Overtime pay for a foreigner

[chefseph]

Hi guys,

I’m going to the Labour Office to check tomorrow but I thought I’d start a topic here to see what other people think and writing also helps vent the frustration.

I’ve been employed by the same company 1 year 5 months as a (per work permit) head chef – to maintain standard of quality for food preparation and cooking.

It was a given from day one (although on my contract states – the normal working hours shall be 9 hours a day) that I would not be compensated for overtime which I was fine with..

The then GM informed us (all heads of departments) (verbally) that since we would be scheduled once a week to work as a Manager on Duty, each time we did we would be entitled 3 hours as overtime.  So every 3 times you get a day off in lieu.  I accumulated 16 days of such days off in lieu which I used earlier this year (forms signed and approved by HR and GM).

Last month I gave them my notice and my last working day is on the 20^th this month.  Today I asked HR to clear all my pending days off, public holidays and vacations.  They went in detail through the time logs and informed me that since sometimes I took a 2 hour break on the days I was duty manager, I was not entitled to OT and so they will be deducting the days used from my other accrued holiday days.  Seriously??  Each time regardless of the break or no, hours worked were 12+

I just called a lawyer now to check and she told me that if I wanted to I can even ask for all the extra hours worked each and every day since day 1, which I don't want.  I only want what was promised to me and now appears to be retracted.

I’m off to the Labour office first thing in the morning to see what rights I have.

Rant over

[impulse]

Good luck to you.  You should make out okay if you have documentation.  The only hiccup in your situation is that you're leaving voluntarily.  All of our folks were terminated or made redundant.  I don't know how that affects your standing.

 

Several people have departed our company and gotten benefits mandated by Thai law even though the official company policy and our contracts conflicted with Thai employment laws.

 

Contrary to another concurrent Thai bashing thread, our experience is that foreigners are treated very fairly down at the labor office.  

[chefseph]

Good to know. thank you sir for your contribution. Much appreciated!

 

Without going into detail, I'm leaving because of certain decisions made by the owners regarding management personnel.  Which in my view were totally unacceptable and made me doubt my own job security.