Employer Forcing Relocation Abroad

[radiophonic]

Recently, my girlfriend's employer (she is of Thai nationality) told her that she has to move to Maldives in order to continue her employment with the company. If she does not, her employment will be terminated. Is this standard operating procedure for companies in Thailand?

I'm concerned because if they do this to her and she accepts, she'll be leaving her son and daughter behind in Thailand for one year while she works abroad. It seems a bit strange to impose this hardship upon someone, especially since she does not know the local language in Maldives.

I searched online in regards to labour laws but have turned up nothing. Any info would be helpful.

Thanks

[cornishcarlos]

Read her contract.. What does it say in there ? If she has one...

[CharlieH]

Local language is devehi, Thais dont need visa's there either (dependent on length of stay etc.

As stated if she has a contract, see what that states, if not and she doesnt want to go she must talk and explain to her boss.

Having worked there myself, not something I would recommend. especially if she is on an island and not the main island of Mali (so to speak)

If its one of the many Spa chains that work the hotel complexes throughout the islands be very concerned !!

[Thongkorn]

Just leave, if it feels wrong it is,

[expatbrit]

What is the girl friends job and how long has she been employed by the company ?

As said by others check her contract .

[Hedghog]

OP.

You are concerned.

How does your girlfriend feel about it?

Maybe she fancies a change.

Many people leave their family behind,for work.

[JHolmesJr]

If its one of the many Spa chains that work the hotel complexes throughout the islands be very concerned !!

Sounds like a spa therapist gig.... Why ......is it dangerous?

[singa-traz]

Visit with her the closest Labour Department Office, and get advise there.

[expatbrit]

Visit with her the closest Labour Department Office, and get advise there.

The OP only mentions his "concern" !

The G/F may be very pleased/happy to be offered an opportunity to travel and perhaps also improve her long term career prospects.

[singa-traz]

Visit with her the closest Labour Department Office, and get advise there.

The OP only mentions his "concern" !

The G/F may be very pleased/happy to be offered an opportunity to travel and perhaps also improve her long term career prospects.

And the OP also mentioned "Labour Laws".

They will know all the options available. You can visit the labour office and only get advise there.

[Swiss1960]

Given what the OP wrote in another thread just four days ago on 6 December:

"Do I plan on visiting my current girl? Yes. Why? Because behind the shroud of deception, there's still a nice connection and, there's still hope that she'll not be a bad woman when I show up. In the meantime, I keep an open mind and heart giving her the benefit of a doubt and not allowing my mind to wander into the what-if's of the future"

- he recently met the girl on a dating website...

- he has never met her but now plans...

so there are many possible explanations for the girls suddend "problem" with her employer, one of many is that she is preparing the OP for not working when he comes and needing support from him...

With regards to relocating: Why should Thai companies NOT be allowed to close the local shops and relocate them to abroad, if costs (labour, material, rent, taxes etc) would benefit them? Telling the employess "you can either move with the company or we let you go in line with the termination clauses in the contrac"t is nothing really special and certainly not against the law... happens in Europe almost on a daily basis, I know that many companies in Switzeland for example have "discovered" Poland to be a great place for call centers and many back-office operations

Edited December 9, 2015 by Swiss1960

[expatbrit]

Given what the OP wrote in another thread just four days ago on 6 December:

"Do I plan on visiting my current girl? Yes. Why? Because behind the shroud of deception, there's still a nice connection and, there's still hope that she'll not be a bad woman when I show up. In the meantime, I keep an open mind and heart giving her the benefit of a doubt and not allowing my mind to wander into the what-if's of the future"

- he recently met the girl on a dating website...

- he has never met her but now plans...

so there are many possible explanations for the girls suddend "problem" with her employer, one of many is that she is preparing the OP for not working when he comes and needing support from him...

With regards to relocating: Why should Thai companies NOT be allowed to close the local shops and relocate them to abroad, if costs (labour, material, rent, taxes etc) would benefit them? Telling the employess "you can either move with the company or we let you go in line with the termination clauses in the contrac"t is nothing really special and certainly not against the law... happens in Europe almost on a daily basis, I know that many companies in Switzeland for example have "discovered" Poland to be a great place for call centers and many back-office operations

Or she is telling him that she will not provide support !

[CharlieH]

I think the answer is right here...."Because behind the shroud of deception"

More to this than meets the eye obviously.

[impulse]

Best bet is to have any agreement she's asked to sign checked by a lawyer and/or the labor department.

She's entitled to certain severance benefits if they terminate her in Thailand without cause (acceptable to the labor department- and they're pretty good about protecting employees).

It's possible they could send her overseas and terminate her under the new location's laws pretty much immediately as a way to cheat her out of those benefits. It's also possible they're forcing on her an impossible choice as a way of getting her to resign so they don't have to pay severance. According to our Thai labor attorney, it happens pretty often (to expat workers- though we haven't asked him how that applies to Thai's).

If any contract changes are not in her favor, she should have the right to refuse. If that results in her termination, it's considered a termination, and not a voluntary resignation. Otherwise, an employer could cut her salary by 90%, take it or leave it- as a way of getting her to resign without paying severance.

Our labor attorney has suggested we decline any relocation unless our employer buys out our severance rights, or just kiss them goodbye. For some of us, that's 6 months to a year of salary. Once again, that's for expats and I have no clue about Thai's working for Thai companies in foreign countries.

Of course, if she hasn't been there long, severance benefits may not be a consideration.

Edited December 10, 2015 by impulse

[MaeJoMTB]

You gotta love the stories they make up to extract money from the gullible male foreigner.

Hey, but its very original.

[impulse]

With regards to relocating: Why should Thai companies NOT be allowed to close the local shops and relocate them to abroad, if costs (labour, material, rent, taxes etc) would benefit them? Telling the employess "you can either move with the company or we let you go in line with the termination clauses in the contract is nothing really special and certainly not against the law... happens in Europe almost on a daily basis, I know that many companies in Switzeland for example have "discovered" Poland to be a great place for call centers and many back-office operations

There's what's in the contract, and there is Thai labor law. Often, they conflict. Thai law prevails, according to our attorney.

Several clauses in my own employment contract have been abandoned over the years because they have been contested by others before me. In our case, it's not that the company was deliberately trying to cheat us; they were using Singapore and US boilerplate clauses and their standard (foreign) "corporate policies", which do not hold up under Thai law.

In each case, employees have been able to claim benefits (and salary) according to Thai law, irrespective of what was in the contract. In each case, terminations were deemed to be terminations without cause, and severance was awarded. Resignations out of the blue? Not so much- no severance.

It's always a good idea to have an expert take a look at your employment contract to see if you're being shortchanged. Especially if your employer is imposing unfavorable changes on your terms and conditions.

(Edit: BTW, I do acknowledge that the OP may just be a windup, but if a single reader doesn't get cheated because of what's been posted, it's still in the win column)

Edited December 10, 2015 by impulse

[JHolmesJr]

Every fancy maldivian hotel has a spa and it is usually sticked with thai therapists.

Cheaper to hire and order around …. I can't imagine it is a popular choice for the extremely social thais….they would be bored out of their skulls.

So im not surprised that this sort of coercion is used.

I can only suggest to the OP that he should consider moving to the same Maldivian hotel as a waiter, babysitter, snorkelling guide or volleyball instructor.

[smotherb]

Local language is devehi, Thais dont need visa's there either (dependent on length of stay etc.

As stated if she has a contract, see what that states, if not and she doesnt want to go she must talk and explain to her boss.

Having worked there myself, not something I would recommend. especially if she is on an island and not the main island of Mali (so to speak)

If its one of the many Spa chains that work the hotel complexes throughout the islands be very concerned !!

Isn't English widely used? The Maldives only gained independence from the UK in the mid sixties.

[sead]

Now is the time for you to say. (you)No teerak. Dont go because i can pay you. (her)But honey. They give me like 40.000 a month. (you)No problem teerak. I can do that for you.....

[SOTIRIOS]

...sounds like b.s. upon b.s.........

...you do not even know if 1 word of it is true.....

...and like someone else said.....'What will it cost you to 'keep her from going'...'???

...does she evn have a job....

...in a 'spa'....???

...as in massage....???

...dunno...

..and if you recently posted that you do not even really know each other...or get along.....

...and 2 children from someone else....

...good luck...hope you get it sorted...for your sake.....firstly....

[ggt]

You can trust her...it is not in the Thai DNA to lie to foreigners...so I have been told...

[blackcab]

I know one thing, and that is really good Thai staff are hard to find. If she gets made redundant from the company and she stays in Thailand, finding a new, well paid job will be quick and easy.

If she's really good that is.

[ozyjon]

Ah,, NO

[jacko45k]

OP.

You are concerned.

How does your girlfriend feel about it?

Maybe she fancies a change.

Many people leave their family behind,for work.

I agree with your final sentiment and was only discussing this last night. Her sister has gone to work in Bangkok, and is also considering plans to join another sister overseas and leave behind her husband, and 2 children, one of which is very young. Needs must and all that.... they may be in a poor state financially and she has good English and should use it. What shocked me was that something similar had been suggested to my wife by her sister, which annoyed me me somewhat. I told her to tell the sister to go get lost interfering in our relationship like that, but underneath it made me wonder if the 'grass is greener' syndrome and some apparently lucrative opportunity makes them turn their backs on what I see as more important responsibilities.

[cyberfarang]

Who cares and why should you worry about her son and daughter? Not your problem or responsibility. If she is prepared to go and be parted from you, then find another girlfriend.