Maximum legal work time

[French777]

Hello. I have a question concerning work time and I was hoping you would be able to help.

 

My work contract says my work time is 9 hours / day Mon-Thu + 8 hours Friday (break time excluded) so total 44 hours / week. It also say I must work some Saturday (8 hours, 1 Saturday out of x).

 

I reviewed section 23 of the Thai labour law and understand that legally
   - Maximum should be 8 hours daily / 48 hours weekly
   - Daily maximum may be extended to 9 hours if there is an agreement employer-employee but
           - the extra time should come from an other day where the employee works less than 8 hours
           - even in this case the weekly maximum should must not exceed 48 hours

 

Am I right believing that for the weeks where I work on the Saturday :
- the total worked time requested (52 hours) is not legal since it exceeds the 48 hours maximum from the law ?
- the 9 hours worked Monday to Thursday are not legal either since there is no day that week where I work less than 8 hours ?

(Or could my employer have a case if they argue that since it is not every Saturday the average is still legal?)

[Lamkyong]

do you have or did you sign a contract ??

[Kwasaki]

l would say change your job,  you would be very popular spouting law at your employer.

 

If you signed the contract you agreed to the terms.

[French777]

Yes, and no.
We made 2 contracts actually : 1 signed by the site manager, and 1 with signed by the CEO of the group.
The local one is the one that was used to get me my work permit - it says virtually nothing apart from my salary and holidays (it's not even 2 pages)
The one signed by the group CEO is the one that details my work time - it is in French  but clearly states disputes would be treated under the Thai labour law.

[French777]

4 minutes ago, Kwasaki said:

If you signed the contract you agreed to the terms.

I know I agreed at the time, but that does not make it legal ! I know it could be a tricky one to start talking about with the site manager but from previous discussion I know that him too thinks the groups should give us some form of compensation for the Saturdays (would it be only being allowed to work from home 1 day for each Saturday worked, he said). I might actually give him a legal argument to push back the HQ...?

 

[Don Mega]

Yeah although the law states 8/48 I believe there is room for flexibilty in the law.

 

We used to work 6x8 but now work (with the blessing of the labour dept) 5x9.6.

 

Any hours you work over 48 should be paid as either overtime or time in lieu, Iam on a salary so no overtime for me so we take it as time in lieu.

 

What does your contract state ?

[French777]

Don Mega - I am on a monthly salary too. I have seen the law allows moving some work time from one day to an other but it said (1) hours moved should come from a day where the employee works less than 8 hours (I have none but the Saturdays where I don't work) and (2) even if some hours are moved the total should not be more than 48. (like what you have).

Edited April 29, 2017 by French777

[VocalNeal]

I have worked in Indonesia where we all worked Saturday mornings. I have worked in Canada where I was on call 1 weekend out of x. 

 

If you don't like it you can always quit!

[seancbk]

4 hours ago, French777 said:

I know I agreed at the time, but that does not make it legal ! I know it could be a tricky one to start talking about with the site manager but from previous discussion I know that him too thinks the groups should give us some form of compensation for the Saturdays (would it be only being allowed to work from home 1 day for each Saturday worked, he said). I might actually give him a legal argument to push back the HQ...?

 

 

Are you complaining because you don't like working long hours or because you want more money?
 

[natway09]

Crux of the matter,,,, are you on the minimum wage which is about Bht 320 a day

If you are above that you have contracted outside the LD guidelines.

If you want to go to any employer & complain about 6 or 7 hours a week extra

I suggest you are in the wrong country    .... Unionized Brit in your last life by any chance  ???

[Sooo Upto Me]

3 hours ago, VocalNeal said:

I have worked in Indonesia where we all worked Saturday mornings. I have worked in Canada where I was on call 1 weekend out of x. 

 

If you don't like it you can always quit!

 

Why? That's not wot the OP is asking.

[natway09]

The standard working week includes Saturdays( 48 Hr 6 day week)

[Don Mega]

1 minute ago, natway09 said:

The standard working week includes Saturdays( 48 Hr 6 day week)

Which has been mentioned a few times, your point is ?

[Lamkyong]

1 minute ago, Sooo Upto Me said:

 

Why? That's not wot the OP is asking.

true, what he is bleating about is he signed a contract   and now wants backup    to renege  on it    i am glad to say from what i read he is not receiving    many positive replies

[ericthai]

I assume you are being paid more than minimum wage, I assume a salary. You agreed to the contract which the employer can state you are on a salary based on X amount per work hour and includes all the overtime pay they expect you to work as per the contract.  However, if they want you to work additional hours other than what your contract states then you are entitled to overtime pay or time off. This is how our lawyer worked out a contact for our plant manager. 

 

OP if you think you are being worked more than what you agreed you can go to the labor board who is very strong. However most likely you will be out of a job and if not will defiantly be given a hard time. You need to either accept what you agreed to or quit and move on. 

[Deli]

Suck it up, Frenchie. I work many more hours, if you don't like it, quit.