Few questions related to leaving from Thai company

[AlexPTY]

Hello all,

 

just a few things i would like to ask. Cannot seems to get straight answer talking to lawyers here in Pattaya doing a search. I work for Thai Ltd. company for 5 years, i assume more than 30 employees other 4 foreigners on a work permits. I started work when company was small and had only "piece of paper" contract with my responsibilities only, i assume not legal anyways. I have a work permit, salary paid by bank transfer every month. Things are going south with the business and i am looking for exit strategy. Here it goes:

 

1. am i considered a full time employee even without contract and eligible for severance package once laid of or made myself discharge?

2. they pay third party to process my work permit, but make me pay for my yearly visa (it's a very steep price). Am i responsible for payment for processing a visa or company is?

3. should i ask to have employment contract signed now? is it illegal to work without formal contract, or company breaking the law by having me with no legal employment contract?

4. statutory holidays? i have to work. only have 1 day a week off. should i ask for stat holidays leave? ask to be paid for working on holidays?

5. I am 58 and plan to retire as soon as i turn 60 if i still have a job by that time. am i eligible for severance pay?

 

All help appreciated. as i said, i searched here, on the internet and read about Employee Protection Code, so i am not a complete idiot in this field. my questions are more about real life situation. Piece.

[FritsSikkink]

You only get severance pay when you are fired without a just cause, not when you become a certain age or when you leave yourself.

Who pays for the visa depends on your personal negotiating skills, there is no rule, you could do the visa yourself too.

Why are you waiting 5 years to find out about your holidays?

[blackcab]

1. Yes you are considered a full time employee. You only get severance pay if you are dismissed without cause, not if you quit.

2. You are responsible to pay for your work permit and your extension of stay costs, unless your employer agrees to reimburse you. Do not forget that the application is in your name, not your company's name. Consider that you have to give your company/the agent a power of attorney to represent you. It is your application, therefore your responsibility to pay.

3. You can ask for an employment contract. In reality it's not going to make much difference unless you are getting more than the minimum quantity of holiday, sick pay, etc.

4. The minimum holiday provision is 13 days public holiday plus 6 days annual leave. You should be paid your basic pay for these days off.

5. You are now potentially entitled to retirement pay, although this is a very new thing. The Labour Protection Act has been amended to state that if you retire at 60, you must be paid the following:

• 10 months of the last salary for employees who have worked for 10 years.
• 8 months of the last salary for employees who have worked for more than 6 years but less than 10 years.
• 6 months of the last salary for employees who have worked for more than 3 years but less than 6 years.

From what you have said, I think you will just fall into the 8 months retirement pay category.

 

Be aware that a lot of employers may not know about the retirement pay, and they may not actually pay it. Any problems and go to the Labour Court. They are very efficient and they will make a judgement against the company in short order.

[overherebc]

46 minutes ago, blackcab said:

1. Yes you are considered a full time employee. You only get severance pay if you are dismissed without cause, not if you quit.

2. You are responsible to pay for your work permit and your extension of stay costs, unless your employer agrees to reimburse you. Do not forget that the application is in your name, not your company's name. Consider that you have to give your company/the agent a power of attorney to represent you. It is your application, therefore your responsibility to pay.

3. You can ask for an employment contract. In reality it's not going to make much difference unless you are getting more than the minimum quantity of holiday, sick pay, etc.

4. The minimum holiday provision is 13 days public holiday plus 6 days annual leave. You should be paid your basic pay for these days off.

5. You are now potentially entitled to retirement pay, although this is a very new thing. The Labour Protection Act has been amended to state that if you retire at 60, you must be paid the following:

• 10 months of the last salary for employees who have worked for 10 years.
• 8 months of the last salary for employees who have worked for more than 6 years but less than 10 years.
• 6 months of the last salary for employees who have worked for more than 3 years but less than 6 years.

From what you have said, I think you will just fall into the 8 months retirement pay category.

 

Be aware that a lot of employers may not know about the retirement pay, and they may not actually pay it. Any problems and go to the Labour Court. They are very efficient and they will make a judgement against the company in short order.

Don't ask lawyers, don't ask Immigration anything about severance. They don't know the answers.

If you resign you will be entitled to nothing.

Check with your labour office where your WP is issued.

Re contract or not, the labour office will consider continuous payment of tax and base their decision on that.

Do you have your tax records or can you get them?

[AlexPTY]

12 hours ago, blackcab said:

1. Yes you are considered a full time employee. You only get severance pay if you are dismissed without cause, not if you quit.

2. You are responsible to pay for your work permit and your extension of stay costs, unless your employer agrees to reimburse you. Do not forget that the application is in your name, not your company's name. Consider that you have to give your company/the agent a power of attorney to represent you. It is your application, therefore your responsibility to pay.

3. You can ask for an employment contract. In reality it's not going to make much difference unless you are getting more than the minimum quantity of holiday, sick pay, etc.

4. The minimum holiday provision is 13 days public holiday plus 6 days annual leave. You should be paid your basic pay for these days off.

5. You are now potentially entitled to retirement pay, although this is a very new thing. The Labour Protection Act has been amended to state that if you retire at 60, you must be paid the following:

• 10 months of the last salary for employees who have worked for 10 years.
• 8 months of the last salary for employees who have worked for more than 6 years but less than 10 years.
• 6 months of the last salary for employees who have worked for more than 3 years but less than 6 years.

From what you have said, I think you will just fall into the 8 months retirement pay category.

 

Be aware that a lot of employers may not know about the retirement pay, and they may not actually pay it. Any problems and go to the Labour Court. They are very efficient and they will make a judgement against the company in short order.

Thank you, i had pretty much the same idea, thank you for confirming it. yes i have all yearly tax certificates and pay slips

[TerryLH]

If you have a work permit, you have a contract. 

It's one of the required documents to get a WP.

[ericthai]

i dont understand why your company is using an agent to get your work permit and visa. Sounds like they dont qualify. The govt costs are not much,

work permit is about 3000B and a yearly extension is 1900B 

 

As long a you have been paying in taxes/ ss etc then it doesn't matter if you have a contract in place or not. The ministry of labor has standard rules that cover employees with or without contracts. Also if push comes to shove contact the ministry of labor they are strong and favor towards the employee. 

I've had a couple of run-ins with them from former employees that lied. 

Good luck with things!