Severance pay

[Neeranam]

One been fired from my job without doing anything wrong. Had 2 letters of warning for the same alleged offence 2 years ago(spent).

 

What is the first step?

 

Applying in writing for it or do I need to go to the dept of labour and get a lawyer?

 

Any experience of this process much appreciated.

[FritsSikkink]

If they have a valid reason for the warning, they can fire you while giving you the 3rd letter and don't own any severance pay.

Go to the labour office, should actually have done that the first time already if it is a bogus claim.

What was the warning about?

Edited June 23, 2019 by FritsSikkink

[xtrnuno41]

yup go to labor office, however know how to speak Thai or have someone with you speaking english/thai.

They will investigate, but be honest in the situation. Your visa(?) is good and you have work permit(?)

IF this is not good, they will help you anyway, but you could lose your stay in Thailand if they notice your visa/permit isnt ok.

They are obliged to report to immigration. I believe they dont ask for it, but could come up.

Labor office is free, as a lawyer (specialized in work ?), not with labor office, has to be paid.

The labor officer will investigate, he/she will talk with both parties and make a report.

Depending on officers report, they will negotiate in the matter, see who has done wrong and take action then.

If you are right and employer isnt willing to act to report and findings, then it will even go to labor court with a lawyer. 

[scorecard]

21 hours ago, FritsSikkink said:

If they have a valid reason for the warning, they can fire you while giving you the 3rd letter and don't own any severance pay.

Go to the labour office, should actually have done that the first time already if it is a bogus claim.

What was the warning about?

Sounds like warned about something twice but OP didn't challenge the warning.

 

Twice but not challenged. Why not?

 

 

[scorecard]

Just wondering if the OP naively believes that everybody who is dismissed (regardless of reason) is entitled to a severance payment. 

[The Old Bull]

Dream on

[blackcab]

The Ministry of Labour does not resolve dismissal grievances. You need to go to the Labour Court.

 

It is free. You do not need a lawyer of any kind, but if you don't speak good Thai then you really will need to take someone who does.

 

The Labour Court acts fast and gives impartial advice. If you don't have a case they will soon tell you.

 

Keep us updated so you can receive further advice.

[xtrnuno41]

15 hours ago, blackcab said:

The Ministry of Labour does not resolve dismissal grievances. You need to go to the Labour Court.

 

It is free. You do not need a lawyer of any kind, but if you don't speak good Thai then you really will need to take someone who does.

 

The Labour Court acts fast and gives impartial advice. If you don't have a case they will soon tell you.

 

Keep us updated so you can receive further advice.

You dont go to labor court, first step is going to labor office.

THey are the first ones in line of the proces. They investigate, they make the decisions.

Only with a dispute, after decision of labor office, you go to court. Then a lawyer of labor office steps in and handles

case in court, with labor officer who made report. There the judge will decide on report and hearing, if you or the other party was right.

[GarryP]

First things, first. Get another job asap so that it does not impact your application. If you leave the country and come back in on another visa, it could very well be back to the beginning for your application. 

[mrwebb8825]

Written warnings w/o challenge AND winning said challenge(s) at the time received releases said employer from any obligation to pay employee severance pay. You're lucky they didn't withhold your last salary as compensation for their troubles.

On another note, if said employer didn't cancel your work permit within 15 days a) you won't be able to get another 1, b) they will incur a fine of up to 20,000 baht. Minor payback but it's something to smile about. 

[David30]

Go to the employment office. They are required to advise you on all matters.