Employer Not Paying Wages or Overtime: What Can You Do?

Employer Withholding Wages or Not Paying Overtime: What to Do

This article is for employees who are paid late, paid short, or not paid at all, including those who worked overtime or on days off without receiving the compensation the law requires, whether they are still employed or have already left.

Short answer: There are two main routes: file a complaint (form Khor Ror 7) with a labour inspector, or sue in the Labour Court. Both depend heavily on evidence. How far back you can claim depends on the type of each payment. First step: gather complete evidence of your work and of what you were paid.

Where are you now?

1. You still work there, but wages are late or short

In the first 7 days:

• Keep payslips, bank statements and any messages where the employer mentions payment dates
• Note which months are unpaid, how much, and the reason the employer gives
• Demand payment in writing, such as an email or chat message, so there is a record that you asked
• If you are unsure whether to stay, get advice before resigning, because resigning on your own can affect some rights

2. You have left, but wages or other money are still owed

In the first 7 days:

• Collect your contract, past payslips and documents showing your last working day
• Calculate each unpaid item separately, such as wages, overtime, work on days off and unused annual leave pay (if you were entitled)
• Send a written demand to the employer and keep proof that it was sent

3. You worked overtime or on days off, but the employer says your salary already includes it

In the first 7 days:

• Keep evidence of the hours you really worked, such as time records, rosters or after-hours work instructions
• Check what your contract and payslips say about overtime pay
• Note who ordered or knew about the overtime work

4. The employer closed the business or says there is no money

In the first 7 days:

• Check whether the employer is an individual or a legal entity, and what name appears on your contract and payslips
• Keep documents that confirm the employer's status and evidence of whether it is still operating
• Ask a lawyer about enforcement and what assets might be available to pay the debt

What not to do

• Do not sign a document saying you have been paid in full if you have not. Such a document can be used to argue that nothing is owed.
• Do not stop coming to work without notice, as you may be accused of abandoning your duties even though wages are owed. Get advice before deciding to stop work.
• Do not delete evidence or take company documents beyond what is necessary. Keep copies of your own papers, such as payslips, your contract and messages sent to yourself.

Steps under the law

1. First identify what is owed: ordinary wages, overtime, work on days off, or other sums under the contract. The Labour Protection Act requires employers to pay wages at least once a month at the times and places the law sets, and sets compensation for overtime and work on days off separately from ordinary wages, at the rates the law prescribes.
2. Send the employer a written demand stating the items, amounts and periods owed. This is not a legal requirement, but it creates evidence and sometimes leads to settlement.
3. Choose a route. One is a Khor Ror 7 complaint to a labour inspector at the labour welfare and protection office responsible for where the workplace is located. The other is a suit in the Labour Court. The two routes should not be used in parallel for the same matter, so decide before filing.
4. With a Khor Ror 7, the inspector summons the employer, examines the facts and issues an order on whether the employer must pay, within the period the law sets. A party who disagrees with the order, whether employer or employee, must take the case to the Labour Court within the period the law sets, or the order becomes final. Where the employer is the one suing, it must deposit the amount ordered.
5. In the Labour Court, an employee may file in writing or state the claim orally to court staff. The court first sets a mediation session, and if no settlement is reached it hears evidence and gives judgment.
6. If the employer still does not pay after an order or judgment, you must enforce against the employer's assets under the law. A lawyer can help assess whether there are assets to enforce against.
7. On interest and surcharges for late payment, the labour protection law has rules, but rates and conditions depend on the type of money and the circumstances, so a lawyer should check before the claim amount is calculated.

Documents a lawyer needs to see before assessing your case

• Your employment contract, work rules and any document stating your wage rate
• Payslips and bank statements covering the whole period of non-payment
• Time records, rosters or other evidence of overtime and day-off hours
• Messages, emails or chats demanding payment and the employer's replies
• Documents identifying the employer, such as company name, address and authorised signatory
• A summary table of amounts you calculated, split by item and month
• A certificate of employment or other proof of your first and last working days
• Social security records, if deductions were taken but not remitted

Relevant laws

• Labour Protection Act B.E. 2541 (as amended): sets rules on payment of wages, overtime and day-off pay, and employees' other rights
• Labour Protection Act B.E. 2541, the part on labour inspectors: employees may file a complaint, and inspectors have power to examine the facts and issue orders
• Labour Court Establishment and Labour Case Procedure Act B.E. 2522: how labour cases are filed, mediated and heard
• Civil and Commercial Code, hire of services: general contract-of-employment rules
• Civil and Commercial Code on prescription: claims lapse after different periods depending on the type of debt

Frequently asked questions

Should I complain to a labour inspector or sue in the Labour Court?
It depends on the facts and evidence. A Khor Ror 7 complaint is a process in which officials help examine the facts and it often does not need a lawyer. A Labour Court suit suits claims that are complex or heavily disputed. A lawyer can assess this from your documents.

If wages have been unpaid for months, how far back can I claim?
The period depends on the type of each payment. There is no single period for everything. A lawyer must check what kind of debt each item is and from when time runs, so this article gives no figure.

My employer says my salary already includes overtime. Is that allowed?
It depends on the contract and how the work was actually done. The law sets minimums: overtime on a working day at least 1.5× the hourly wage (Section 61), holiday-work pay under Section 62, and holiday overtime at least 3× (Section 63). Some positions under Section 65 are not entitled to Section 61 and 63 overtime. A lawyer checks the role, contract and actual payments against these minimums.

Do I pay court fees to sue in the Labour Court?
Labour cases are exempt from court fees (s.27, Labour Court Act). Other costs such as travel, copying and a lawyer's fee, if you hire one, may still arise.

Are daily-paid workers or contractors protected in the same way?
The labour protection law applies to an "employee" as the law defines it, regardless of what the contract is called. An arrangement in which someone directs the work and pays for it may be employment even if labelled a contract for work. A lawyer must examine the real nature of the work case by case.

Can my employer deduct wages to cover damage?
The law limits wage deductions to specified cases, such as tax, statutory contributions, and other cases with consent under set conditions. If you were deducted without a lawful ground, keep your payslips for a lawyer to review.

How are the lawyer's fees set?
They depend on the scope of work, the complexity of the facts, the number of items claimed and the steps required. The firm agrees scope and fees in writing before starting any work.

Conclusion

If your wages are unpaid or overtime is not paid, you can claim through a labour inspector or the Labour Court, but the result depends on the records you have of your work and payments, and on the type of money claimed. If you have your contract, payslips, bank statements and records of working hours, bringing them to a lawyer will help show which route to choose and what else to prepare.