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Who is legal employer (who do I sue?)

Discussion in 'Employment Contracts' started by Jilrob, 7 Jun 2016.

  1. Jilrob

    Jilrob Thread Starter Member

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    I am wading through labour law here but am wondering if this has been done already; I could not see it in my search.

    I was employed by an agency to work at a government school, which I did for a month, there was a dispute between the agency and the school and the agency called me at 9.30pm and said we don't work with the school anymore, just go and pick up your salary from the school. The school has not yet paid up and nor has the agency. The agency then placed me in a position that I had clearly said I did not want before I took the first position. I have advised the agency that I consider my lack of payment a repudiatory breach and that I am therefore no longer employed by them.

    I am pretty sure that the application to Immigration and the Labour Office contain only contracts with the school and that the agency is operating under labour recruitment laws, not as employers.

    Does anyone have experience in this area? Bahn Farang? I am well out of pocket and the South is dominated by agencies, a group I consider irrelevant,at least beyond initial recruitment but that is not the issue here.

    Thanks in advance for any help/
     
  2. sirchai

    sirchai Well-Known Member

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    Message removed by me.
     
    Last edited: 7 Jun 2016
  3. Jilrob

    Jilrob Thread Starter Member

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    I was asking for assistance, not a tirade. It is far from clear who the employer is. I do know how to read a contract and you have not read mine, nor do you know anything but the briefest of details, you are making completely unfounded assumptions about what I have or have not done.

    This is generally a helpful group and if you have nothing helpful to say then say it.
     
  4. Aj Michael

    Aj Michael Well-Known Member

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    If the school was responsible for paying you, your contract will be with the school, as stated in you application for Visa and Work Permit. Once the agency has placed you, they are irrelevant.

    Getting things sorted could get messy. Consult the labour department; they may be able to help, but bear in mind that if you are no longer employed you Visa and Work Permit become void. In practice you are usually allowed a week or so to leave the country….. A visa run could be in order.

    Suing someone or some organisation may eventually be possible, but it would take a lawyer and time….. in the end probably more hassle and cost than it is worth. Sure you feel aggrieved and are out of pocket, but you might be better to chalk it up to experience and move on.
     
  5. JimB

    JimB Member

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    I recommend that you visit you local Labor Office with any paperwork you may have. They can be very good at pressuring schools to pay by making one phone call to the director.

    As mentioned by Aj M. it's a good idea to confirm, if possible, your current visa and wp status. I recommend you leave the country as soon as you can and obtain a tourist visa. You then have control over your visa status.

    Government schools are notorious at not being capable of processing government docs to get payments to teachers.
     
    Aj Michael likes this.
  6. bahn_farang

    bahn_farang Well-Known Member

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    My trip to the administrative court in Chiang Mai proved useful.

    Did the school give any reasons for not paying?
    Did the school provide documents for the processing of the work permit?
    Did the school provide you or the agency with a contract?
    Is the agency a registered tax payer?
    Have you contacted the local area education office?

    It sounds like a real mess and you could create a real stink. Just considerer if the stink is worth it. For the money yes, principle, no doubt .... but is any other school going to hire you post stink? Safety concerns? The agency market is grey. My advice is tread lightly.
     
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