Soutpeel Posted October 1, 2015 Share Posted October 1, 2015 They have mentioned they can claim up to 1 million Baht; i am trying to convince them for 40 days but they just don't seem to agree at all. So what can be the problem if i leave Thailand, come back in new visa and start work somewhere else. Your suggestions are much appreciated. BTW if they go by the contract, they have made me work under ED visa for 3 months. How did "they" make you work illegally for 3 months.? You must have agreed to this arrangement in full knowledge of the fact that an ED visa does not allow work. The OP shouldnt have worked on an Ed visa....but this doesnt have anything to do with his question Link to comment Share on other sites More sharing options...
Udinbkk Posted October 1, 2015 Share Posted October 1, 2015 the agreement says " for the breach of agreement terms and conditions employer can claim for damages arising from such breach in the minimum of 1 Million THB or more depending on the actual damage"; my work alone cannot cause such damage, and so far there have been no issue at all unless they actually do something on my work which still cant cause much damage to anything. What i am more worried about is will they be able to do anything that can stop me from working for another company. The new company is totally different from the current one. Link to comment Share on other sites More sharing options...
oncearugge Posted October 1, 2015 Share Posted October 1, 2015 the agreement says " for the breach of agreement terms and conditions employer can claim for damages arising from such breach in the minimum of 1 Million THB or more depending on the actual damage"; my work alone cannot cause such damage, and so far there have been no issue at all unless they actually do something on my work which still cant cause much damage to anything. What i am more worried about is will they be able to do anything that can stop me from working for another company. The new company is totally different from the current one. You signed the contract and accepted the terms and conditions associated with the contract. Make no mistake the employer, if they are so minded, could make life very difficult. If you are lucky they will just rattle the cage, give you a scare and let you go. Link to comment Share on other sites More sharing options...
Soutpeel Posted October 1, 2015 Share Posted October 1, 2015 the agreement says " for the breach of agreement terms and conditions employer can claim for damages arising from such breach in the minimum of 1 Million THB or more depending on the actual damage"; my work alone cannot cause such damage, and so far there have been no issue at all unless they actually do something on my work which still cant cause much damage to anything. What i am more worried about is will they be able to do anything that can stop me from working for another company. The new company is totally different from the current one. Is the notice period defined in your contract ? Futher they need to define damages, further did you sign and English or Thai version given an English langauge version is not a " legal version" Some who knows a bit about employment contracts should be able to tear your contract to shreds pretty quickly They cant stop you working for the new company.... Link to comment Share on other sites More sharing options...
Udinbkk Posted October 1, 2015 Share Posted October 1, 2015 agreement is in English and notice period is mentioned too Link to comment Share on other sites More sharing options...
Soutpeel Posted October 1, 2015 Share Posted October 1, 2015 the agreement says " for the breach of agreement terms and conditions employer can claim for damages arising from such breach in the minimum of 1 Million THB or more depending on the actual damage"; my work alone cannot cause such damage, and so far there have been no issue at all unless they actually do something on my work which still cant cause much damage to anything. What i am more worried about is will they be able to do anything that can stop me from working for another company. The new company is totally different from the current one. You signed the contract and accepted the terms and conditions associated with the contract. Make no mistake the employer, if they are so minded, could make life very difficult. If you are lucky they will just rattle the cage, give you a scare and let you go. Yes...but as the poster had said, him leaving early would not incurr 1 million in direct losses to the company...therefore that clause is unreasonable and therefore unenforceable ...the company would have to prove 1 million in losses Link to comment Share on other sites More sharing options...
Soutpeel Posted October 1, 2015 Share Posted October 1, 2015 (edited) agreement is in English and notice period is mentioned tooNotice period is what ? 3 months ? One could argue in terms of thailand that a contract written and signed only in English is not enforceable anyway unless there is is clause which states the contract language is only English (technicality i know) as legal contracts in Thailand would be in Thai Could they sue you in a civil court...yes from the perspective that anyone can sue anybody else in a civil court...would the win...dont think so Edited October 1, 2015 by Soutpeel Link to comment Share on other sites More sharing options...
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