Question about Employee Relocation and Severance Pay

[Millian]

The company I work for are relocating their offices to another country and I'm not sure that I want to relocate, so I'm wondering what my options are.

I know about the Severance Pay laws here (between  3 to 6 years service, 180 days pay, etc), so I'm wondering if I decline to relocate should I get this severance pay.

However, this article I found on the BOI site states:   http://www.boi.go.th/tir/issue/200506_16_6/14.htm

Employers have the right to transfer staff to other locations, provided that the transfer is not ordered with the intent to create hardship for them. An employee’s refusal to transfer is legal cause for dismissal.

1. Does this only cover transfers within country, or also moving abroad? 
2. If I was dismissed, does that mean I do not qualify for severance pay?

I will of course consult a legal professional if it comes to that, but just wondering in the first instance if any one has been in a similar situation?

[Qman]

A lot depends on if you are working for a Thai company or international company and if you are a local hire or international hire assigned to work in Thailand.  If you work for an international company and assigned to Thailand I expect you are covered by the labor laws of the country on which your payroll is based.  While there are local rules in Thailand regarding employment practices, holidays, laws, etc. your employment contract typically is with another legal entity.

 

If you are a local hire on the Thai payroll then Thai labor laws should apply.  In the case of an office relocation impacting a lot of staff there should be some special policies for those affected to address options.

 

Much depends on the size and scale of the company and their history of being fair to employees. 

[Purdey]

Attended a seminar by PwC recently on the new labor law that clearly stated that all companies in Thailand have to follow Thai law. If they tell you that they have policies that contradict the law, they are on shaky ground (the usually legal argument is, this is Thailand, follow our laws)

Companies here have to get your signed acceptance to move you even to a new building. 

I am not a lawyer but you can take a Thai friend (if you don't speak Thai) to the labor department and talk to someone one. 

[mike324]

1 hour ago, Purdey said:

Attended a seminar by PwC recently on the new labor law that clearly stated that all companies in Thailand have to follow Thai law. If they tell you that they have policies that contradict the law, they are on shaky ground (the usually legal argument is, this is Thailand, follow our laws)

Companies here have to get your signed acceptance to move you even to a new building. 

I am not a lawyer but you can take a Thai friend (if you don't speak Thai) to the labor department and talk to someone one. 

I think the labor department does take complaints pretty seriously. I have workers who complain yearly, and labor department does follow up with workers complaint with our company, for our case its always the workers fault as they don't submit their resignation properly and expect full compensation.