Dear members,

first of all i hope this is the right subforum for this topic.

 

I work for an important international Company since 2 years with a semi high profile job (manager role, 110k+ THB x month), and even though i always have been right about work permit and visa, i never ever signed a single contract.

 

I think is unfair, unsafe and i am tired of this and many other borderline practise of the Company.

 

May I in any way, think to make any claim against them at labor department?

 

Any experience or tips to share about this peculiar situation?

 

Many thanks in advance for any support or feedback about it! If you need more details i will try to provide all the info i can.

What do you wish to claim against them with the Labor department and do you expect your employment to continue afterwards ?

Even without a contract you still have employment rights and protection under Thai law.

What do you wish to claim against them with the Labor department and do you expect your employment to continue afterwards ?

Agreed. To add:
What kind of work conditions were so bad/borderline that you seek compensation or report?

41 minutes ago, elviajero said:

Even without a contract you still have employment rights and protection under Thai law.

 

Tax records are all the proof required to establish length of work.

On 11/23/2016 at 4:03 PM, Don Mega said:

What do you wish to claim against them with the Labor department and do you expect your employment to continue afterwards ?

 

Hi all and thanks for the answers.

 

The only thing that "theoretically" i would be willing to claim against them, is simply that i never had a contract, and so i was wondering if "not having a contract at all, while having a proper job with visa/permit " was illegal in some degree.

Practical reasons of my discontent are terrible management and subpar logistics, which are causing problem with major clients with whom i have long successful relationships, after months and months of mediocrity this is becoming utterly frustrating.

If one day we will arrive to a major disagreement i am more then ready to quit and go work for competitors who i know would likely hire me,  and so i was just evaluating if i could make any claim about the contract in case this "major disagreement scenario" should ever happen.

 

 

 

 

 

3 hours ago, KAKA00 said:

 

Hi all and thanks for the answers.

 

The only thing that "theoretically" i would be willing to claim against them, is simply that i never had a contract, and so i was wondering if "not having a contract at all, while having a proper job with visa/permit " was illegal in some degree.

Practical reasons of my discontent are terrible management and subpar logistics, which are causing problem with major clients with whom i have long successful relationships, after months and months of mediocrity this is becoming utterly frustrating.

If one day we will arrive to a major disagreement i am more then ready to quit and go work for competitors who i know would likely hire me,  and so i was just evaluating if i could make any claim about the contract in case this "major disagreement scenario" should ever happen.

 

In Thailand, you do  have an employment contract. It is verbal, but enforceable. You may not like its conditions, but there is nothing you can do about that if the bosses you despise do not want to agree better ones.

 

I strongly urge you not to think about suing your employer in the future unless the labor department supports you. If you think dealing with your mediocre management is frustrating, you have no idea how maddeningly slow and expensive litigation in Thailand can become.

 

I appreciate your concern about the impact on your long-term contacts. You need to decide if those concerns are serious enough for you to look for a position elsewhere. When and if you do, recognize that your implied contract with your existing employer cuts both ways. However, unless you agreed otherwise in an email or something, the implied agreement would not include non compete constraints.

I think you may have well signed a contract, written in Thai, in amongst the many documents you had to sign for your Work Permit application. You may not have been informed at the time that that piece of paper was the contract stating your terms of employment.

Ive had some personal experience with the Labour Dept, and I came away with a settlement of 400k.

 

In your situation, it is best not to say or do anything, just keep things as normal, and if they ever try to get rid of you without paying you the required compensation, then go to the Labour people.