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Boss trying to force through a resignation letter


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Trying to help out an non-Thai, non-English native with a dodgy situation

 

They work for a very small expat owned business.

 

Owner has decided he has to let friend go, due to Covid's impact on money coming into the company.

 

He agreed in principle to let the employment run through until December, when the work permit will expire. Although work will be non existent/part time/extremely casual from now until then.

 

He's recently demanded that friend signs a letter of resignation (weirdly in English, not Thai or his language) dated for the end of this month.

 

No explanation of why he requires this has been forthcoming. I assume he wants to avoid paying severance, and wants paperwork to show friend has decided to leave the company, rather than 'being let go' by boss's hand. Pretty classic nasty business tactic for this nationality.

 

Obviously, friend doesn't want to sign on the simple basis that friend simply hasn't resigned, they've been made redundant.

 

They also need time to get affairs in order or move on to another job. Something the boss agreed to verbally when informing about the end of employment. I presume a signed resignation will be sent to Dep of Labour and result in a cancelled work permit. Not to mention Immigration Dep, as I assume any time spent in Thailand   after the date of resignation is technically overstay.

 

Any advice for this situation?

 

How much trouble can the boss cause? Is it plausible for them to report to immigration that the friend is no longer employed, thus cancelling their visa extension?

 

I should mention the boss is a dumb as a post, in the medieval era they wouldn't let him milk a cow. He also doesn't speak a word of English or Thai, which would make communication with gov departments a challenge.

Edited by mankindmatt5
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20 minutes ago, bwpage3 said:

Non-Thai, non-English speaking friend

He said non-English native.

 

20 minutes ago, bwpage3 said:

If they are non-thai and non-english speaking, how exactly did YOU communicate with said friend?

All three of them could be French, then there shouldn't be a communication problem between them.

 

@OP

Just don't sign the resignation 😉

But even if not signing it, and then getting fired, it sounds like the boss might be reluctant to pay severance.

This would then mean going through labor court, but from what i have read here on Thaivisa, they seem to be very pro-employee.

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7 minutes ago, jackdd said:

He said non-English native.

 

All three of them could be French, then there shouldn't be a communication problem between them.

 

@OP

Just don't sign the resignation 😉

But even if not signing it, and then getting fired, it sounds like the boss might be reluctant to pay severance.

This would then mean going through labor court, but from what i have read here on Thaivisa, they seem to be very pro-employee.

They are pro-employee but you need to be able to speak Thai or take someone along who can. Also, if an employer wants they can drag the case on for several years. Still, I wouldn't sign any resignation letter because you completely lose all your bargaining chips.

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1 minute ago, edwardandtubs said:

They are pro-employee but you need to be able to speak Thai or take someone along who can. Also, if an employer wants they can drag the case on for several years. Still, I wouldn't sign any resignation letter because you completely lose all your bargaining chips.

 

Except that refusing to sign may result in termination tomorrow...  That's the one real bargaining chip he does have.

 

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29 minutes ago, impulse said:

Rock....Hard Place

 

If he signs the resignation letter (I'd date it in December), the boss keeps him on for 3 more months and the boss doesn't have to pay severance because he resigned.

 

If he doesn't sign, the boss has nothing to lose by running him off tomorrow, cancelling his WP and permission to stay and counting on him being unavailable to fight the Labor Department case, because he's had to leave Thailand.  Maybe the boss ends up paying severance, but probably not.  It's a pretty common practice.

 

You also didn't mention the other particulars, like what business, whether there's a snowball's chance in Hell of your friend finding another job in Covid Thailand, how much severance will be due, whether he has reason to stay in Thailand to fight a (probably piddly) severance case, etc.  I'd sure hate to waste a month of my life unemployed in Thailand to fight for a couple of thousand $$$.

It may be time to play nice with the boss, even while being screwed out of a (few?) months' severance and take advantage of the next 3 months to line up something else to do, whether that's in Thailand or somewhere else.  Of course, if the amnesty is extended, that changes the dynamic because there may be some more time to fight the severance case before being forced out of the country.

 

Edit:  And I hate to admit it, but the nationality of the boss is a factor.  Some nationalities will squeeze a nickel until the Indian cries, and know how to work a corrupt flexible system to their advantage.

 

My advice was the same. Agree to the resignation, but post dated to December. The time is probably more valuable than the severance in this case.

 

If they don't agree to a post dated resignation, it's just a concern that the document exists with a confirmed date of resignation, and any havoc the boss could wreak with Labor and Immigration departments with that.

 

Anyway, thanks for the advice

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If it is being requested by the boss and company, could he not just tender resignation post dated and in the letter state according to request of boss name, company that one has been requested to tender resignation as of december 2020 and the resignation date requested is effective dec 2020 and is made without prejudice.

 

Edited by userabcd
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20 hours ago, mankindmatt5 said:

My advice was the same. Agree to the resignation, but post dated to December. The time is probably more valuable than the severance in this case.

I wouldn't ask the boss to post date it either, just do up a copy of the resignation letter with the new date and give that to the boss. Up to the boss to justify any demand to not have it post dated then, which he can't really do without showing his hand.

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20 hours ago, edwardandtubs said:

Also, if an employer wants they can drag the case on for several years.

 

No. The Labour Protection Court are quick to conclude cases. Even if both sides do not agree at all and cannot agree a compromise the entire case will be decided by a Judge in just a few months. Few companies appeal from the Labour Protection Court because the law in this area is quite specific.

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