Labor Court Representation

A workplace is anything but democratic and yes, employees have considerable rights in any workplace.  These rights are not constitutional, but rather, legislative rights.  However, democracy here doesn’t mean hurting a co-worker or crashing a computer or any corporate belongings. Bear in mind, that employers have also all the right to terminate or worse, sue employees who may attempt on showing misleading behavior that may affect the company’s reputation and integrity.

What are the employees’ rights?  Take note that every employee has the right for a fair pay, which means they should not be paid below the minimum wage.  Second, they are to render a maximum of 8 hours a day.  Beyond that is considered to be overtime and be given an overtime pay.  An employee has also the right to privacy while at work and nobody has the right to invade it.Private religious and political beliefs should not be questioned and criticized as well.  Discrimination at work due to race, national origin, gender, age, disability or other personal characteristics are highly discouraged.

But then, reality shows that oftentimes these rights are tempered. So what happens when one of these rights has been abused?  Are you just going to sit back and keep quiet?  No!  Stand for fairness and equity… stand for your rights!  This is not the question of who is the boss but a matter of standing for what you know is right.

In Thailand however, the employees and employers are both protected by Labor Protection Act of 1998.  This contains all the rules that pertain to an employment contract and the proper procedure to be followed in case of wrongful dismissal.

In cases wherein these rights are abused and violated, employees have the right for representation which includes having an attorney present when being asked or interrogated.  It is just the smartest thing to do in situations where an employer is doing the so-called “unfair” practices.  A lawyer is the best person who can defend an employee against any wrongful discharge of an employer.  Always keep in mind that the law does not only apply to employers who have power and money.  It applies to everybody including all ordinary employees and workers.

Therefore, it is logical and sensible that every employee should know their rights so they also know when to call a labor representative who will constitute a legal opinion and solution with regards to employment matters.  It is also reasonable to consult with the labor law practitioner and obtain full and proper legal advice and opinion before taking any action against their employers so any adverse consequences will be avoided.