How much severance am I owed for getting sacked without warning?

[Ama Rylls]

Hello,

 

I would be very grateful for some counsel.

I was let go from my company yesterday with no formal warning or one month's notice. Additionally, I was sacked 7 days (5 working days and two weekend days) after the salary cut off point. I was due to complete my full year in 2 weeks from the day I was sacked.

I was promised two months' severance, 1 month for letting me go, another 1 for no prior notice. That seems fair seeing I didn't see out the year.

 

Should I also be paid some form of severance for no official warning, and the 7 extra days I worked after the salary cut off point? 

 

Thank you for your advice.

 

 

[metempsychotic]

Given that you worked more than 120 days and less than 1 full year you would be entitled to 30 days severance.

 

This assumes you were not let go for misconduct or negligence, 

 

2 months is fair, but if you had  made I to a year you would have been eligible for 3.

 

I would think you would be eligible for pro rated payment for the 7 days, but as you are receiving an additional month that may not be the case.

 

That said, if you believe you have a grievance, thai labour laws are greatly in favour of the employee, and disputes are often won, you could consult with the labour board or a lawyer.

 

I have known people who have been awarded large sums of money for unfair dismissal, one in the very recent past.

 

It is very worth your while to check into it if you believe you have a genuine case against your employers.

Edited February 28, 2020 by metempsychotic

[scorecard]

Are you located in Bangkok?

[kingdong]

What country are you posting from?employment laws vary.

[crazykopite]

You fail to mention which country you. Were employed in are we to assume you were employed in Thailand

[Abs14]

You are entitled to one full pay cycle of notice. 

If you are paid monthly then it's equivalent of 30 days and as you were let go 5 days into a new paycycle you are entitled to the rest of that paycycle with your 30 days starting at the end of that period. 

 

So two months would be the legal requirement in this case and that is what they have offered you. 

 

Had they terminated your employment on the last day of the month then your notice would have started immediately and you would only be entitled to 30 days. 

 

You didn't say why you were let go,  but of course they do need to have cause to terminate your employment.  

 

If you want to confirm the severance required or any other issues then contact the office of labour protection and welfare. 

สำนักงานสวัสดิการและคุ้มครองแรงงาน

 

They are actually really helpful. 

 

Edited February 29, 2020 by Abs14

[Kurtf]

Hahaha. Sorry bro but you've been taken advantage of. They probably had no intention of keeping you beyond the first year to begin with. That's why they were so generous in promising you the moon after one year. I hope you saved enough money to get back to your home country.

[earlinclaifornia]

In the US employees are employed "at will" which means you can get let go and paid at minimum until the last day you worked. Reality sucks and then you die.

[Rimmer]

4 hours ago, crazykopite said:

You fail to mention which country you. Were employed in are we to assume you were employed in Thailand

 

The OP is posting in the phuket forum from a Phuket IP so presumably that is where he was employed

[Inepto Cracy]

You were cheap labour, you get nothing.

[Don Mega]

2 minutes ago, Inepto Cracy said:

You were cheap labour, you get nothing.

The Thailand Labor dept will contradict your lack of knowledge.

[Inepto Cracy]

6 minutes ago, Don Mega said:

The Thailand Labor dept will contradict your lack of knowledge.

Really ???

[Don Mega]

1 minute ago, Inepto Cracy said:

Really ???

Yeah really.

 

you obviously are clueless in regards to Thai labour laws and severance.

Edited February 29, 2020 by Don Mega

[Inepto Cracy]

9 minutes ago, Don Mega said:

Yeah really.

 

you obviously are clueless in regards to Thai labour laws and severance.

555 watch this space. Do you need to know the full story behind this post?

Dream on Don.

[Don Mega]

1 minute ago, Inepto Cracy said:

555 watch this space. Do you need to know the full story behind this post?

Dream on Don.

You obviously know more than what the OP has posted so why don't you let us all know.

 

But based on whats been posted he/she is entitled to 1 month termination (assuming 30 day pay cycle and marched on with immediate effect) pay and 1 months severance.

[Rimmer]

Off topic leading to bickering removed

[metempsychotic]

14 hours ago, crazykopite said:

You fail to mention which country you. Were employed in are we to assume you were employed in Thailand

Given it is a thai specific firum, called thaivisa.com and he has posted in the phuket forum, I dont think we really lack that much information regarding location, do you?

[thainet]

"""I was promised two months' severance, 1 month for letting me go, another 1 for no prior notice. That seems fair seeing I didn't see out the year""".

 

Other than the obvious hurt in getting fired, the company are paying you off according to the law, so be thankful for that and just take it gracefully.

You have no cause to go the labour board or a lawyer on this, as the company are being professional on your severance.

 

Spend it well.

[smccolley]

Here is a follow up question. I have been working in Thailand since 2006. In 2013 a giant multinational bought my small company. They gave me seniority based on my original start date of 2006. I can see a layoff in my future. I am wondering if they will have to pay severance based on the 2006 date or the 2013 date, and if so any guess how much that would be?

[metempsychotic]

33 minutes ago, smccolley said:

Here is a follow up question. I have been working in Thailand since 2006. In 2013 a giant multinational bought my small company. They gave me seniority based on my original start date of 2006. I can see a layoff in my future. I am wondering if they will have to pay severance based on the 2006 date or the 2013 date, and if so any guess how much that would be?

Yes, if your seniority was granfathered in you should recieve severance based in your total employment time, ie 2006.

 

That said, im not certain how much that will actually benefit you, I think the cut off is 10 years, but I may be wrong.

 

https://www.boi.go.th/tir/issue/200506_16_6/14.htm

 

 I was in the same position, and my department was one of he first outsourced. I began work in 1999, company was bought 2009, I was laid off 2011.

 

Partly a a gesture to calm fears of others re unfair layoffs I recieved full stock vesting per the new employers bonus system, full severance per thai law, plus a matching of severance by the new employers.

 

I walked with about 3 years full salary and encouragement to discuss my fair deal.

 

Fears were quelled and the next round of layoffs a year later were nowhere near as generous, but did still meet thai labour requirements albeit to the letter.

 

Dont be afraid to take a greivance or even an inquiry to the labour board.

 

They rule heavy in favour of the employee if there is any sign of misconduct, a freind of mine recieved a couple million for being transferred here by a foreign company and let go when the venture went downhill due to mis management. 

 

Another freind recieved an additional 3 months for in inquiry into their dismissal, no warnings had been served, company was just too stupid to do it properly.

 

 

Edited March 1, 2020 by metempsychotic

[johnray]

Nothing.  Being a foreigner you already got paid more than the other staff for 2 years.

[stevenl]

1 hour ago, johnray said:

Nothing.  Being a foreigner you already got paid more than the other staff for 2 years.

Why post when all you can do is spout the usual nonsense and have no idea about the topic at hand.

[Ama Rylls]

On 2/29/2020 at 1:28 PM, Don Mega said:

You obviously know more than what the OP has posted so why don't you let us all know.

 

But based on whats been posted he/she is entitled to 1 month termination (assuming 30 day pay cycle and marched on with immediate effect) pay and 1 months severance.

You're right mate, I'm entitled to a sizeable sum in severance, 100k+ baht. I think they will pay it because other foreigners in the company who were also fired received their money. The labour laws in Thailand are not to be messed with, unless the company plans on never opening up shop in Thailand again. My plan is just to use it to look for a job in another company in Thailand. I have many expat friends who have lasted more than a year in their jobs, so I for one won't lose hope. I hope anyone reading this who's been let go in Thailand unfairly reads it and draws inspiration! 

Thank you to everyone who offered their counsel, really appreciate your advice.