Redundancy Lawyers

[josephbloggs]

Hi all.

A good friend of mine was just made redundant. He was the MD of the company and also one of three directors. He was put on three months' garden leave and then will be terminated with 240 days' severance which appears to be according to the law. The company have already announced they will seek a replacement therefore the position isn't redundant, they just want somebody else who is cheaper.

Can anyone recommend a good labour lawyer in Bangkok? He would simply like to find out what his rights are (if any) and if he has to accept the settlement or can appeal or negotiate. I know in the UK you can refuse the offer and negotiate a better payout but not sure about here.

Any help or recommendations much appreciated.

[Georgealbert]

This maybe a starting point ,for your friend.

 

Sounds more like the other 2 directors staged a take other, are they Thai? Seen that happen to a few people.

 

If the friend has no large investment to lose, can’t see them getting a better offer, without encountering large legal fees, and then no guarantee.

 

https://thailawyers.com/thai-laws/thai-labor-law/

 

Hard to believe a MD who could not find their own lawyer without asking a friend to seek help on an open forum.

[josephbloggs]

50 minutes ago, Georgealbert said:

This maybe a starting point ,for your friend.

 

Sounds more like the other 2 directors staged a take other, are they Thai? Seen that happen to a few people.

 

If the friend has no large investment to lose, can’t see them getting a better offer, without encountering large legal fees, and then no guarantee.

 

https://thailawyers.com/thai-laws/thai-labor-law/

 

Hard to believe a MD who could not find their own lawyer without asking a friend to seek help on an open forum.

Thank you. The other two directors are foreign. It is a foreign owned company and part of a global organisation and he was dipatched by the regional CEO.

He can easily find his own lawyer but was I was looking at anyone with first hand experience or recommendations to help out. So thank you.

[FritsSikkink]

3 minutes ago, josephbloggs said:

Thank you. The other two directors are foreign. It is a foreign owned company and part of a global organisation and he was dipatched by the regional CEO.

He can easily find his own lawyer but was I was looking at anyone with first hand experience or recommendations to help out. So thank you.

It would be a waste of money as he is getting what is expected by law.

[josephbloggs]

4 minutes ago, FritsSikkink said:

It would be a waste of money as he is getting what is expected by law.

That is my opinion too but he wants to find out for sure. Happy to report back here when I find out what he is told.

[Georgealbert]

12 minutes ago, josephbloggs said:

Thank you. The other two directors are foreign. It is a foreign owned company and part of a global organization and he was dipatched by the regional CEO.

He can easily find his own lawyer but was I was looking at anyone with first hand experience or recommendations to help out. So thank you.

He seemed to have pi##ed someone off along the way.

 

I agree with FritsSikkink, seems the company is following labour laws. How long had he worked for them?

 

“An employee terminated without a valid cause as stipulated by law is entitled to receive the following severance pay:

 

30 days’ wages where the employment period is at least 120 days but is less than one year.

90 days’ wages where the employment period is at least one year but is less than three years.

180 days’ wages where the employment period is at least three years but is less than six years.

240 days’ wages where the employment period is at least six years but is less than ten years.

300 days’ wages where the employment period is at least ten years but is less than twenty years.

400 days’ wages where the employment period is twenty years or more.”

[josephbloggs]

6 hours ago, Georgealbert said:

He seemed to have pi##ed someone off along the way.

 

I agree with FritsSikkink, seems the company is following labour laws. How long had he worked for them?

 

“An employee terminated without a valid cause as stipulated by law is entitled to receive the following severance pay:

 

30 days’ wages where the employment period is at least 120 days but is less than one year.

90 days’ wages where the employment period is at least one year but is less than three years.

180 days’ wages where the employment period is at least three years but is less than six years.

240 days’ wages where the employment period is at least six years but is less than ten years.

300 days’ wages where the employment period is at least ten years but is less than twenty years.

400 days’ wages where the employment period is twenty years or more.”

Thanks, and no he didn't P##s anyone off, they just got rid of the highest paid people regionally and it is unwarranted (but nothing can be done).

They are following labour laws to the letter but he has been advised this can be challenged and can be negotiated (potentially, but also maybe not).

Personally I think he should take the 240 days and he doesn't have a chance of getting more, but seems there might be a possibility of negotiating. Will see.

Will post back here for everyone's information.

[Georgealbert]

5 hours ago, josephbloggs said:

Thanks, and no he didn't P##s anyone off, they just got rid of the highest paid people regionally and it is unwarranted (but nothing can be done).

They are following labour laws to the letter but he has been advised this can be challenged and can be negotiated (potentially, but also maybe not).

Personally I think he should take the 240 days and he doesn't have a chance of getting more, but seems there might be a possibility of negotiating. Will see.

Will post back here for everyone's information.

The chance to negotiate a better deal seems a good start, but if that fails I still think legal action would cost more in his time, money and effort than it may be worth in the end.

 

Challenging a global company is never easy, but he should know the background on how the company operates and conduct their business and what sort of reputation they have.

 

I know a few people who have been in similar situations and have been very stubborn in chasing a better deal, and in all but one case, the finally outcome was no better than the original offer, but in reality it was worse in wasted time, effort and cost.
 

Wish him luck. 

[FritsSikkink]

7 hours ago, josephbloggs said:

Thanks, and no he didn't P##s anyone off, they just got rid of the highest paid people regionally and it is unwarranted (but nothing can be done).

They are following labour laws to the letter but he has been advised this can be challenged and can be negotiated (potentially, but also maybe not).

Personally I think he should take the 240 days and he doesn't have a chance of getting more, but seems there might be a possibility of negotiating. Will see.

Will post back here for everyone's information.

You can always negotiate but you need to have something in hand why they should pay him more than required by law. Threatening to spill secrets will backfire. With a position that high, he should be able to negotiate by himself instead of paying a lawyer to do so.

[freeworld]

17 hours ago, josephbloggs said:

Thank you. The other two directors are foreign. It is a foreign owned company and part of a global organisation and he was dipatched by the regional CEO.

He can easily find his own lawyer but was I was looking at anyone with first hand experience or recommendations to help out. So thank you.

 

Is there evidence that the sole reason is to find somebody cheaper?

 

Was he employed by the foreign global company and sent to Thailand as an expat?

 

Presumably at such level there would be employment contracts (local and foreign) and has the company implemented the conditions in those contracts in line with Thai and foreign labour law.

Edited January 12 by freeworld