Allowance to the maid after death of the foreign employer

[MrJ2U]

100,000 baht compensation in the will.

 

Thats very nice.

 

[steve187]

8 hours ago, Liverpool Lou said:

"...she has earned it"

She hasn't been doing it out if the goodness of her heart, she been well paid for doing it!

what, never a day off in 2 years

[Ralf001]

10 hours ago, impulse said:

By law, if she's an employee (she is), he should be paying taxes on her and paying into the Thai Social Security fund, which would cover her needed surgery.  The income taxes will probably amount to zero because of deductions at a low salary level, but the SS payments would have gone a long way to covering her health needs.

 

In practice, I don't know how her surgery would be handled, but I suspect the Labor Department will be sure she gets the prescribed severance pay if she chooses to contact them.

 

Your assuming she was not a cash in hand employee.

[IvorBiggun2]

My wife hasn't had a day off in 16 years. Is she entitled to severance pay when I pop me clogs?

[steven100]

It seems that most on here including the OP are making a simple situation into a complicated one.

She was giving a maid's job 30 years ago on a handshake ........  nothing more.

 

she has nothing to do with the labour department, labor laws, tax office, tax department.  She was given a cash job, same as possibly millions of farm hands, factory hands etc ....  in Thailand.

Pay her medical operation if you so desire .....   no big deal   !!   

Give her a nice bonus when he dies.   ( more than the 100k for 30 yrs )  

 

Don't involve the labor department, or the tax office unless you want a headache and misery for months following.

Why make life so difficult  ?      if you involve any office or official it sure will be.

[Artisi]

1 hour ago, IvorBiggun2 said:

My wife hasn't had a day off in 16 years. Is she entitled to severance pay when I pop me clogs?

Sure, if you have taken care of that small issue ????

[Artisi]

6 minutes ago, steven100 said:

It seems that most on here including the OP are making a simple situation into a complicated one.

She was giving a maid's job 30 years ago on a handshake ........  nothing more.

 

she has nothing to do with the labour department, labor laws, tax office, tax department.  She was given a cash job, same as possibly millions of farm hands, factory hands etc ....  in Thailand.

Pay her medical operation if you so desire .....   no big deal   !!   

Give her a nice bonus when he dies.   ( more than the 100k for 30 yrs )  

 

Don't involve the labor department, or the tax office unless you want a headache and misery for months following.

Why make life so difficult  ?      if you involve any office or official it sure will be.

Probably one the few of your posts I've agreed with, but you are correct - too many bush - lawyers and experts spouting too much nonsense about <deleted>-all. 

[Dante99]

100k in the will does not cut it.

 

add 200k for a total of 300k and you are getting into the lower end of a reasonable range.  

 

Pay the medical.

 

That is a minimum for somebody who gave loyal service for 30 years.  A bare minimum.

[Rampant Rabbit]

On 8/13/2021 at 9:28 AM, AlQaholic said:

The Thai Labor protection act is clear, the maid, having worked for the employer for more than 10 years, is entitled to a severance payment of her current salary for 400 days. I does not matter if there is a written agreement or not, if she has worked for an employer, that constitutes an agreement. In a dispute, she must of course be able to prove that she has worked for the employer. And then of course we come to the question of tax payments, which should have been done by the employer.

https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/49727/125954/F-1924487677/THA49727 Eng.pdf

(The original act was changed in 2017 and in 2019, google it).

Additionally, If the maid is over 60 years (since 2019, now officially the retirement age in Thailand) she can retire any time she wants and is entitled to the 400 days severance payment upon retirement. 

Wonder how  many get sacked at 9 yrs 11  months. 400  days is  ridiculous.

[KannikaP]

13 hours ago, Artisi said:

Did you collect any retirement plan or pension plan after being being well paid for years?

Yes, which was taken out of my salary every month.

[IvorBiggun2]

I asked my missus if she would have to pay our cleaner severance money and she says no. It only applies to businesses ????

Edited August 14, 2021 by IvorBiggun2

[Artisi]

21 minutes ago, KannikaP said:

Yes, which was taken out of my salary every month.

In the case being discussed this probably wasn't an option, so a lump sum is being offered  - at the end of the day there is little difference. 

[samtam]

22 hours ago, Iron Tongue said:

I also think 100k baht seems low.  This loyal employee seems more like family at this point and she probably won't be able to find another job at this stage of her life.  100k baht isn't much of a retirement.  If he can afford more, the final payment should be several times that.  It's not like he can take it with him.

The son may disagree.

[AlQaholic]

1 hour ago, Rampant Rabbit said:

Wonder how  many get sacked at 9 yrs 11  months. 400  days is  ridiculous.

There are different severance payment depending on length of employment, for example after 1 year, 2 years, 3 years etc....max is 10 years and 400 days severance.

[AlQaholic]

On 8/13/2021 at 11:36 AM, Scott Tracy said:

Interesting. The 'employer' dies. Who is liable for severance pay? Is it applicable when the 'employer' dies? Does the estate have to cough up? What happens if the estate has insufficient funds for the payment?

 

Oh, and the surgery is not covered under the Thai 30 baht national insurance? Medication also not covered?

The estate assumes the same legal commitments as the deceased.

I think most things are covered under the 30 baht thing, but depends on what kind of surgery I think.

[In Full Agreement]

On 8/13/2021 at 10:06 AM, BTB1977 said:

100,000 translates to less than $3,000 used. Seems a little low for 30 years of service if she was full time 6 days a week.  

 

I don't think it'd hurt to approach this matter with an attitude of generosity.

 

Secondly, since the subject appears to be still living why not ask him how he'd like things handled?

 

[geovalin]

On 8/12/2021 at 4:43 PM, steve187 said:

my view leave more to the carer, she has earned it, give less to the son he expects it

The son does not expect to get money after his father's death. He just would like to do not be sued.Well, he lives very far from Thailand.

[geovalin]

On 8/13/2021 at 6:15 AM, inThailand said:

Of course he doesn't have to pay for her surgery. Up to him! 

 

I like the way he is taking care of her by adding her to his Will. Suggestion, give her a copy of the Will, so 1) she knows she's in it and 2) in case she encounters problems getting what he desires. 

She'll receive (received as she's in charge of the treasure) a big gold nugget. But I don't know the value.

[geovalin]

On 8/13/2021 at 9:50 AM, IvorBiggun2 said:

But he has already via 'She receives a decent salary'. Her choice

 

But 'She receives a decent salary'. Her choice.

 

Not if he dies penniless. I'm sure he's paying her over the minimum government wage.

He's dying nearly penniless.
The maid is getting 25 K / months since a while. She manages the petty cash, buys food (for her as well)...
After death, she'll go back with AC, fridge, TV, etc.

[geovalin]

On 8/13/2021 at 10:06 AM, BTB1977 said:

100,000 translates to less than $3,000 used. Seems a little low for 30 years of service if she was full time 6 days a week.   But I don't know if she was full time the first 28. Or just came in 3 hours 2 times a week to tidy up. As for the surgery,  don't thais have government paid insurance.  My wife and her whole family does.  

She had always been full time.

She chose to go to the expensive private hospital of his boss to make the surgery. In Bangkok, public hospital are better and far less expensive.

[geovalin]

On 8/13/2021 at 11:36 AM, Scott Tracy said:

Interesting. The 'employer' dies. Who is liable for severance pay? Is it applicable when the 'employer' dies? Does the estate have to cough up? What happens if the estate has insufficient funds for the payment?

 

 

Good question, on the first days of Q1, Q2, Q3 and Q4, he has a nice amount of money but at the end of the quarter, there is no money left.

[geovalin]

On 8/13/2021 at 12:37 PM, Iron Tongue said:

I also think 100k baht seems low.  This loyal employee seems more like family at this point and she probably won't be able to find another job at this stage of her life.  100k baht isn't much of a retirement.  If he can afford more, the final payment should be several times that.  It's not like he can take it with him.

My guess is that the maid will not look for another job. She's over 50 now. She never spent any penny since 30 years so she bought houses and lands in her home town. She managed to keep her family afar, so she's richer than her boss, me and probably you.
Well she deserves to be rich as she never had any private life.

[geovalin]

23 hours ago, natway09 said:

Not knowing what salary she is on now I have no "starting point"

 

25000 bahts / month now.

In the past, she got less but my friend used to give her a 13th month on Christmas.

[geovalin]

16 hours ago, Liverpool Lou said:

In the circumstances of the OP, she would not be subject to "dismissal by the employer"!

This is also my feeling. My friend will never dismiss her as he'll die first.

[geovalin]

3 hours ago, steven100 said:

It seems that most on here including the OP are making a simple situation into a complicated one.

She was giving a maid's job 30 years ago on a handshake ........  nothing more.

 

 

I hope you are right. I just would like to avoid the situation when, after death and as the son is 10 000 km away, this nice maid come to me and ask: " I beg your pardon, but didn't you forget anything ?"

I just hope it will not happen.

I'm not afraid to be sued but I would like to avoid the situation.

[geovalin]

1 hour ago, In Full Agreement said:

 

I don't think it'd hurt to approach this matter with an attitude of generosity.

 

Secondly, since the subject appears to be still living why not ask him how he'd like things handled?

 

The subject is living but has no idea what 1000 bahts means, no idea of the value of anything, in 4 words: he lost his mind.

[mudcat]

As the nephew and trustee of a maiden aunt who was a housekeeper for the same family for 49-years, I have my own thoughts about long-term employment relationships and the benefits and problems.   One of the issues is whatever arrangements get made are frozen in place as time goes on - what appeared generous in the early 1970s when the family became less so when the last member passed away.  As it turns out my aunt was fine having U.S. social security and a modest pension from her employers that together with her savings (and investments after I became trustee) she lived out her life in comfort without any resentment about how she was treated.  My siblings and myself benefited from what was remaining of her assets when she passed and only wished that she had more joy in her life while she was tied to an aging family.

 

Always better to be generous when possible - after thirty-years an household employee is quasi-family,

 

just my thoughts

[Liverpool Lou]

10 hours ago, steve187 said:

19 hours ago, Liverpool Lou said:

"...she has earned it"

She hasn't been doing it out if the goodness of her heart, she been well paid for doing it!

what, never a day off in 2 years

Perhaps that's why she is so well paid.  

[Liverpool Lou]

19 hours ago, Artisi said:

19 hours ago, Liverpool Lou said:

"...she has earned it"

She hasn't been doing it out if the goodness of her heart, she been well paid for doing it!

Did you collect any retirement plan or pension plan after being being well paid for years?

Yes, funded it myself from my earnings, why do you ask?    

 

You seem to be under the impression that maids in Thailand generally have pension plans provided by their employers, any reason for that?

[Artisi]

3 minutes ago, Liverpool Lou said:

Yes, funded it myself from my earnings, why do you ask?    

 

You seem to be under the impression that maids in Thailand generally have pension plans provided by their employers, any reason for that?

Why would you ever come to that understanding, the question was did YOU end up with a pension or  retirement plan.