Am I entitled to severance?

[wthth]

I was hoping someone may be able to offer some advice for me as this is an unusual circumstance.

 

I had been working for a Thai company for over 5 years and due to a medical emergency,returned home for several weeks. My job is 100% online so I was able to continue working while away and communicated regularly with the MD while I was home.

 

Two weeks after I was home, my salary was paid to me three days late. I found it odd, and was slightly concerned but I did not question it and was relieved when it was deposited on the 2nd.

 

Three weeks later, I advised the MD I was returning to work the following week and upon my return, was met with stares and silence from everyone to the cleaners to the staff in the executive offices. I messaged the MD and enquired when he would be back because I needed him to explain why no one was speaking with me.

When he returned the following day, he advised me that the owner did not pay me because he thought I would not return and that the MD paid me from his personal account.  I asked what that meant, did I still have a job and was told that I was paranoid. Not to worry and to get ready because we were very busy that week. I continued to come in everyday, working closely with the MD and on the final day of the month, my day off, messaged the MD toi confirm that I was back on the payroll and make sure my salary would be paid that afternoon as per usual. I was assured that it would.

 

When it was not, I messaged the MD and was reassured that finance was running late and that it would be paid that day. After several hours and messages, the MD sent me a screenshot of a deposit to my account. It was the same amount as my salary but transferred from the MD’s personal account. The owner had not authorized my salary for the 2nd consecutive month,

 

I never returned to work and still have not been contacted by anyone from the company.

 

My question is would Thai law consider this a termination and are they required to pay me severance?

Edited November 24, 2018 by blackcab
Removed all bold font

[madmen]

Why leave when your still getting paid?  You blew it by walking away. no way you can win that one and lawyers fees without a win is just digging a bigger hole

[Scottjouro]

If you walked, absolutely no chance of severance pay

[NiwPix]

How long ago since you didnt return? I believe you have a total of 3 consecutive rows of not showing up without an excuse. After day 3 you are considered terminated / quit. So, if this is your first or second day not showing up, make sure to go to work tomorrow.

[Scottjouro]

6 minutes ago, NiwPix said:

How long ago since you didnt return? I believe you have a total of 3 consecutive rows of not showing up without an excuse. After day 3 you are considered terminated / quit. So, if this is your first or second day not showing up, make sure to go to work tomorrow.

Show me this  rule in the labour regulations/law...your making this up...

 

suspect you are confusing yourself with the customary requirement to provide a doctors certificate after being off work for 3 or more days due to illness

[Mattd]

1 hour ago, Scottjouro said:

Show me this  rule in the labour regulations/law...your making this up...

 

suspect you are confusing yourself with the customary requirement to provide a doctors certificate after being off work for 3 or more days due to illness

The labour protection act does state that you can be terminated with cause and without severance pay if you are absent form work for more than 3 consecutive working days without a justifiable reason, regardless of whether there is holiday in between, it doesn't state only due to illness.

Reference Section 119 no. 5 of the LPA 2542 here: https://www.labour.go.th/en/attachments/article/18/Labour_Protection_Act_BE2541.pdf

[munchlet]

For  what its worth, I would say there is a case here, its constructive dismissal. The MD telling you he paid your salary because the owner had not authorised it means that the company is effectively in default to you. The MD's payments were effectively a loan from him, the company still owes you 2 months. and you owe the MD. Having not been paid by your company, I think you have a case and should go and see a lawyer. The labour courts are usually quite sympathetic to employees, even Expat ones.

[bangkoken]

Great labor Law attorneys, The Kingdom Law Group in Bangkok. Check out their website. A friend of mine had a very similar situation and under Thai labor Laws they were able to get him six months severance plus legal fee(s).