Thai employment bonds

[Robinhood]

My friend, a Thai national who works for a car dealer told me she wants to move jobs.

Apparently the dealership owner doesn't want to lose her and is refusing to return a 10,000 baht bond payed at the beginning of the employment 2 years ago.

Sounds a bit unfair at face value, anyone heard of similar practices? or any Thai authority who might be able to help.

[Mod edit: title changed to reflect content]

[Dannie Boy]

My friend, a Thai national who works for a car dealer told me she wants to move jobs.

Apparently the dealership owner doesn't want to lose her and is refusing to return a 10,000 baht bond payed at the beginning of the employment 2 years ago.

Sounds a bit unfair at face value, anyone heard of similar practices? or any Thai authority who might be able to help.

Well it does sound unfair, however it depends on what was written into the bond that will determine whether or not it’s enforceable (I know that here in Thailand what’s written isn’t always the case). However, as an example, an employer may provide training to its new employees and have a clause that says something on the lines of “if you leave within X months/years, the bond is non-refundable”

[lomuamart]

Really? Sounds like slavery to me.

Complain to The Human Rights Commission and totally bypass this backward country. Maybe the HRC might be interested to hear about this in the light of the abuses that go on in the Thai fishing industry? I'd like to see the submission. Nothing ventured, nothing gained.

If an employer hires someone then that's their decision and they should train their staff up to hopefully benefit the business overall, over time. Some will stay, some will go taking that training investment with them. If you don't have committed staff then you've got no-one.

Tough for the company but the idea of indentured slavery is anathema to me.

[Dannie Boy]

Like in all wakes of life, there are good and bad and the same applies to employers and employees.

I can only talk in general terms or specific cases in which I have been involved or know about. In my experience, it is often the “good” employers who introduce bonds into their HR policies, as a result of “bad” employees who have abused the companies generosity.

Take the “good” employer who provides specialist (not general) training to some of its key employees. It may take months, even years to train the employees up to the standard required and in the process cost tens of §1000’s. Not withstanding being a “good” employer, there is always the temptation for the “bad” employee to say “thanks very much, you spent years and thousands training me but I’m off to join another company”. In all forms of life, most people want to see a return on their investments. - even if it’s a miserly 1% interest on your savings.

It’s the same with employees, if you invest large sums of money, you (and possibly your shareholders) understandably want a return on the investment and hence the introduction of bonds (some might say handcuffs) to discourage employees from leaving before a reasonable period has elapsed.

I’m not advocating it is right in all instances, but in some cases it is right and proper.

[hhinner]

Labour department may help. Then the labour court. The labour department has a desk in the one stop shop on 3rd floor in MV, if it's still there.

[Nereus]

My friend, a Thai national who works for a car dealer told me she wants to move jobs.
Apparently the dealership owner doesn't want to lose her and is refusing to return a 10,000 baht bond payed at the beginning of the employment 2 years ago.
Sounds a bit unfair at face value, anyone heard of similar practices? or any Thai authority who might be able to help.
[Mod edit: title changed to reflect content]

How can anybody give a genuine opinion without knowing all the facts? There are many reasons why somebody may enter into some form of employment bond. The education system for one is built around employment bonds. Want to be a pilot: the biggest percentage, if not all, airline training schools all require some form of bond. There are many more that have good reason to do this.

The "slave" part comes into it when a person is being exploited by another just because they can, either through ignorance or desperation on the part of the person being exploited. For many years in the entertainment / bar industry girls wanting to leave were being forced into paying a "fee". Especially so if there was a Farang on the scene!
The fishing industry is also a prime example of this practice.

If there is a legal contract between both parties then it is simply a commercial contract the same as any other. Not sure just what type of training a car dealership could provide, perhaps accounting qualifications?

if she is genuinely being threatened there are legal means to stop it.

[Robinhood]

Thanks for replies and balanced responses.I will see if the Labour Department is still in MV.

RH

[hhinner]

Sorry, Labour Department is on 2nd floor MV. Apologies.

[handdrummer]

Sorry, Labour Department is on 2nd floor MV. Apologies.

It's still there and they are very helpful.