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magisterludi

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Posts posted by magisterludi

  1. What I have been able to find so far is that according to Thai labor law:

    Termination Without Cause

    When there is termination without cause, it is compulsory that the employer give a written notice and make severance payment to the employee according to the length of unbroken service, as shown below.

    What I'm hoping for him is that service is "unbroken" as long as the employee kept working for the company, regardless of whether a resignation letter was signed...

  2. He had a job, which was withdrawn and then he was offered another job at less hours under a new contract.

    He's signed away his redundancy.. The <deleted> guy's will put up with to keep a job here?!

    I hope you're wrong :)

    I was hoping that there might be some sort of provision in Thai law to prevent employers from tricking their employees into doing something like this. I know that in other countries labor law favors employees and really protects them. For example, in some countries even if you are asked to sign a contract saying you have no employee-employer relationship, the contract will be overturned in court because employee-employer relationship is something that you as an employee cannot give away (I don't know what they call it...moral or inalianable right?).

    Thanks for your opinion! Lets hope there's a way for him to protect himself.

  3. Hi everyone,

    My Thai friend has recently overheard that his employment may be terminated and has a couple of questions about the termination which have to do with a recent change in employment terms. I would appreciate any advise for him.

    The situation is as follows:

    - Working full time at the same company for the past 8 years (six days per week).

    - Starting this year, he asked to change from full-time to part time employment, from 6 days per week to 2 days per week. The salary was cut more or less in half.

    - In order to change the employment status, he was asked to sign a resignation letter and then sign a new 3 month contract (renewable) for the new working arrangement. This agreement has since expired, but my friend has continued to work and get paid with "unbroken service".

    Basically the question is whether he was tricked by the company to give away his seniority or whether seniority is established purely by "unbroken service" and the resignation letter has no effect if he continued to work in the same company for 6 months after the letter was signed.

    If the seniority does continue, the other question is whether the severance pay upon termination would be calculated based on the new salary or based on some sort of calculation which takes into account the salary received until the end of last year.

    I hate to see someone taken advantage of, and although it has not happened yet I would like to help my friend to be prepared for the worst.

    Thank you in advance for your help. :)

    Best regards,

    Magister Ludi

  4. Thailand 'War room' to counter soaring dengue outbreak

    bull292009-7074-1.jpg

    The aedes aegypti mosquito is the transmission agent for

    Dengue Fever. It bites humans between an hour or so after

    dawn until about an hour after sunset.

    -- The Nation 2009-02-09

    As far as I remember reading, aedes aegypti bite at any time of day or night. It is the anopheles mosquito that bites at dawn and dusk (responsible for malaria).

    There is no vaccine or preventive drug that provides protection against dengue infection. The best way to avoid dengue virus infection is to prevent mosquito bites, particularly during the day.

    While most mosquitoes are more active during dusk and night time, Aedes aegypti mosquitoes are daytime biters so precautions against being bitten should also be taken during the day.

    http://www.health.gov.au/internet/main/pub...hp-fsdengue.htm

  5. Greg, as an under 50, divorced, non-working foreigner in Thailand, this 5-year visa stamp would seem to be a very viable option for me. But I would still vote no in your poll.

    Why?

    For the very simple reason that, based on past records, I trust a Thai government as far as I can throw them! They have no qualms about changing rules, visa rules etc as they see fit, and cannot be trusted in any way, shape or form to keep to their word.

    Make it 100,000 baht for a 5-year stamp and I might be interested, (I'll risk that level of money)

    Make it 400,000 baht for a 'guaranteed-by-HM' 5-year stamp after which time automatically allows you to apply for PR without the need to show 3 years of tax payments etc and I might be interested.

    Simon

    Agree with Simon. I wouldn't trust the Thai government to keep their word. That would seem to be a 400k bet against the odds. 100k for 5 years I might be willing to risk.

  6. Ok, this might help stopping people from working without a proper visa and work permit, so it's a good move I guess.

    People who suffer most are those that LIVE here without having a work permit or a Thai wife and are not over 50 with a sufficient income to get a non-OR visa. I used to be one of those unfortunate people, who had enough monthly income to live here, but it would have been not enough if I had to to open up a fake company, pay insurance etc for 4 fake staff and pay fake income tax just to get a 1 year visa... However, if your are one of those people, and consider going the route of a "fake" company, it costs you about 6,500 baht a month... in the same time, you might end up actually working and have some extra cash :o

    TOURISTS however will NOT have a problem, IF they plan ahead.

    You can get a 90 day visa at any Thai embassy (60 day single entry + 30 day extension at any immigration office IN Thailand)

    I know in the UK you can even get 90+90+90 visa, I don't know about outer countries, but a friend of mine just spent 9 months here with a visa like that.

    Good luck to us all... let's see what they come up next to let us know we are not welcome unless we are old or filthy rich.

    6,500 per month sounds a bit low, especially if you consider half-year audit, end of year audit, monthly tax returns, vat filling, social security for each employee (750 for you and 750 for he employee I believe), etc. In any case, you don't need fake income (at least for the first couple of years), as Thai authorities won't expect a new company to make any income on their first day of operations :D If you speak, read and write Thai, and know all the right people...maybe you can do it for 6,500 per month, but I think it's a bit of a stretch.

  7. Can't be sure of if the 90 day rule is abolished. We don't have a complete translation yet of the whole document. I must say it seems that way, but I'm not sure if this new police order is replacing the 90 day police order. It does look that way, but can someone who can read Thai confirm it replaces police order 608/2549?

    The new rule clearly says the Article 3 of police order 608/2549 established on 8 September 2549 has been discontinued and replaced with a new Article 3 of Police Order 778/2551 of 25 November 2551. So the 90 days in six months rule has been discontinued officially by the new order which does not have the 90 day rule in it at all.

    If that is the case then this law accomplishes absolutely nothing.

    I can't see long stayers doing border runs every 2 weeks.

    I couldn't see long term stayers doing border runs every month, but it did happen. Maybe if the Thai government made immigration information more accessible people would realize that getting their papers straight is a long term investment (and will save money eventually...and obviously a lot of hassles and inconvenience.

  8. Once I knew I wanted to be here I changed to Non-Immigrant.

    Not so easy.

    Not everybody can get a Non-Imm, especially if you are not 50 yo, not married, not working... :o

    There are ways out but it requires some effort and some money (probably the more money the less effort and vice versa). Get in touch with a good Immigration lawyer if you're thinking about Thailand in the long run. It's well worth it. Like I said in another post, the only shame is that they never give advance warnings for anything in Thailand, which is a pain in the ass. In fact, they also make their laws usually retroactive, which is also a pain in the ass (i.e. If you're living here and have a permanent residence, even if they changed the law regarding permanent residence it would be nice not to make it retroactive to those who already did the paperwork, etc.) Good luck.

  9. The people who never get their papers straight in order to live here have always annoyed me too.

    However, in the tourism business, we get a lot of people who backpack around for months at a time. This was a really strange concept for me being from Hawaii you get 2 weeks if your lucky. Anyway, most backpackers I meet are from Europe / Australia and they are on these mega journeys of 2-6 months AND they have MONEY - lots of it. I have no idea where all the dough comes from, but they have it and it definitely contributes to the tourism industry here.

    These backpackers think of themselves as adventure travellers and planning out visas and exact dates detracts from the point of a loose adventure. They come and go and often times spend weeks in just one location before moving on to the next.

    A typical family on holiday here in Thailand will spend as much as these backpackers in a week. BUT the backpackers spend the same amount - just over a longer period of time!

    With the country image tarnished by recent events and less affluent people wanting to "risk" travel here right now - backpackers might become the norm again.

    It's a shame there isn't a way to punish the illegals working and living here without affecting the travellers that contribute to many others salaries and bottom lines.

    Aloha

    I see your point and agree on some of your statements, but disagree on your definition of backpackers. Many long term travelers are well organized, especially if traveling through other countries in Asia, such as India, that requires every nationality to get a visa before arrival. No big deal except maybe for those who are currently in the middle of a trip. As always, the only thing I would complain about is that the Thai government never gives warnings about these changes. A 6 month or at least 3 month warning would have been nice.

  10. I think that Thailand wants to get rid of what it sees as the riff raff falangs. Those who cannot be bothered or just cannot get the right visa. If you have a legitimate visa there is no problem in staying here.

    Really? :o Then tell me how a 37 year old who's been here for 12 years with enough money to live on, most cash is in in a thai bank can get the right visa, not married, no intention of doing so either and no business???

    Please elaborate.

    Thai officials are a bunch of xenophobic retards.

    Hi. I understand some people's anger as rules keep changing in Thailand, but it's not the end of the world. Not every country in the world can get a visa on arrival in Thailand. In fact, I was never able to do so. I arrived in Thailand as a tourist, enjoyed it, tried it out on tourist visas before I committed. I think tourist visas give you long enough to test the country out. Once I knew I wanted to be here I changed to Non-Immigrant. It's not perfect (especially as there are a few laws when you are starting out (if you don't want to start hiring a bunch of people right away) and I still have to do a border run every three months. It's a bit bothersome, but overall it hasn't been that difficult to stay in Thailand.

    My advise if you truly want to stay in Thailand is to hire an immigration lawyer (like you would in almost any other country if you wanted to immigrate. You'll be glad you did in the long run.

    Cheers and good luck to all :D

  11. First Bangkokair flight lands at Suvarnabhumi today

    Bangkok/ December 3rd, 2008 12.00 hrs. - Bangkok Airways' first operative flight will land at Suvarnabhumi Airport at 16.20 hrs from Samui.

    The flight will be operated by Airbus 319 as in the following details.

    • PG 148 Samui-Bangkok dep: 15.15 - 16.20 hrs

    • PG 171 Bangkok-Samui dep: 17.00 - 18.05 hrs

    Passengers departing for Samui are requested to check in at Bangkok Airways' Head Office (99 Vibhavadirangsit Road) at 15.00 hrs where transfer will be arranged for all passengers.

    Bangkok Airways is now in full gear to operate its normal schedules as soon as possible.

    For more information, call 1771, or 0-2265-8777 or log on www.bangkokair.com

    Source: The Nation - 03 December 2008

    Promising news :o

  12. The BBC have just reported that the year 2009 will be the worst on record comparable to the crash in 1997. The BOT will today drop interest rates to try to combat the forthcoming economic crisis.

    Thailand will indeed pay for the actions of the PAD, but the PAD will escape scott free.

    Cheers, Rick

    Yet the exchange rate still holds on... :o

  13. Update 14:00 BKK time:

    THAI resumes flights at Suvarnabhumi today Wednesday

    Thai Airways International is flying six special flights from Suvarnabhumi on Wednesday, the first since the airport was shut down on November 25.

    TG 9939 to Sydney, leaving at 5.25pm

    TG 3159 to New Delhi, leaving at 7.50pm

    TG 6409 to Narita, leaving at 10.35pm

    TG 9209 to Frankfurt, leaving at 11.40pm

    TG 6589 to Seoul, leaving at 11.45pm

    TG 9509 to Copenhagen, leaving at 0.50am

    -- The Nation 2008-12-03

    This may be good news for the Chiang Mai to BKK flights!!! :D Still cannot contact Thai Airways though... :o

  14. Does anyone know if Thai Airways has programmed flights on Saturday December 6th from Chiang Mai to Bangkok (or even Utapao)? I can't manage to get any operators to ask and I've now managed to get all the way to Chiang Mai...

    Thanks :o

    Edit: Managed to book all the way to Chiang Mai...still not in Chiang Mai though :D

  15. I understand the analogy. I just don't find the actions excusable as I might from a 5 year old kid. In any case, getting attention could have been done in a way that didn't include closing both airports in Bangkok. To give you just one example, a group of people demanding attention from the government in Mexico decided to camp in a public space (an esplanade of sorts) and dance naked twice daily. Just one amongst thousands of things people can do to get attention without creating massive damages to their own country. Cheers.

    Well their residency in a executive government facility went pretty much ignored... So when you are going up against a giant...

    OK, following your analogy of the kid vs. the giant. The kid makes a tantrum at the supermarket to get the candy. The parent gives in and buys the candy. What happens the next time the kid goes to the supermarket and wants a candy? If, on the other hand, the kid is punished, the tantrum won't happen again. Good parents discipline their disobedient children; good governments punish their disobedient citizens. Although I like the theory behind anarchy, in reality I do believe a measure of government repression is necessary for society to coexist peacefully.

    The parent uses unnecessary force and beats the kid down in the store... Child protective services comes in and removes the helpless kid from the control of the overbearing parent and hopefully prosecutes the parent for child neglect.

    Agreed. Except 5 year old kids don't usually carry and shoot guns while they make a tantrum (or hold the entire store for ransom). Enough said.

  16. I understand the analogy. I just don't find the actions excusable as I might from a 5 year old kid. In any case, getting attention could have been done in a way that didn't include closing both airports in Bangkok. To give you just one example, a group of people demanding attention from the government in Mexico decided to camp in a public space (an esplanade of sorts) and dance naked twice daily. Just one amongst thousands of things people can do to get attention without creating massive damages to their own country. Cheers.

    Well their residency in a executive government facility went pretty much ignored... So when you are going up against a giant...

    OK, following your analogy of the kid vs. the giant. The kid makes a tantrum at the supermarket to get the candy. The parent gives in and buys the candy. What happens the next time the kid goes to the supermarket and wants a candy? If, on the other hand, the kid is punished, the tantrum won't happen again. Good parents discipline their disobedient children; good governments punish their disobedient citizens. Although I like the theory behind anarchy, in reality I do believe a measure of government repression is necessary for society to coexist peacefully.

  17. So far the red team is playing by the rules. You can not say that about the yellow team.

    Please show me the rulebook that says murder is alright.

    I wrote this in terms of teams, not individual actions. For instance, when the court asked the PM to resign he did. And the red team have by no means exercised politics to destroy the economy.

    Neither has PAD. They occupied the airport for attention, much like a kid that throws him down on the floor in the supermarket and cries to get the candy he pointed at doesn't do it to give you -the bystander - a headache. It might be a side-effect. But it's not the aim.

    True. Except a kid is a kid. Unless you're trying to say that the P.A.D. protesters have 5 year old mentalities.

    The analogy was that they wanted attention - and they got it. We are all looking, are we not?

    I understand the analogy. I just don't find the actions excusable as I might from a 5 year old kid. In any case, getting attention could have been done in a way that didn't include closing both airports in Bangkok. To give you just one example, a group of people demanding attention from the government in Mexico decided to camp in a public space (an esplanade of sorts) and dance naked twice daily. Just one amongst thousands of things people can do to get attention without creating massive damages to their own country. Cheers.

  18. So far the red team is playing by the rules. You can not say that about the yellow team.

    Please show me the rulebook that says murder is alright.

    I wrote this in terms of teams, not individual actions. For instance, when the court asked the PM to resign he did. And the red team have by no means exercised politics to destroy the economy.

    Neither has PAD. They occupied the airport for attention, much like a kid that throws him down on the floor in the supermarket and cries to get the candy he pointed at doesn't do it to give you -the bystander - a headache. It might be a side-effect. But it's not the aim.

    True. Except a kid is a kid. Unless you're trying to say that the P.A.D. protesters have 5 year old mentalities.

  19. Airport to re-open on Dec 15th

    BANGKOK, Dec 2 (Reuters) - Bangkok's international airport will remain closed to until Dec. 15 due to a blockade by anti-government protesters, the airport manager said on Tuesday.

    "The rally has caused massive damage to the country. We will try to open the airport as soon as possible," Serirat Prasutanond, acting head of Airports of Thailand said in a statement.

    The closure refers to passenger flights. One cargo flight left on Tuesday and others were scheduled to follow, the first departures in a week.

    Source: Reuters http://www.reuters.com/

    ...old news from this morning and invalidated by current developments.

    I have an option of a 36 hour 'trek' via KL to get to Chiang Mai, and then on to BKK or I have a flight on Thursday night to BKK direct, arriving at 0730 on Friday morning. Both will get me there approximately same time, but the second one is a lot cheaper and less hassle, assuming it actually happens.

    Is it really opening up?

    If not I have to get on a plane to KL tomorrow morning! :o

    I think it all depends on your necessity/desire to get back to Bangkok. If I were you and I really wanted to get there on Friday I would go for the 'trek'... :D

  20. Ho can it be any worse than now ?

    I hope you will never find out how much worse its possible to get. You're living in one of the most civilized countries in the world. You have relative freedom of speech and press. You have a functioning educational system and health care system that include mostly everyone and all layers of society. You have a relative uniform and strong sense of nationalism. You have water and electricity. If you want to know how much worse its possible to get, hope for your 10 years of military rule.

    :o Well put, "xminator"! Thailand is MORE civilized than most Western countries, IMHO, especially the 'Homeland Securitized' U.S.A. I applaud the restraint of the police (mostly) and the military of Thailand in dealing with a peaceful protest of unarmed citizens with legitimate grievances against the government. BushCo would have sent in the jack-booted riot police, beaten them, handcuffed them, hauled them off to unannounce confinement areas without any specific charges, access to lawyers or bail, and granted no court appearance for as long as it could be kept quiet from the "free" press or general populace.

    I see a lot of the visiting fascists are taking this "kinder, gentler" approach as a personal slap in the face. Hope it stings!

    Congratulations, Thailand. This is a victory for all of you! :D

    Yeah, wow, amazing victory for Thailand! The current results of Thailand vs. Thailand: 6-3, with Thailand in the lead!!!

  21. Thai protesters to leave Bangkok airport

    From correspondents in Bangkok

    December 02, 2008 08:20pm

    ANTI-GOVERNMENT demonstrators have agreed to allow flights to resume from Bangkok's Suvarnabhumi international airport after a week-long blockade, a protest leader said.

    "As of this moment the PAD (People's Alliance for Democracy) has allowed flights to take off and land immediately, both passenger and cargo flights," senior alliance member Somkiat Pongpaiboon said.

    The PAD occupied Suvarnabhumi and the smaller Don Mueang domestic airport last week, stranding 350,000 passengers and causing massive damage to the Thai economy.

    Thailand's airport authority confirmed there was an agreement with protesters, saying flights may be able to resume if there are no "technical problems".

    "We have reached an agreement with PAD to start clearing protesters from the passenger zone to reopen Suvarnabhumi Airport," said Vudhihaandhu Vichairatama, chairman of the board of Airports of Thailand.

    "But how soon depends on technical issues. If there is no technical problem the first flights would resume within 24 hours."\

    http://www.news.com.au/story/0,27574,24741988-23109,00.html

    December 02, 2008 08:20pm???

    Now is 4.59pm...they see in the future?

    lol. I imagine it must be later in Australia...time zones are strange like that...

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