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kennkate

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#4982333 Naked Bar Worker Causes A Stir In Central Pattaya

Posted chiang mai on 2012-01-16 08:04:06

“ I’ll show my skills, I studied at Ramkhamhaeng University”, and then she took off all her clothes! Posted Image


#5326414 Thai Wife Underpaid In Uk

Posted theblether on 2012-05-24 03:20:27

The issues on this thread are all over the place. Let's stick to the OP.

The OP has stated that his legally landed wife is working 60 hours per week at a rate of £3.00 per hour. His wife is entitled to work in the UK and she is entitled to protection from abuse.

I've been spending some time researching this answer today and I should point out that I am a UK employer, and I have spoken to my sister who is a Director of Human Resources for the NHS, as well as other family members including a Company Secretary of 26 years standing, an industrial accountant, and a Company Director of 27 years standing who has recently retired and taken to helping out at the Citizens Advice Bureau. The Company Director referred me to the Citizens Advice Guide as it is user friendly, here it is

http://www.advicegui..._employment.htm

I'm only concerned with the OP, I have lifted the relevant passages from the guide, they are all in bold.The first part we need to be concerned with is whether or not the lady is an employee or not, here is the source of the problem.....

Are you an employee or self employed.......
It is very important to find out what your employment status is. Many employment rights, such as the right not to be unfairly dismissed, and the right to redundancy pay, rely on you being an employee........
It is common for an employer to call someone self-employed, or a ‘casual worker’ or a ‘trainee’, when that person is really an employee. Employers do this in order to avoid having to pay tax and national insurance for their employees and to try to avoid them having employment rights.


Now here is the definition of an employee, it may shock some of you.....

How to tell if someone is an employee or not
The following factors will all help you decide whether you are an employee or self-employed when you want to find out what your employment rights are:-
does your employer tell you what work to do and how to do it (even if you are left alone to actually carry out the work). Does your employer provide you with work, or do you have to go out and find your own work to do. If your employer controls the work to be done and provides the work, you will be an employee
how you are paid. If you are paid a regular amount of pay at regular intervals, rather than being paid per job done, this indicates you are an employee


The reason why this definition is so important is that it prevents malicious abuse of employees by rogue employers. The OP's wife is absolutely, and have no doubt about it, an employee. The HMRC would not accept any notion that she was self employed and working permanently in the restaurant.

Okay, here is the next shock for many of you......A contract of employment can be written, or it can be verbal.

As soon as an employer offers a verbal statement of employment it becomes a contract of employment. How many employers out there know that? The OP's wife has been verbally offered a position, told her duties, and has been told the hours she has to work.....here is the relevant passage.

What is a contract of employment?

There is always a contract between an employee and employer. You may not have anything in writing, but a contract will still exist. This is because your agreement to work for your employer and your employer’s agreement to pay you for your work forms a contract.

Here is the next important part......

Your employer does have to give you a written statement within two months of you starting work. The statement must contain certain terms and conditions.

A contract gives both you and your employer certain rights and obligations. The most common example is that you have a right to be paid for the work you do. Your employer has a right to give reasonable instructions to you and for you to work at your job. These rights and obligations are called contractual terms.

The rights that you have under your contract of employment are in addition to the rights you have under law, such as, for example, the right to a national minimum wage and the right to paid holidays.

We can deduce that the OP's wife does not have a written Contract of Employment, that is illegal. In effect the law allows for a period when you are on a verbal trial in this regard of two months, however after that you must receive a written contract.

Here are the Basic Employee Rights in the UK.....

http://www.advicegui...hts_at_work.htm

I'm not going through all of them, I'll be hear all night, however the employee is entitled to things such as paid annual leave, statutory sick pay etc etc An employee working 40 hours per week is entitled to 28 days paid holiday per year, not the mere 10 days ( or is it 14, OP please clarify ), that the wife is getting at the moment. Many people make the mistake of including normal days off into their so called 2 week break, that is incorrect.

Here is the next problem.....the Working Time Directive.....

It is illegal to compel someone to work more than 48 hours per week without their express written consent.

http://www.direct.go...off/dg_10029426

There is plenty to the Working Time Regulations, and it goes beyond how many hours per week.....check this link

http://www.freelance...-bank-holidays/

Right, I could go on and on about this subject, I think I have proven that under the law the OP's is an employee....let's look at the payment issues.

The current minimum wage for someone in the UK over 21 is £6.08 per hour,

http://www.hmrc.gov....-to-day/nmw.htm

the actual cost to the employer is 12% on top of that, this additional payment is called the Employers National Insurance Contribution. On the minimum wage of 60 hours x £6.08 = £364.80. The ENIC additional content is £30.47 per week, which calculates out to £1584.46 per annum.

That is £1584.46 stolen from the UK taxpayer.

The OP's wife going through at the minimum wage on a 60 hour week would be producing this level of income and taxation.
Gross Pay £18,969.60 £1,580.80 £364.80
Tax free Allowances £8,105.00 £675.42 £155.87
Total taxable £10,864.60 £905.38 £208.93
xTax due £2,172.92 £181.08 £41.79
National Insurance£1,365.31 £113.78 £26.26
Total Deductions£3,538.23 £294.85 £68.04
Net Wage £15,431.37 £1,285.95 £296.76
Employers NI £1,584.46 £132.04 £30.47  

If you add on the Income Tax that the wife should be paying, and the NIC that she should be paying on just the basic wage that totals £3538.23, now adding the ENIC the total theft from the system is £5167.69.

OP, your wife is complicit in stealing £5167.69 per annum from the UK government. She is complicit because she is allowing it. You are complicit too because you are allowing it. How much more rightful tax due is this employer denying the Exchequer?

have a look at this.......

http://www.direct.go...MRC/DG_10010579

Now have a look at this.....

http://www.justanswe...tributions.html

No pay slips, no record of payments etc is a recipe for disaster, a serious recipe for disaster. The OP is taking the risk of the restaurant being raided and his wife being caught up in a tax investigation. Surely it occurred to the OP that "foreign" owned restaurants are known for employing people illegally and are often randomly raided?....please note the first one was a Thai food outlet......

http://www.ukba.home...illegal-workers

http://www.ukba.home...worker-grantham

http://www.ukba.home...illegal-workers

Did the OP seriously go to the trouble of getting his wife a settlement visa to then get her caught up in these types of raids? Where they go the other agencies follow.

Here's the nub of the matter, if the OP's wife went to the tax authorities she would be regarded as a victim. The HMRC would take action against the employer and move to recover the money lost by this fraud.

If the OP's wife is caught on the premises then the burden of proof falls on her. I can easily calculate the actual tax due just now if the OP would tell me the start date. It is very much a case of who get's the story in first, if it becomes a problem. Proactive is far better.  

In that case you will find yourself in an Alice in Wonderland Magic Roundabout scenario, I have been in several "disputes" with the Revenue over the years and I know what I'm doing, I helped a friend win a Tribunal last month where one of the issues was the lack of a written Contract Of Employment.

Trust me OP, you don't want to get involved in that situation. It is brain damage, and I mean brain damage.

So in summary, your wife is illegally employed, is complicit in tax fraud, and is breaking employment regulations left right and centre, and to make it worse, it's not her fault, it's your fault.

It's your fault because you have failed in your duty of care to your wife, it was you that relocated her to the UK, and it is you that is allowing this to continue. This is the harsh reality of the matter, I'm sorry if it irritates you however I'm doing you a favour. Show your wife this reply.

To all those that are taking a live and let live attitude, an attitude that it is a good way for the wife to integrate into UK society, in this case you are wrong.

The UK tax authorities are currently merciless, they have never been so motivated to extract every coin that they can. They are using various relatively new measures to gain as much revenue as possible, and they are taking people to court at every opportunity.

You may have been in business in the UK in the past, but you have never seen such a concerted effort by the tax authorities and trust me, the Immigration authorities as you are seeing now. Under no circumstances would I expose my Thai partner to the threat of this level of scrutiny, and believe me, I know what I'm doing.

OP, tell your wife to hand her notice in, she will get a job in a heart beat, even in places like Dominos Pizza and MacDonalds. OP, take control of the situation before you regret it.......and if she objects just point out this is British culture, I've always wanted to say that to a Thai. Posted Image


#5239990 Why Did You Decide To Leave Thailand?

Posted maxme on 2012-04-22 11:10:27

View PostJAFO, on 2012-04-22 09:18:09, said:

I have found over my years here that no one comes here for the same reasons. Sure there are commonalities but all have different reasons. I have also that found that UK folks vehemently defend their move to Thailand far more then US folks. As I continue to read it appears(Based on posts I have absolutely no hands on experience living in the UK) living in the UK is pretty bad. I am a US citizen(California) and am moving back to the US in a few weeks. I have been here 5+ years and have seen enough to know that while there are many things I like here what you give up  is far to great.

During my stay here I have come to find that it is hard to find quality people to build friendships with. IMHO there are far more "runaways" here due to a bad life back in their home countries and this behavior is carried with them. Its also interesting in the fact something had been gnawing at me and I was really unable to put my finger on it until I went to get my Visa to leave. The entire 90 day check in thing is actually somewhat humiliating as it feels like you are checking with your Thai parole officer and if you miss you are in violation and stand to be fined or deported. 5+ years back when I arrived this was not a big deal but as time has gone on its really an annoyance and one you cannot insulate yourself from. Again comparing my life in US to here, there are some hard negatives living in Thailand that as a friend stated "Just cannot be balanced out". I am not going to list them as most certainly someone will cut and paste and take out of context.

I will say In the beginning I enjoyed what I perceived as "More freedom" here and less bureaucracy but as time goes on that plays against you. I believe most people have basic expectations on how things should be and you quickly find that those perceived freedoms also allow bad behaviors where a great number of folks can act like morons(Thais included) and there is virtually no enforcement or path for one to take to stop it. There is a lot of interference from the government to order things you need or want to buy or working the type of jobs you may want to. There is a ton of discrimination here Thais to Thais in the work place. Just read an ad on the internet and in the paper.  As an expat(who does not want to marry and have everything in his Thai wifes name)you cannot establish a loan for a home. Sure developers will float you a 5 year note but you will be done.  But in general you are forced to pay everything in cash which all seems great until you find that you cannot leverage your equity or assets to get cash should something arise where that is required. Good luck trying to sell your place should something require you to exit Thailand. Some houses never sell. Loans for used homes are very hard to secure. You are also not free of cheaply made houses and the neighbor who decided to open up a noodle or karaoke restaurant next door to your house. You also cannot own the land you have your house built on. While the US has its faults for sure at least it has an infrastructure and some discipline and your neighborhoods are zoned to control inconsiderate people and you have a system to take action should that happen. Here its who ever gives the police more money prevails.

One thing very clear to me is it is cheap to live poor and expensive as hell to live a normal middle class like most grownups want to do. Moving here on a fixed income is something I would never recommend unless you left your money in your bank and a path back to your home country. Things are far to unstable here to call it "Home". There are far to many variables that can take you from comfortable to broke in no time and if you are past your employment years you have no means to supplement your income.

As for why I am moving back, the major reason is I can buy a nicer house on some land(in my name), own a better car(for less money), Work in any field I want, buy better quality clothes for the same price and have a better living lifestyle then I do here for about the same overall cost and with less friction and I do not feel limited. It is simple as that. I am not saying Thailand is bad and a horrible place, it may work for some. I am moving for me and where I am at California is simply better. I mean its why we moved around right? I saw opportunities but after I landed and lived it and I dove into Thailand and as I peeled the onion back it gets a bit hard to manage basic daily life. I did not come here to live on a 100 baht a day like a peasant. While some find it fun, it wears thin very very fast. I moved here as I saw what appeared to be a better place and I wanted to come see. For me its not. No harm no foul. Thailand is a great vacation destination

Well written and from a living aspect, understandable but as some have said before living here isn't for everyone.

Having no local assets and by that I mean close friends or even a gf/wife etc, there is a risk for becoming a non-entity here. The way to survive and getting higher up the ladder is to have knowledge in Thai culture and at least some decent understanding of the Thai language.

It is possible to manage without these but if you do have them, it makes both the transition and the living easier


#5196439 Consular Assistance For UK Nationals In Thailand

Posted pogal on 2012-04-06 17:32:57

If these are the rules of the Embassy then ok but... there are a lot of people who fall through these gaps. I work in the rescue field and most recently I have noticed an incidence of farang that are homeless! They literally have no money and no place to stay. There are 2 that come to mind in the Sukumvhit area. One goes by the name of David, he is about 55+ years old. He seems confused and unsure of his past. I originally took him to hospital after a slight motorcycle accident with minor scrapes and bumps, he had no ID or money, and was living off the street. His story changed each time I asked him and so I gathered at that point he was either lying or had some psychological problems, I didn't really pay much attention the first time as I assumed the hospital and Embassy would clear things up. I was wrong.
A week later I was called to another job in Param 4 where I found David again, someone had thought he had an accident but actually he was just sleeping on the pavement. I asked him what had happened in the hospital and he said he had just left after treatment. So I gathered that the neither the police or hospital had contacted the UK Embassy. I'm not quite sure if they have to or not?
After a lengthy conversation I realized that David was in fact confused about his whole life and needed help. I took him to the Tong Lor Police station and told them he had no ID and was living in a distressed state and needed consular assistance. After a lot of pushing I managed to get them to put me through to the after hours people in London who basically said if he is not in hospital or prison they are not interested. I then told the police that they should arrest David for not having ID, they were not interested. I had an accident to go to and when I returned later David was gone.
A few days later in Tong Lor soi 9 I again met David sleeping outside a plush Condo. The security wanted him removed. The police would not come. I once again took David to the police station and asked them to sign papers to commit him to a Psychiatric hospital for physical and mental treatment and hopefully this would lead to forced repatriation to the UK by the UK government.
The police finally agreed to sign the papers and a special ambulance was called. I once again was sent to attend another job. I myself contact the UK Embassy in BKK this time to alert them about David, the lady there was quite helpful but we discovered the next day that David was never sent to that hospital and was released back into the streets.
I have no idea were he is now and believe his life is in great danger. I don't give him long to be living like he is.
The problem is the Thai authorities are not doing their job properly either because they can't be bothered or they don't know what to do.

I believe there is a need for a foreigners agency to help foreigners of all countries who need unusual assistance like this. I am already stepping outside my jurisdiction. This needs to be handled by trained people with lots of contacts, money and authority.
I think if a group of governments joined together they could do this efficiently and economically, possibly with the assistance of sponsors etc.... just an idea. I feel a bit helpless and honestly don't have the time and resources to do this. I work full time and do ambulance voluntarily after work and weekends.

As for deaths in BKK, I try to attend these when I can to assist family or friend of the deceased in translation or protocol. I find a lot have died from drug/alcohol problems (normally put down as heart failure), often with large amounts of Viagra stashed in their rooms. Autopsies are done on some but many others don't. The autopsies themselves are simple and generally do not include testing for drugs etc. Basically opened up and looking for trauma wounds etc. I think the cause of deaths for many foreigners(and locals) would never be truly known. Its too expensive and most people are lacking in expertise (and effort).
Cause of deaths are often given by untrained police (and sometimes rescue workers) at the scene.
Statistics are not really a true indication of what has actually happened. I believe many murders in Thailand are never even discovered.

JFYI if you do have an accident and no insurance I recommend you go to Chulalongkorn hospital for urgent medical assistance. They will treat you even if you dont have money but may try and get it from you later. They are going to kill me for recommending this:/

As for insurances for long term people I highly recommend BAKAN SANG-KHOM, a government insurance. Cheap and unlimited cover. Only problem is that I think you need to be working? But do check it out. They also cover you for pre-existing conditions! Amazing! I have used it for 12 years and think it is great!


#5103932 Bbc Masterchef, In Chiang Mai

Posted theblether on 2012-03-03 01:21:41

This is a very good episode of the BBC Masterchef cookery programme. It takes place in Ching Mai and gives you a good view of the cuisine and area.

Available on BBC iplayer

Have a look here

http://www.bbc.co.uk...s_8_Episode_11/


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