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John@KSR

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Posts posted by John@KSR

  1. Dear all

    I have a small business and would like to do an English language course on Thai tax. In addition, I would like to receive some training on internal accounting practices to manage my company. I really am not organized internally and need some guidance. Does anyone know where I might receive such training, either both together (tax and internal practice together) or separately?

    John

  2. Hi

    Strange request, but I really need the help... I am looking for a toddler's playpen. Anyone know where to buy one at a reasonable price? Mothercare units are extortion for what they are so perhaps looking for something made locally... Thanks in advance for any assistance you can provide...

    John@KSR

  3. Hi

    I have previously been told this by a lawyer, but I didn't pay for the advice, so...

    Locals employed into full-time employment have a start date, but no end date to their employment. Schools that offer contracts offer them with fixed terms, always providing end dates. As such those who sign a contract are not regarded as proper full-time employees - they are contracted for the period stated. Thus, when a contract runs out, that's it.

    However, there can be no assumption that any contract 'rolls over'. Unless a new contract is signed, with a fixed term, an employee is regarded as being full-time under Thai law, and all conditions of full-time employment apply. So, if you sign a contract for a year, but work longer than this, you are legally considered a full-time employee and the terms of the original contract no longer apply.

    Schools that regularly administer new contracts (providing a new one as soon as an old one expires) are therefore carefully (and legally) avoiding the potential for having to pay any form of severance / redundancy pay to full-time employees.

    Don't know if that's right, but...

    J

    Here's the scenario: a person has worked for a private school continuously for five years. Each year, this person completes a contract and then renews the contract. This person has had a work permit and non-B visa during the entire time of employment. This person has paid taxes and filed tax returns. It has now come to the time for this person to move on. The big question is, does this person qualify for severance pay? According to Thai labor law
    An employer shall pay severance pay to an employee whose employment is terminated, as follow:

    1.An employee who has worked for at least 120 consecutive days, but for less than one year shall be paid basic pay for 30 days at the most recent rate of basic pay received by him

    2.An employee who has worked continuously for at least one year but less than three years shall be paid basic pay for 90 days at the most recent rate of basic pay received by him.

    3.An employee who has worked consecutively for three years but less than six years shall be paid basic pay for 180 days at the most recent rate of his basic pay.

    4.An employee who has worked consecutively for at least six years but less than 10 years shall be paid basic pay for not less than 240 days at the most recent rate of his basic pay.

    5.An employee who has worked for more than 10 years consecutively shall be paid basic pay for not less than 300 days at the most recent rate of his basic pay.

    This person thinks that s/he is entitled to 180 days of severance pay as per Thai labor law. However, upon further reading, this person also finds:

    An employer is not required to pay severance pay to an employee whose employment has been terminated for any of the following reasons:

    1.Resignation

    2.Dishonest performance of his duties or the intentional commission of a criminal act against the employer;

    3.Intentionally causing loss to the employer;

    4.Performance of gross negligence which result in severe loss to the employer;

    5.Violation of the employer's work rules or regulations or order which are both lawful and equitable when the employer has already issued the employee with a prior written warning, except in a serious instance when the employer is not required to give a warning.

    The written warning shall be effective for a period of one year as from the date of the commission of the violation by the employee;

    6.Neglect of his duties for a period of three consecutive work days without reasonable cause, whether or not a holiday intervenes;

    7.Imprisonment by reason of a final judgment.

    8.An employment contract shall be terminated when the specified period in the employment contract expires, the works related are as follows:

    8.1 Employment on a special project, which is not in the normal way of business or trade of the employer, where there is a fixed schedule for commencement and completion of work.

    8.2 Work of a temporary nature with a fixed schedule for its commencement or completion.

    8.3 Seasonal work in respect of which employees are only engaged during that season; provided that the work most be completed within a period of two years and the employer and employee have entered into a written agreement at or prior to the commencement of employment.

    Now this is a new wrinkle; does finishing a contract and not signing a new one constitute “resignation,” and therefore no severance pay? Is teaching at a private school considered “temporary,” “seasonal,” or a “special project?” What is this person to do? Should s/he ask about the amount of severance with their current employer? How should this matter be brought up? And what recourses does this person have if the current school proves to be difficult in realizing that Thai labor law also applies to foreigners? And most important, do foreign, legal, private school teachers even stand a snowball's chance in hel_l of collecting severance pay? Your help in this matter would be appreciated.

    Information about the Thai labor law came from http://www.thailabour.org/law/thai/code.html#no

  4. Dear all

    Does anyone know of a moderately priced services that will allow people to call my office in Thailand free of charge (or for a very nominal fee) and me pick up the tab here?

    I am not overly concerned whether it is a land line service or IP telephony, by Skype isn't cutting it - seems only a meager number of people use this service. It really should be something people can pick up their home phone or mobile and access directly.

    Any thoughts would be very much appreciated...

    John@ksr

  5. That's excellent - thanks... Sorry I didn't see the comment - must have been taken off before I got to it.

    John@KSR

    That’s useful sniffdog!!! Why bother posting a comment like that at all?

    Never mind.

    You can pick up a PDA style phone with touch screen for pretty cheap if you're looking second hand. I prefer something with Windows Mobile on it personally, mostly because I am familiar with the Windows Operating System. You can get a GPRS or EDGE connection from AIS everywhere I think (I can anyway), which seems to suffice for downloading web pages, although you would want to be file sharing with it :o. I hear rumors about HSDPA (which is a recent protocol for high speed data access for mobile devices), but I'm not sure when/if/where that available.

    If you've got a decent budget, get the new Samsung Omnia. It's got everything. It's the works and retails new for about 25K baht I think.

    If you're budget is smaller, there are O2 and HP PDA's out there second hand for cheap. You could try looking on http://mobile.pantipmarket.com/

    Good luck, and try and ignore the sad bitter people in the forum ... if you can :D

  6. Hi

    I really don't know my stuff as far as telephones are concerned, but I have decided I need a phone that gives me access to the Internet so i can collect my Google Apps email and check my Google Calendar. Does anyone have a recommendation on which phone to buy? I really just need it for Google, not really interested in collecting regular emails, so a phone with plenty of screen space would be ideal. I am not interested in model - it doesn't have to be iphone, etc. Just something that will keep me connected to the net while I am on the move. What about service? Which service is best for Internet connection? Sorry - I am a complete novice... any ideas?

    John

  7. Hi

    The lawyer's employed by the company I work for recently arranged to renew my work permit in April, rather than when it expires in May. After asking a lot of questions as to why, they finally gave me some reasons. They are, verbatim, as follows:

    1) Immigration Dept. will move to Laksi (Chaengwattana Rd.) in May and it may cause you a difficulty getting there.

    2) In May, Immigration Dept. will issue more new regulations that will cause more difficulties for a foreigner who extends their visa.

    3) If you extend your visa in March your passport it will be stamped "May 23,2009" as your next year's expiration date.

    I am assuming 1) to be the case, but has anyone any idea what the changes are going to be in May that will “cause more difficulties for a foreigner who extends their visa”? In addition, I have only ever renewed my work permit in the month it expired. If I renew early, will I get the full year as suggested above, or will the full year start from when (the date) I apply for it (which seems more logical).

    John

  8. Hi - I am looking for a football school / clinic I can send my 15-year-old son to in the school holidays (starting around April). Ideally it'd be something happening every day and not just a once a week sort of thing. It can be in Bangkok or outside - happy to send him out of town for this. Does anyone have any ideas where something like this might be happening? If so, please send details. You can contact me on info @ khaosanroad.com if you prefer.

    John@KSR

  9. I am currently working on an Internet website project which needs lots of photos of places / things in Thailand. For a full list of places the website will eventually cover, please click here:

    http://www.khaosanroad.com/destinations.htm

    I would like to hear from any photographers (professional or otherwise, local or foreign) who might be able to assist in providing (digital) photographs of any of these places. Please send details (including terms of usage) here: [email protected]

    Look forward to hearing from you, and thanks in advance…

    Regards

    John@KSR

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