| When we perceive a significant threat to us, our | | | | EMPLOYEE UNDER THAI LAWS |
| bodies get ready either for a fight to the death | | | | Mike may file a complaint with the Labour |
| or a desperate flight from certain defeat by a | | | | Relations Committee within 60 days from the |
| clearly superior adversary. This is the fight or | | | | time his rights had been violated. Thai laws, as we |
| flight response, certainly understandable and | | | | now know, apply equally to foreigners. The |
| clearly applicable to a situation where an employee | | | | protection granted to Thai workers are given in |
| is about to lose or has actually lost his precious | | | | equal respect to foreigners allowed to work here. |
| job. But whether to fight the termination of your | | | | An award will be issued and an order within a |
| employment or to gracefully accept your fate | | | | further 90 days, unless the Minister has decided |
| largely depends on the attendant circumstances. | | | | to extend the period for decision. |
| Take the case of Mike Doe. Mike is an American | | | | CRIMINAL ACTION |
| who came to Thailand after he was offered a | | | | Mike may also file a criminal complaint against the |
| teaching job by one of the largest placement | | | | employer, but only after the Labour Relations |
| agency in Thailand. Prior to his coming here, he | | | | Committee has passed an arbitration award and |
| was promised reimbursement of all his travel | | | | the employer has failed to comply with the |
| expenses, a decent housing allowance and a livable | | | | Committee's order. |
| take home pay. In the employment contract, | | | | THE LABOR COURTS |
| Mike agreed to be assigned anywhere in Thailand | | | | Only Labor courts has jurisdiction over unfair |
| without regard to the difficulty the relocation | | | | termination cases. This can be the Central Labour |
| entails. But, to his surprise, he was relocated five | | | | Court if the place of work is Bangkok Metropolis |
| times to distant schools over only a period of one | | | | or its surrounding provinces, a regional or provincial |
| month. None of what was promised to him | | | | labour court if one has been established in the |
| before and after he signed the employment | | | | region or province of the place of work, or a |
| contract was ever given to him by the agency. | | | | Court of First Instance if the place of work is not |
| Towards the end of his one-month stint, the | | | | situated within the territorial jurisdiction of any |
| agency started concocting awful stories so they | | | | labour court. |
| could have a valid ground to terminate Mike, the | | | | EXHAUSTION OF ADMINISTRATIVE REMEDIES |
| worst of which was the accusation of child | | | | Administrative remedies provided under the NMI |
| molestation. Naturally, Mike was furious. Not only | | | | and LRA must be exhausted, however, before a |
| did he spend a lot of money for travel and living | | | | lawsuit may be filed with a labour court. |
| expenses, but his besmirched reputation followed | | | | RECOURSE TO LABOR ORGANIZATIONS |
| him everywhere he went. | | | | Existing labor organizations may represent |
| To remedy the situation, the agency offered to | | | | employees in labor disputes filed before the labor |
| pay him 45,000THB and threatened that if he | | | | courts. Only a duly signed power of attorney is |
| would not accept the money, he will be thrown | | | | required. |
| out of Thailand in no time. The amount offered is | | | | REISNTATEMENT, AWARDS AND/OR |
| not even enough to cover the reimbursements | | | | COMPENSATION |
| due him. To make matters worse, he was forced | | | | Reinstatement to resume status quo at the time |
| to sign a waiver to file legal action against the | | | | of dismissal may be ordered by the court upon a |
| agency in the guise of a "voluntary resignation | | | | determination that the employee was indeed |
| letter". Mike was terminated effectively as far as | | | | illegally terminated. If the relationship of the |
| the agency is concerned when he received a text | | | | employee and the employer has been severely |
| message saying, "You're fired, man!" | | | | damaged so that reinstatement is no longer |
| To be sure, many of the foreigner teachers who | | | | possible, the court may simply specify the |
| came to Thailand suffered the same fate. What | | | | amount of damages to be paid to the employee. |
| then is a foreigner worker's recourse in such a | | | | Factors to be considered in determining the |
| situation? Does he have a standing to fight the | | | | amount of damages include the following: age of |
| agency for its illegal doings or should he simply | | | | the employee, the length of service, the hardship |
| take the measly amount, sign the waiver, and | | | | of the employee at the time of dismissal, the |
| board the next plane back to America? | | | | cause of the dismissal and the compensation the |
| REMEDY OF UNLAWFULLY TERMINATED | | | | employee is entitled to receive. |