks by wearing provocative clothes. Poppycock! I’ve never worn a brassiere and nobody has tried to assault me. Quod erat demonstrandum.

The agencies deceive the teachers. They promise to provide a work permit and include their assurances in their advertising, their contracts and their e-mails. But, they tell the teachers they don’t obtain the permit until after the teacher has completed a probationary period. Then they tell them they need additional paperwork from the teachers. Then they claim they’re waiting for paperwork from the school.

They also string the teachers along with lies about their compensation, the teaching materials they promised to provide, office supplies, etc.

Eventually, the teachers realize it’s all a body of lies. Most cut their losses and quit. One complained and was fired on spurious grounds. I stuck it out for the full term primarily because I could see the disruption this was causing the other students and I felt a sense of responsibility and commitment. I was also trying to convince the school to terminate their contract and hire me directly.

There were supposed to be two native English teachers at that school. One for P1, P2 and P3, while I had P4, P5 and P6. The students who weren’t in my classes had classes taught by nine different instructors, including myself as a substitute for a few classes. Five of those instructors weren’t native English speakers, including a Frenchman, a Russian and three Thais, although in fairness, the Russian’s English was very good.

Teachers have roughly zero bargaining power with the schools. Now some schools are hiring English teachers from Nigeria and some other African nations, who work for ฿25,000/month on a ten-month contract with no work permit. They still need to maintain their tourist visas during the unpaid months, so they pay about ฿30,000/year for their tourist visa, which may be an overstatement, as my figures are based on prices charged Europeans. There are lower-cost, no-frills runs popular with Filipinos and one can probably save a few hundred baht by avoiding the services all together. But let’s call it ฿25,000/year. And they sacrifice about 16 hours/month on visa runs and trips to Immigration, the equivalent of working an extra month without pay. So they work the equivalent of eleven months for ten month’s pay and net ฿225,000/year or ฿18,750/month. And the students are instructed by teachers with a reasonable grasp of grammar but heavy accents.

But perhaps the administrators receive bonuses for saving money on their English instruction and the enhanced job satisfaction experienced by the administrators will filter down and improve the students’ educational experience and grasp of the future pluperfect subjunctive mood.

Not blaming the victims in the least, as in some respects they are not victims, large numbers know exactly what they are doing

the rest of your post is just off topic hot air all i reading is making excuses and blaming others

[metisdead]

An off topic post has been removed, this is about compensation for contract termination(without cause). Discussion about the rights and wrongs of the work permit system would be another topic altogether.