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Redundancy / Work Contract


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I am being made redundant after working with a company for the past 10 years. Each year I would get a new 1 year contract which specifically stated a start/end date.

When the redundancy is announced, and there is time still left on my contract, would the company be liable for paying me that remaining time in addition to my severance?

What if my position was being made redundant, but my work functions would still continue within the company under a different title, or under the same title but done by a Thai. Could this be interpreted as a unfair dismissal?

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In your contract there should be a clause that is about termination of the contract and that probably state that you and/or the company can terminate the contract with 30 day notice (I have seen contracts with everything from 1 to 90 days termination periods) and the reasons for termination of the contract. I have seen more than one time that the company just let the worker stay until the end of the contract and don't renew it unless there is a long time left on the contract or the person has done something wrong.

 

If the company continue with the same staff and not hire anyone else to do the job you did then it's basically impossible to prove unfair dismissal and again, sins you are on a one year contract they basically just have to tell you that you will not get a new contract, pay you to the end of the contract and there is nothing that you can do about it!

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Your best bet is to talk to the the labour department and you'll get 100%  straight answers.

Re' the new contract every year that was tried on by my wife's company and the labour dept' based their decision on her tax records over 7 years and she got full severance pay awarded. The work had been full time over 7 years but 3 different contracts and the company only wanted to pay on the last one lasting two years.

Labour court here is very good.

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I already know the company will pay the severance owed, but if they pay for the remaining time on the contract instead it would be a considerable higher amount.

As for the elimination of my position, if others are still working in the same capacity, I assume this could be looked at as an unfair dismissal; especially if I'm being let go because of 'redundancy'.



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2 minutes ago, Oohwan said:

As for the elimination of my position, if others are still working in the same capacity, I assume this could be looked at as an unfair dismissal; especially if I'm being let go because of 'redundancy'

What if you are being made redundant because the company is downsizing or changing its direction. That wouldn't mean all of those similar positions are no longer required, just some of them. It's only "not redundancy" if your position remains and is subsequently filled by someone else.

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@SLB

 

I wanted to elaborate a bit more on my last post.

 

You wrote "That wouldn't mean all of those similar positions are no longer required."

I have to disagree especially if their work is exactly the same as mine. There is no such thing as "similar positions" so why do I have to go and the others can stay?

 

Could it be maybe it’s because I am a Foreigner and get paid too much?

 

I see this as unfair termination, not becoming redundant.

 

 

 

 

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As long as the employer is offering the legally mandated notice and severance, they don't really have to justify your termination any further. Whether and how many other people continue to do the same job in the company is irrelevant. 

 

This is different for dismissal for cause (i.e. poor performance, a breach of company rules or laws etc.), where they could potentially avoid paying notice and severance.

 

If your contract has a specific beginning start and end date, with no other provisions for early termination, they would normally have to pay out the remainder of the contract, plus severance based on your total, uninterrupted years of service. 

 

As said earlier, the department of labor is usually very employee-friendly and will give you fair and straight answers on your specific situation. They will also initiate action against your employer, if they perceive a breach of labor rules/ laws.

 

 

 

 

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