johnjameshogg

I have a question too.

What if a farang was shown the door from his employer but the farang did not have a contract with them ?

Would he be still liable for severance compensation ?

No contract - no job, right? And to confirm that you were actually working w/o contract means you've been working illegally, hence claiming your compensation is aknowledgement of the crime against present labor law.

So to speak, say thank you and hit the door. next time get a written contract.

Hey bendix, what is this riddle :

>>work in management for an international law firm, but I'm not a lawyer.

hm... HR ? PR ? HZ ?

makes me curious

Hi,

I wonder if you could answer a question for me?

I have recently been informed by my employer that my employment has been terminated. Every thing is above board, I was there less than a full year and I have been given one months notice that my employment will end.My friend has informed me that I am entitled to termination pay of one month also on top of my final months salay.

Is this true, is it the law?

thankyou, thankyou, thankyou.

recently i was told that my contract was up and it would not be renewed. i was not required to come to work the following day, that was it. all over red rover. the reason i was given was that the company did not want to pay a foreigner to do the work i was doing.

in the time i had been working there, i had increased rooms revenue by 24% in the first 5 months of this year, had never stuffed anything up in a major way, and had good relationships with all staff there.

anyway, after checking with 2 separate lawyers, i was told that i was owed a minimum of 1 month in lieu of notice, and 1 month severance. i then went to another lawyer in bkk and was told that i was, in fact, owed 1 month in lieu of notice and 3 months severance, as well as service charge for those months (i worked in the hotel industry). (initially i got my dates wrong, thats the reason for the error)

the hotel i was working for are arguing that my contract was for one year (it was not a 'special project' and was part of the every day running of the hotel) and as it was a fixed term, then i am entitled to nothing. it is clearly stated in the contract that if either party chooses to terminate the contract, that 30 days notice would be given. this was never given, so i assumed that the contract would be continued.

anyway, the lawyer has sent some docs to the hotel and i am waiting on their response.

i do not want to screw the hotel and i do not feel bitter towards anyone there. i just want what i am legally entitled to. below is some info i found on thai labour law which is pretty straight forward:

Termination and Severance

An employee normally must be given notice of termination at least one pay period or one month in advance of termination, whichever is shorter. This notice period does not apply to employees being terminated for cause.

"Cause" includes:

1. dishonest performance of duties or an intentional criminal offense against the employer;

2. intentionally causing harm to the employer;

3. violating work rules or orders of the employer for which a written warning has previously been issued to the employee (serious violations might not require a warning);

4. neglecting the employee's duties for three consecutive working days without justifiable cause;

5. gross negligence causing serious harm to the employer;

6. being sentenced to imprisonment.

Except in cases in which the termination is "for cause" as described immediately above, a full-time employee who is terminated by an employer must be paid severance pay as follows:

Period of Employment Amount of Severance Pay

More than 120 days but less than 1 year 30 days wages or salary

At least 1 year but less than 3 years 90 days wages or salary

At least 3 years but less than 6 years 180 days wages or salary

At least 6 years but less than 10 years 240 days wages or salary

At least 10 years 300 days wages or salary

Employees for a fixed duration do not qualify for severance. Under the Labor Protection Act, such employees must have a written contract of not more than two years duration. Work qualifying for such a contract must be a special project not in the normal course of the employer's business, or must be for temporary or seasonal employment.

Donna,

after chatting with you yesterday about your situation, I go to work and low and behold, I get the talk from my employer giving me one months notice terminating my employment.

The thing is the reason given was that June and July this year have not been as busy as expected, so therefor cutbacks are needed (ie. me..) I have only been there 8 months but it seems to me that my employer should not have taken me on, had he not thought the business could sustain my salary through out the whole year. Incidently, they have had an expat chef since opening some 5 years ago and looking at the revenue for this year and the past five years, we have taken more this year so far than in the past. It seems that an employer can mess about with an employees future, plans and career without any feelings of guilt.

One months notice after eight months of loyal service does not ring fair to me, especially when you consider I now have to look for another job,which is difficult enough in Thailand as they are few and far between, but to have an eight month stint in an establishment on your resume, brings up many doubtful questions from a prospective employer.

Unfortunately as far as Thai labour law goes, this will not be seen as unfairly dismissed, although I certainly feel I have been