Wrongful Dismissal

[stament]

I had another more specific thread but wanted to start a generic one which woukd be useful for members. 

 

Having done further research it would seem clear that an employer must give one of the valid reasons listed in the act in order to dismiss you, and if they don't you are likely to win the case.  Is it really that clear-cut, i.e. 100% win in all cases for the employer when the following reasons aren't followed?

 

Said reasons according to the law are:

 

• The employee performs his/her duty dishonestly or intentionally committed a criminal offence against the employer.
• The employee willfully caused damage to the employer.
• The employee committed negligent acts which caused serious damage to the employer.
• The employee violated work rules, regulations or orders of the employer which are lawful and just, and after a written warning was given by the employer, except for in serious cases with no requirement for the employer to give warning. The written warning shall be valid for not exceeding one year from the date when the employee committed the offence.
• The employee was absent from duty without justifiable reason for three consecutive working days regardless of whether there is a holiday in between.
• The employee was sentenced to imprisonment by a final court judgment. If the imprisonment is for offences committed by negligence or a petty offense, it shall be an offense that causes damage to the employer

 

 

[KhunLA]

Get over it.  You really don't want to work for a company that doesn't want you any more for any reason.

 

Count your blessings.

[Gottfrid]

Yeah! Sure, dude! Everything is very clear cut in Thailand. They always go by the book. ????????????????????????

Edited April 19, 2022 by Gottfrid

[KhunLA]

If you expect people to 'go by the book', you're living in the wrong world, as it doesn't exist. 

 

Don't know who 'the book' is for, but glad I didn't follow it.  To many rules & regulations for me to follow, and would have limited the possibilities of the opportunities I took advantage of.

 

If you need a rule book ... you're in deep trouble.  Besides, I always found rules & regulations are there to keep you 'down' not help you succeed at anything.  They only protect the ones that wrote them.

[FritsSikkink]

8 minutes ago, KhunLA said:

If you expect people to 'go by the book', you're living in the wrong world, as it doesn't exist. 

 

Don't know who 'the book' is for, but glad I didn't follow it.  To many rules & regulations for me to follow, and would have limited the possibilities of the opportunities I took advantage of.

 

If you need a rule book ... you're in deep trouble.  Besides, I always found rules & regulations are there to keep you 'down' not help you succeed at anything.  They only protect the ones that wrote them.

What a drivel, the Labor Protection act is very fair and the Labour office will help employees to get their rights.

[KhunLA]

6 minutes ago, FritsSikkink said:

What a drivel, the Labor Protection act is very fair and the Labour office will help employees to get their rights.

That's one opinion.  30 years of being an employee, I have to disagree with you.  You'll probably rethink your ideas, after you have 30 or 40 years in.

 

Best advice I can give you ..... become SELF EMPLOYED

 

If you need protection, then you're doing everything wrong to begin with.

Edited April 19, 2022 by KhunLA

[Tropicalevo]

13 minutes ago, FritsSikkink said:

What a drivel, the Labor Protection act is very fair and the Labour office will help employees to get their rights.

That may be true as long as the employee is up to date with Social Security payments.

I have had an issue or two that were with the labour office and they have been fair, but I am dealing with Thai staff. I do not employ foreigners.

[stament]

59 minutes ago, KhunLA said:

Get over it.  You really don't want to work for a company that doesn't want you any more for any reason.

 

Count your blessings.

Agreed but that's not the point.

[FritsSikkink]

56 minutes ago, KhunLA said:

That's one opinion.  30 years of being an employee, I have to disagree with you.  You'll probably rethink your ideas, after you have 30 or 40 years in.

 

Best advice I can give you ..... become SELF EMPLOYED

 

If you need protection, then you're doing everything wrong to begin with.

It isn't an opinion, it is a fact. I am 62 and am and have been both employee as employer. I know more about this subject than you, so don't need your useless advice.

[n00dle]

1 hour ago, KhunLA said:

Get over it.  You really don't want to work for a company that doesn't want you any more for any reason.

 

Count your blessings.

its not about continuing to work for a company, its about taking them to the cleaners for wrongful dismissal.

I have several friends that have walked away from being let go with a year or more salary in the bank.  A number of years ago in Thailand I was was let go from a software multinational with 3 years salary as severance because they had no legitimate reason to let me go, so a significant severance package was their only option.

[n00dle]

1 hour ago, KhunLA said:

If you expect people to 'go by the book', you're living in the wrong world, as it doesn't exist. 

 

Don't know who 'the book' is for, but glad I didn't follow it.  To many rules & regulations for me to follow, and would have limited the possibilities of the opportunities I took advantage of.

 

If you need a rule book ... you're in deep trouble.  Besides, I always found rules & regulations are there to keep you 'down' not help you succeed at anything.  They only protect the ones that wrote them.

It would seem you have no idea how employment actually works in Thailand. Once someone makes it past the three month probation period here, it is very difficult to let them go. 

The thai labour dept is very much on the side of the employee, knowing your rights can be very profitable indeed.

[KhunLA]

34 minutes ago, FritsSikkink said:

It isn't an opinion, it is a fact. I am 62 and am and have been both employee as employer. I know more about this subject than you, so don't need your useless advice.

I think you missed my point.   Actually 2 points.  But since you are or have been an employer, the advice wasn't for you.  I must have missed your other post.

 

1. if the company doesn't want or need you, and fires you for whatever reason or none at all, then you really don't want to work for them.  I got fired from a job, because the guy in HR wanted to hire his nephew, and I know this, because I was talking to him in the break room, prior being called in to get the axe.  I was a new employee, and much better than more than a few co-workers.  Didn't care, and moved on.

 

2.  If the company doesn't need you, then you probably aren't making much money, as any idiot can fill that position.  Sadly, there's a minimum wage for a reason, or they, any company, would pay you less if they could, and do you really want to work for such a company.   Same with wage scales that have a top out.  And a bit limiting, as you'll never get paid what you think you're worth. 

 

Good companies, and I'm being kind, are smart enough to pay you a starting salary you're happy with when getting, and enough later on, to keep from looking elsewhere, as usually a cut in salary to start again, elsewhere.   One you now, probably can't afford, even though your salary doesn't keep up with inflation.   

 

If you have value to the company, then they'll want to keep you, with incentives, knowing you have a marketable skill others will pay for.  If you don't, then you're simply on the hamster wheel till you can figure a way off.

 

Hence the advice of self employment, which you obviously don't need, as an employer, you realize everything I express. 

 

For others ...  Only YOU will pay YOU what you are worth.  Which case if needing some motivation & discipline, may want to watch that Joe Rogan vid posted ... ????

 

The 'I'm a Loser' title seems to be clickbait, as usual, and seems he may have something of interest to say, if needing.  Shame they go with clickbait titles, as many will give it a pass, instead of titleling it properly ...  Motivation & discipline traits, ideas that helped me.  Go figure.

 

 

 

 

Edited April 19, 2022 by KhunLA

[KhunLA]

32 minutes ago, n00dle said:

It would seem you have no idea how employment actually works in Thailand. Once someone makes it past the three month probation period here, it is very difficult to let them go. 

The thai labour dept is very much on the side of the employee, knowing your rights can be very profitable indeed.

There's fine line between protectionism, and abuse of.   Not the biggest fan of unions, even though being in a few, and the one protected my pension, of bankrupted company, the pittance that it is, since vested.

 

But they also protected too many employees, union members, that should have been fired, but weren't or couldn't, because of union intervention.  IMHO

Edited April 19, 2022 by KhunLA

[n00dle]

41 minutes ago, KhunLA said:

I think you missed my point.   Actually 2 points.  But since you are or have been an employer, the advice wasn't for you.  I must have missed your other post.

 

1. if the company doesn't want or need you, and fires you for whatever reason or none at all, then you really don't want to work for them.  I got fired from a job, because the guy in HR wanted to hire his nephew, and I know this, because I was talking to him in the break room, prior being called in to get the axe.  I was a new employee, and much better than more than a few co-workers.  Didn't care, and moved on.

 

 

 

 

 

All of what you have said is entirely secondary to the topic of wrongful dismissal in Thailand.

If the example i did not edit out of your post happened in Thailand, you would have moved on with a decent payout. As a personal example  prime  example out of this. I worked for years for a company at a very decent salary. That company was bought by a US multinational. They laid plans to outsourced my job 2 years after  taking over. 

Because they had no grounds to let me go, they asked me to resign. I refused. Not because I wanted to stay, but because I knew they would have to settle. They did and I also "moved on" with the equivalent of a few years salary in my pocket.  
 
After that I actually ended up working with them as an independent contractor doing far less for more money for another 2 years.  I have never worked for another company since, though i still work with many companies on my own terms, but that is not the point.

The point is you have excellent recourse against wrongful dismissal in Thailand if you understand your rights. 

Edited April 19, 2022 by n00dle

[n00dle]

Delete duplicate post

Edited April 19, 2022 by n00dle

[akda]

On 4/19/2022 at 1:07 PM, n00dle said:

All of what you have said is entirely secondary to the topic of wrongful dismissal in Thailand.

If the example i did not edit out of your post happened in Thailand, you would have moved on with a decent payout. As a personal example  prime  example out of this. I worked for years for a company at a very decent salary. That company was bought by a US multinational. They laid plans to outsourced my job 2 years after  taking over. 

Because they had no grounds to let me go, they asked me to resign. I refused. Not because I wanted to stay, but because I knew they would have to settle. They did and I also "moved on" with the equivalent of a few years salary in my pocket.  
 
After that I actually ended up working with them as an independent contractor doing far less for more money for another 2 years.  I have never worked for another company since, though i still work with many companies on my own terms, but that is not the point.

The point is you have excellent recourse against wrongful dismissal in Thailand if you understand your rights. 

Glad to hear this.

I am in similar situation, It will be great if you could share some insights.

Can it be done by employee or we need to hire a lawyer?

Was sending a notification by lawyer was more than enough?

Could you please share how much it costed you to hire lawyer? (if you hired)

 

How many days it took in total?

 

Any do's and don'ts? Any additional tips?