Jump to content
BANGKOK 23 May 2019 18:56
Sign in to follow this  
wangsuda

Thai Labor Law And Severance Pay

Recommended Posts

Dismissals happen most everywhere. Sometimes the dismissal is not warranted or not fair. Sometimes an employee has not been informed of his flaws or hasn't been informed in a proper manner. That is the reason that labor laws exist and there are courts set up specifically to handle these situations.

Share this post


Link to post
Share on other sites
Aussieboi: Hi, I'm wondering if anyone can give me the actual address of the Thai Labor Office in Bkk. that handles these cases, thanks in advance.

I don't know, but there are threads with addresses and phone numbers to gov't offices. Anyone know of one, just off hand?

Yes thanks for that Scott, I'm searching thru but am a bit confused as to the correct one to go to...

I'll have a fresh look again tomorrow.

Having looked more thru this site, and googled the Labor Office info, I have found this address,

Ministry of Labour Thanon Mitmaitri , Dindaeng , Bangkok 10400, and am wondering if anyone has had any experience with this office, or if I am even correctly on track (knowing that there will be various sections that deal with various issues) ??

Edited by aussieboi

Share this post


Link to post
Share on other sites
Aussieboi, it seems we don't have too many people who can help you--including me. I did find this site on the forum:

http://www.thaivisa.com/forum/List-Royal-T...it-t134215.html

I didn't check through it, but it might help you.

Thanks for the info, Scott, looked thru it, & the small English section mostly confirmed that the address I printed above, at Dindaeng, is correct, went there with a Thai friend on Tuesday, it's about a 75 baht ride by taxi from Victory Monument, went thru a couple of shortcuts past other government offices, and arrived after about a 10 minute trip, went up to the 12th floor of the Ministry of Labour & Social Welfare where I lodged my paperwork. Most staff only speak Thai, luckily a guy who handles these cases, & speaks good English, was on his way out just after I arrived, he asked for my details, & said he would contact me within several days. He also mentioned that there were quite a few cases that were keeping him busy right now !!

I think I'm on the right track.

Share this post


Link to post
Share on other sites

I haven't read through the whole thread but believe that this could be a new scenario.

I have been working at the same Government school for 3 years. Just now coming up to the 4th contract renewal. Each year the contracts have become more and more difficult to get done.

Basically the Assistant Director doing the contracts runs the school budget too.

1st year was a 12 months contract. 2nd year was 12 months,for visa purposes only, with 11 months pay. Last year was 10 and a half months pay. All previous contracts have been renewed as of 1st April as the old ones ran out on 31st March.

Hope you are with me so far!!!!

This year she has decided that the new contract cannot be signed until 1st May.

This must mean that she is effectively sacking me for a month and then reemploying me.

So.......................... you all know the next question.

Can I plead ignorance until the 31st March and then ask for severence?(I have already decided that I am moving on by the way).

Your thought would be appreciated.

Thanks

Share this post


Link to post
Share on other sites

Not a particularly wise decision on the part of the school. What happens with your visa and work permit? This may not be a big issue, but unless I had a letter or something from the school that states that they intend to renew your contract, I would be suspicious.

Do they take out probation money? You might be able to get it back, if so.

Keep us posted.

Share this post


Link to post
Share on other sites

I am married with a child here in Thailand so I can ask for a 60 day extention on my visa. I would cancel/allow my work permit to expire.

I have been a little suspicious of this school for a while and have already explored other options. The 60 days should be enough time to get something else.

I have no doubt that the school will give a new contract in May, if I want it.

Scott? You said "Not a wise decision by the school". Does this mean that you think they are shooting themselves in the foot on this one?

The only money that will be owed to me by the school will be 31st March salary. Would be nice to have a few months severence in there as well.???

Share this post


Link to post
Share on other sites

Anyone have experience with the Teachers Council and/or the qualification aspect of renewals entering into a decision not to renew and thus, the question of severance being due? As an example, you work in a Government primary school for three years, then are told your contract won't be renewed because of new requirements i.e. you need an Education degree and a TL. A new set of requirements which you don't meet. You have three years with the employer and no other cause for non-renewal.

Share this post


Link to post
Share on other sites

I have it on good authority that Thai Government schools who hire farang teachers don't have to pay severance. They are and/or the status of the worker makes them exempt. Anyone who has received severance from a Government school please post. We are referring to non renewal of contracts etc.. We aren't referring to meeting the terms of a contract or a goodwill payment of a month or three. I didn't re-read this thread. Just getting to the bottom line. Anyone?

Edited by BruceMangosteen

Share this post


Link to post
Share on other sites

I'm on extension of staybased on marriage and working.

2 weeks ago my company extended my expiring 1 yr workpermit by 3 months. Now I worked 1 year and 2 weeks.

My contract is open ended with 6 months probation,which I have passed last year in June. After 1 year of employement I'm entitled for 3 weeksvacation based on my contract.There is also a 1 week notice requirement in case of resigning or termination in the contract for both parties.

If my company terminate my employment now, based on Thai labor law,what I'm entitled for? No issue about gross negligence or warnings.I worked 1week after the last pay.

Am I entitled for 3 months of salary + 1 weekwork + 1 week notice time + 3 weeks vacation salary?

If the company decide to pay all,would they deduct any taxes or social security? Usually the first 200,000 bathincome per tax year in not taxable.

If they give me a letter about thetermination or if they pay me cash and ask me to resign. Whoseresponsibility is to return the work permit to the labour office?

If they offer me less than I'm entitled for,what is my recourse - go to Labor Ministry and file complaint. How long is thatprocess? Should I hire a lawyer?

Sorry for the many questions but I have to be prepared and know my entitlement because my company do try to stiff employees, if they can.

Thanks for all advice.<br style="mso-special-character:line-break"><br style="mso-special-character:line-break">

Share this post


Link to post
Share on other sites

In your post, you refer to a 'company'. Is the company a school? If it's a school, it makes a difference whether it is a government school or a private school. Private schools have some exceptions to the Thai Labor Law with regard to severance pay.

Share this post


Link to post
Share on other sites

My company is a privately owned, for profit business. They are not in the education industry. I work as sales manager and my division exceeded all targets for 2010.

Edited by sinnus99

Share this post


Link to post
Share on other sites

Your probably technically in the wrong forum, but I hope the information here is helpful. There are a number of threads with contradictory information and I found one link to a portion of the Thai Labor Law:

http://www.worldwideconsulting.com/thailand.htm

At one point someone had posted a PDF file with a more comprehensive version of the law, but hope the link is helpful. Can use the search function to look at various threads about severance.

Perhaps someone remembers the thread with the labor law?

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Recently Browsing   0 members

    No registered users viewing this page.

×
×
  • Create New...