Is It Possible To Force Someone To Resign?

[SweGuava]

Since the beginning of this year there has been strange things going on at the office.

To cut a long story short, my boss want to get rid of me, but he does not want to pay the severance money I am entitled to after more than 3 years at the company.

I don't want speculate why he wants me out. Suffice to say, I have not done anything that gives him legal rights to kick me out.

For the record. We are both foreigners.

He's got a RP.

I have a Non-B extended with one year 4 years in o row. I am married to a Thai woman and we have a newborn daughter.

So far this have happened:

Since January 3, he had not said one word to me.

He does not reply to my mails at all. (work related mails - I don't send any private ones)

To get rid of me, he started by reducing the number of Thai employees to 4 in the hope that I would not be able to get my one year extension next time. (By the way, so far he also refuse to pay severance pay to at least one of them)

When I heard this, I asked him the reason, which he sort of gave me. I then said: Well, lucky us that we don't need 8 employees anymore, as I can extend my stay anyway.

That sort of chocked him. His next step I believe is to reduce the registered capital from 4 to 2 milllion baht. I don't have any proof of that at the moment. But it seams like the next logical step for him to take. I guess that that rules out any WP extension for me next time?

Or is the requirement in this situation different? He with RP and me married?

I will not make it easy for him and resign by myself. If he wants me out, he will have to fire me.

So, I guess what I would like to know is if those changes in the company structure frees him from the obligation to pay me the severance money?

[helicoptor]

How big is the company you work for? If it an international corporation set up there should be a grievance submittal procedure

Is he the end of the line ? if not, who does he answer to, can you approach them?

[singa-traz]

Get in touch with as laywer.

As am employee, you have the advantage in court, even as Farang.

If you cannot resolve the issue with your boss ... negociate an exist plan with him. Don't wait !

[pedro01]

Since the beginning of this year there has been strange things going on at the office.

To cut a long story short, my boss want to get rid of me, but he does not want to pay the severance money I am entitled to after more than 3 years at the company.

I don't want speculate why he wants me out. Suffice to say, I have not done anything that gives him legal rights to kick me out.

For the record. We are both foreigners.

He's got a RP.

I have a Non-B extended with one year 4 years in o row. I am married to a Thai woman and we have a newborn daughter.

So far this have happened:

Since January 3, he had not said one word to me.

He does not reply to my mails at all. (work related mails - I don't send any private ones)

To get rid of me, he started by reducing the number of Thai employees to 4 in the hope that I would not be able to get my one year extension next time. (By the way, so far he also refuse to pay severance pay to at least one of them)

When I heard this, I asked him the reason, which he sort of gave me. I then said: Well, lucky us that we don't need 8 employees anymore, as I can extend my stay anyway.

That sort of chocked him. His next step I believe is to reduce the registered capital from 4 to 2 milllion baht. I don't have any proof of that at the moment. But it seams like the next logical step for him to take. I guess that that rules out any WP extension for me next time?

Or is the requirement in this situation different? He with RP and me married?

I will not make it easy for him and resign by myself. If he wants me out, he will have to fire me.

So, I guess what I would like to know is if those changes in the company structure frees him from the obligation to pay me the severance money?

Is his name Chuck by any chance ? If so - PM me.

I have been through this & got justice through Thai labour court...

[markuk]

i think it is clear in the labour law regarding severance pay, if he alters the company to a status in which you have to leave then i think it would apply. Check with a lawyer.

[Sunbelt Asia]

You have full rights to severance.

By the way, as you are married, The company only needs one million Baht register capital for your work permit and for the visa, it could be obtained by having a extension of stay based on marriage as long as you have a wp and your wife and you get a salary of 40K per month.

www.sunbeltasiagroup.com

[junkofdavid2]

You have full rights to severance.

By the way, as you are married, The company only needs one million Baht register capital for your work permit and for the visa, it could be obtained by having a extension of stay based on marriage as long as you have a wp and your wife and you get a salary of 40K per month.

www.sunbeltasiagroup.com

Is it difficult to fire a Thai worker if the farang boss is willing to give full severance?

(Like what if boss is willing to give severance but the Thai employee still refuses to leave?)

[SweGuava]

By the way, as you are married, The company only needs one million Baht register capital for your work permit and for the visa, it could be obtained by having a extension of stay based on marriage as long as you have a wp and your wife and you get a salary of 40K per month.

www.sunbeltasiagroup.com

So it is 1 million for me, what about him, on a Residence Permit? He still needs 2 millions for his WP? (= total 3 millions for both of us)

Today he gave me a lousy offer through one of the other employees. Still does not have the courage to talk directly to me...

What he offered didn't even add up to 50% of what I belive he has to pay me according to the law.

Included in the offer was that if I accepted the small change he offered, he would let me keep my work permit and visa until they expire later this year. If not accepted, he said that he would revoke both visa and wp right away.

I said I don't know what I should do with a work permit if I don't have a work and demanded full payment.

Now waiting for Monday to see what his next step is.

[dr_Pat_Pong]

If I were you. I'd be having a serious chat to Greg Lange at Sunbelt as a matter of urgency.

[drummer]

you might be able to get residency at this point - worth asking about anyway. Then ou wouldn't need a work permit at all.

Of course, wheen you have guy that wants you out, then he can get you out, one way or the other. The way that University professors with tenure et "fired" is they just keep getting noe unreasonable demand after another placed on them, until they finally decide that it is easier to quit than keep the job....

Best to take care of this sooner rather than later

[LaoPo]

Strange case...

As for the reason: could he have found a Thai, able to do the same work as you do, for, let's say, half the salary and therefore wants to get you out of the company ?

I agree with Dr. Pat Pong you seek legal advise soonest.

Good Luck !

LaoPo

Duplicate deleted

Astral

[Martin]

"The way that University professors with tenure et "fired" is they just keep getting noe unreasonable demand after another placed on them, until they finally decide that it is easier to quit than keep the job.... "

That is a common form of bullying in academia, and other 'white collar' employment scenarios, in other countries, also.

It only works with those who are vulnerable to being bullied, though. Sometimes it is tried on a person with whom it does not work and they find 'sneaky' ways of fighting back, and get fed all sorts of help by colleagues. Then the bully becomes aware that s/he has become a laughing stock, and really deflates.

In the UK, there is a website (set up by a newspaper for academia, called The Times Educational Supplement) that has a forum called The Virtual Staffroom (or something similar) that has a section devoted to disseminating help for those who are (or feel that they are) being bullied.

"Coping with bullies" is a Life Skill. And lucky are those who acquire it early in life.

[lopburi3]

He can return your work permit and then you would have only 7 days to leave but you could always obtain a non immigrant O visa on the basis of your marriage (no job required) and immediately return so that is empty threat. Also suspect if you take legal action you may not even have to leave the country to fight it out, and if you do he may end up paying the trip.

[Sunbelt Asia]

So it is 1 million for me, what about him, on a Residence Permit? He still needs 2 millions for his WP? (= total 3 millions for both of us)

Today he gave me a lousy offer through one of the other employees. Still does not have the courage to talk directly to me...

What he offered didn't even add up to 50% of what I belive he has to pay me according to the law.

Included in the offer was that if I accepted the small change he offered, he would let me keep my work permit and visa until they expire later this year. If not accepted, he said that he would revoke both visa and wp right away.

I said I don't know what I should do with a work permit if I don't have a work and demanded full payment.

Now waiting for Monday to see what his next step is.

His registered capital would be 2 million Baht ( unless married to a Thai)

Money you have coming...

More than 3 years is 180 days wages for the severance if its a basic salary.

If your monthly salary is 75,000 Baht.... /30 days = 2.500 Baht daily wage

180 day's wages x 2,500 Baht daily wage= 450,000 Baht

However if you recieved the following as part of your wage. These would be included as well.

Incentive Bonus

Thirteen Month bonus

Housing allowance

Car provided

Phone provided

Just depends on the contract and if these items were classified as a "wage" or "benefit" Lets say it was wage for 20,000 Baht month incentive bonus and the 13th month was 75,000 Baht would be worth 6,250 Baht more per month or an additional 875 Baht per day multiple times 180 days = 157,500 Baht

In this example, the total due is 607,500 for severance

Notice

Thai law requires a minimum of one payment period notice of termination or payment in lieu of notice of termination.

Example: You got your notice on Jan 15th. You need to be paid until Feb 28th

Add 150,000 Baht for notice

Unfair Dismissal

If the company is found liable under unfair dismissal or defamation claim, the court may use your age, earning capacity and likelihood of you as a employee being able to find another job.

Example: You are 43 years old and it's hard for you to find another job. The Government may decide you cannot find a job for seven years and give you a award of seven years salary which would be 6,300,000 Baht for 84 months.

Total reward could be 7,057,500 Baht in this case.

www.sunbeltasiagroup.com