What compensation could be expected after an unfair dismissal? (Government School)

[alesaldana]

Hello everyone, as the title says, what kind of compensation could I expect after being fired without notice or warning?

I have been living and working in Thailand for more than 10 years but this is the first time something like this has happened. As all of us know, there are 2 kinds of compensation in Thailand:

1. What the law says (15 days notice, written warnings, etc.)

2. What the person can claim (anxiety, stress, loss of future earnings, main family support)

 

So, what could I expect to receive if my case goes to Labour Court, and what could I expect if it is “amicable” settled?

 

Thanks.

[Mike Lister]

There are several other threads in this section asking similar questions, you may wish to read those first.

[Skipalongcassidy]

5 minutes ago, alesaldana said:

Hello everyone, as the title says, what kind of compensation could I expect after being fired without notice or warning?

I have been living and working in Thailand for more than 10 years but this is the first time something like this has happened. As all of us know, there are 2 kinds of compensation in Thailand:

1. What the law says (15 days notice, written warnings, etc.)

2. What the person can claim (anxiety, stress, loss of future earnings, main family support)

 

So, what could I expect to receive if my case goes to Labour Court, and what could I expect if it is “amicable” settled?

 

Thanks.

Read your contract... it should be clearly outlined there.

[FritsSikkink]

Starts at page 38:

Labour_Protection_Act_BE2541.pdf

[stament]

Counts as wrongful dismissal.  Not sure you can claim for part (2) in your post that is outside of wrongful dismissal. They must pay your holiday.

[alesaldana]

Thank you very much for your useful answers @FritsSikkink @stament

Edited February 1 by alesaldana

[jippytum]

You should refer your case to the local labour tribunal. They will review your case and award a binding compensation award settlement if  warrented. 

Our condo management have dealt with the tribunal on occasion after appeals from former dismissed employees. 

[alesaldana]

15 minutes ago, jippytum said:

You should refer your case to the local labour tribunal. They will review your case and award a binding compensation award settlement if  warrented. 

Our condo management have dealt with the tribunal on occasion after appeals from former dismissed employees. 

Thank you, ...

[Kinnock]

This is my personal view based on experience over several years .....

 

The Labour Department is very employee focussed, and ex-pat workers have the same rights as Thai nationals (assuming you have a valid work permit).

 

Unless you are dismissed for an illegal act or other serious issue, you should get 30 days notice plus a month per year of continuous service.  On top of this you can claim several additional months pay based on the unfair dismissal and your personal situation.

 

The officer will suggest a reasonable amount of compensation, and this will be communicated to your employer.  If your employer does not agree, they will have to appear in person at the Labour Court for the hearing.  

 

In practice the employer will not want to go to Court, so there's a good chance of getting the agreed amount.

 

It helps to show your monthly expenditure to indicate the financial impact.

 

Hope it goes well for you.

[Dave0206]

Your not that bald British guy in the news 🙄  only joking I hope you get a settlement that your case deserves 

[alesaldana]

On 2/1/2024 at 7:08 PM, Kinnock said:

This is my personal view based on experience over several years .....

 

The Labour Department is very employee focussed, and ex-pat workers have the same rights as Thai nationals (assuming you have a valid work permit).

 

Unless you are dismissed for an illegal act or other serious issue, you should get 30 days notice plus a month per year of continuous service.  On top of this you can claim several additional months pay based on the unfair dismissal and your personal situation.

 

The officer will suggest a reasonable amount of compensation, and this will be communicated to your employer.  If your employer does not agree, they will have to appear in person at the Labour Court for the hearing.  

 

In practice the employer will not want to go to Court, so there's a good chance of getting the agreed amount.

 

It helps to show your monthly expenditure to indicate the financial impact.

 

Hope it goes well for you.

Excellent and very informative answer, thank you very much @Kinnock. As a matter of fact, today we have done most of the things that you have mentioned, we went to the Labour office, the Secondary Level Education Office (it is in charge of all the high-school schools in the province) (we are not in Bangkok), and even to the Police. All these were recommended by our lawyer.

[alesaldana]

22 hours ago, Dave0206 said:

Your not that bald British guy in the news 🙄  only joking I hope you get a settlement that your case deserves 

Thankfully in this case I am the good guy 😂😂

[Neeranam]

A friend of mine was fired from a govt school after 18 years.  He was given no warning and notice and took his case to the top courts and lost. 

I think it was because of the the yearly contracts. 

[Neeranam]

If the School is a government agency under the Ministry of Education which is the central administration. Therefore, the School is exempted from the application of the LPA. Additionally, there is also Clause 3 of Ministerial Regulation, B.E. 2551 which states that severance pay and other benefits under LPA shall not be applicable to employee of government administrations which further confirmed the fact that an employee of government is not entitled to severance pay of the LPA

[alesaldana]

10 hours ago, Neeranam said:

A friend of mine was fired from a govt school after 18 years.  He was given no warning and notice and took his case to the top courts and lost. 

I think it was because of the the yearly contracts. 

In my case, they breached the contract, ending it with a termination letter “handed” to me through a message on a chat app, on the same day they wanted me out of the school. I hope all these play on my favor.

[Neeranam]

1 hour ago, alesaldana said:

In my case, they breached the contract, ending it with a termination letter “handed” to me through a message on a chat app, on the same day they wanted me out of the school. I hope all these play on my favor.

Did they give a cause? 

If they don't have cause you might get 1 month for every year you worked there. 

Go to labour office but in my experience large govt schools have friends there. 

 

There's a Facebook group which might help you. 

https://www.facebook.com/groups/2837460663003519/?ref=share

[alesaldana]

59 minutes ago, Neeranam said:

Did they give a cause? 

If they don't have cause you might get 1 month for every year you worked there. 

Go to labour office but in my experience large govt schools have friends there. 

 

There's a Facebook group which might help you. 

https://www.facebook.com/groups/2837460663003519/?ref=share

That is actually what I am fighting for, there is no reason of dismissal on the termination letter, on top of that the 2 foreign teachers were fired using the same letter, writing both names. (Only those 2 foreigners were employed at the school). A new “foreign teacher” started working the same day that we were notified. The difference is that the new teacher was hired through an agency and we were hired directly from the school. I have to add, for context that a new director was “appointed” back in October.