Absconded Employee

[Cheethirala]

Hi, 

 

I am in a fix as an employee who was on maternity leave has not showed up to work even after 6 months (3 months maternity leave and 3 months unpaid leave (which was not really permitted by the company officially because she never asked as a request)) She says she is still not sure when she can come to work. Since she is an Expat her work permit and visa are a cost to the company. What can we do in this situation? 

[glegolo]

Unless if Thailand is a VERY different country, doesn´t it be a good idea just to kick her to the curve and sack her. She is on leave 3 months that she never asked nor applied for. But this is just me, the law I have no clue.....

 

glegolo

Edited September 23, 2019 by glegolo

[ubonjoe]

I would say the first step would be to write a formal warning or notice about her absence and try to send it to her.

If no reply from her then send a termination letter to her.

[Dnyy]

1 hour ago, Cheethirala said:

Since she is an Expat her work permit and visa are a cost to the company.

So what's the running cost after the WP and extension were issued?

 

Anyways, use your common sense and just fire her. 

Edited September 23, 2019 by Dnyy

[JackThompson]

If you want to do a favor, offer for her to cover any costs for WP/extension.  I can't blame her for wanting to "be a mom," but obviously you cannot be expected to shoulder the financial-burden of her decision.  Hopefully she can get support for a permitted-stay via her husband.

[scorecard]

On 9/28/2019 at 12:34 AM, JackThompson said:

If you want to do a favor, offer for her to cover any costs for WP/extension.  I can't blame her for wanting to "be a mom," but obviously you cannot be expected to shoulder the financial-burden of her decision.  Hopefully she can get support for a permitted-stay via her husband.

Does she have some personal support to help take care of the baby?

[FritsSikkink]

After 3 written warnings (not on the same day), you can sack her without any severance pay.

Sick leave needs a medical note from a doctor after 3 days.

Edited September 29, 2019 by FritsSikkink

[FritsSikkink]

34 minutes ago, scorecard said:

Does she have some personal support to help take care of the baby?

That a nice thought but has nothing to do with the company.

[moe666]

On 9/23/2019 at 11:41 AM, ubonjoe said:

I would say the first step would be to write a formal warning or notice about her absence and try to send it to her.

If no reply from her then send a termination letter to her.

Send the letter if no response declare she abandonded her job as no response nor other information

[scorecard]

15 minutes ago, FritsSikkink said:

That a nice thought but has nothing to do with the company.

Sure, I realize that. Just wondering if that's the reason why she's not coming to work, and maybe there could be serious post-natal depression or severe sickness with the baby.

 

If she was a highly valuable employee difficult to replace then maybe it would be worth looking further at these points.

 

[FritsSikkink]

1 hour ago, scorecard said:

Sure, I realize that. Just wondering if that's the reason why she's not coming to work, and maybe there could be serious post-natal depression or severe sickness with the baby.

 

If she was a highly valuable employee difficult to replace then maybe it would be worth looking further at these points.

 

If she hasn't been there for 6 months, I doubt she is that otherwise the company would have major problems.

[Captain 776]

I would send certified letter.........give her 5 days to return to work or provide a Medical Certificate why she can’t return...........if she doesn’t return but gives medical certificate.........I would give her a 30 day written notice End of Assignment.

 

You haven’t terminated her........but with her gone 6+ months now, the company has realized they no longer need her position, there is no law against End of Assignment.

I worked for the number 1 largest construction company in the world and we frequently used the End of Assignment company policy for situations similar to this.

 

Make sure to include in the End of Assignment letter, her Work Permit Will be cancelled on Day 31.

[Hotrudester]

This lady does not appear to be a role model for employing Expat ladies. She certainly does not have your companies interested in her system. being a long time former employer here I would send her a letter expalining that her extra 3 months leave were not authorised but taken anyway. I would then inform her that you are prepared to hold her job position open until (say) 4th October. Tell her that if she does not give you written notice that she will restart her work on 7th October that her position is terminated. Maybe you should make sure that you get a signature from here that she has received your letter. Send by Courier!!

Her type of behaviour is a stain on all genuine respectful Expats.  

[marcusb]

Thai labour laws state if an employee misses three consecutive days without notice they can be terminated. Surely this would fall into that category.   

 I wanted to be terminated from my last job so that is what I did. Day four my boss sent a letter saying I was dismissed and I thanked her. 

[stephehr]

She is AWOL ascent without leave so bye bye  She has abandoned her job  end of story

[Sydebolle]

Labour protection act, paragraph 118 answers all these questions. If she is on an unauthorized leave (because she never asked) then you can:

• approve the leave and inform her to report back to work on XXX
• inform her to show up latest YYY due to a non-approved leave for which she can also not claim any remuneration

All this in writing; if she then does not react, it takes three working days of absence after XXX or YYY (whichever applies) and you can legally fire her, cancelling the work permit and the visa - provided the latter was granted based on her employ. You can also mention the cancellations in the letter informing her, when to show up at work. 

[shy coconut]

I'm not sure that the word absconded in the title is appropriate, it implies that she's

legged it with a whole load of money!!

 

[sunnyboy2018]

On 9/27/2019 at 6:34 PM, JackThompson said:

If you want to do a favor, offer for her to cover any costs for WP/extension.  I can't blame her for wanting to "be a mom," but obviously you cannot be expected to shoulder the financial-burden of her decision.  Hopefully she can get support for a permitted-stay via her husband.

Kumbyah. 

[Damrongsak]

14 hours ago, Captain 776 said:

I would send certified letter.........give her 5 days to return to work or provide a Medical Certificate why she can’t return...........if she doesn’t return but gives medical certificate.........I would give her a 30 day written notice End of Assignment.

 

You haven’t terminated her........but with her gone 6+ months now, the company has realized they no longer need her position, there is no law against End of Assignment.

I worked for the number 1 largest construction company in the world and we frequently used the End of Assignment company policy for situations similar to this.

 

Make sure to include in the End of Assignment letter, her Work Permit Will be cancelled on Day 31.

"End of Assignment", I like that phrase.  Makes me think of Mafia guys taking an errant collections guy out on a fishing boat and giving him cement shoes as a going-away present.

[jastheace]

usually ubonjoe knows best. I would refer back to that post. then if needed seek advice. local lawyer e.g.

better a penny spent today, than .....

[Don Mega]

Are you still paying her ?