Resignation Form

[trvlbum]

Hi everyone. A hotel in Patong has requested that I stop performing my duties. We have a four month contract we both would like to terminate. We drew up another contract (#2) which gave me two weeks severance pay and pay for the first two weeks. (this would have released them from their obligation to give me thrity days notice that was stated in contract #1) That was all fine and everyone signed but then they tried to make me sign a resignation form. I suspected that this would have had an effect on my ability to enforce the new contract we had just written up. Does anyone know if this is the case? I did not sign it and they were not very happy. I told them I needed a lawyer to look at it. They would not let me take the form off the property and tore up the new contract. Now we are at a stand off. To make things interesting, my work permit never got processed in the two weeks i worked there They had intended to file for me and I had filled out the papers and given them photos for a permit but they did not aquire one yet. This puts them in a bad position i think. How long does a company have to get the permit from the day the worker starts. Thanks so much for your input.

[stevemiddie]

Ask them to give you the agreed amount in cash and at the same time you will sign the resignation letter.

No WP also potentially puts you in the same position as you are not supposed to be working UNTIL you have the WP.

I,m curious to know about the 4 month contract? What work were you doing?

As for a lawyer? Mmmmmmmm that may cost you more money than you would win. You can take advice from the local Labour Law court? Their advice is free and a call from them to your employer ( if you are correct ) would normally set them straight.

Good luck anyway.

[andy1308]

As I see it you have some strong points and some weak ones too. You say you have a four-month contract. If that has been signed by a duly authorised signatory of your employer then I'm sure they have to abide by the terms of that contract. Was a period of notice included within that four-month contract? Given you've only been working for two weeks then you're not entitled to much more than a weeks pay at most under Thai labor laws.

However the problem you have is that you were working without a Work Permit. If you take this to court then that will be questioned and could land you in trouble, as the post above says. The onus is on you as the employee to make sure you have the WP before you start work, not your employer.

You need to try to talk to your employer and work out something you are both comfortable with. Why not draw up a contract that says you will formally resign after receipt of payment of xxx ?

[Irene]

trvlbum,

I venture to guess that the resignation may meant to preclude you taking actions against the employer for unfair dismissal (early termination) and also for higher compensation sum. Check with the Labour Court on the standing of that first contract to find out whether you can get more compensation.

[trvlbum]

thank you everyone. in response to stevemiddie, the work is entertainment/music. thank you for the labor court info Irene. i will try to contact them today. i suppose a google will reveal them. cash to sign sounds like the best option so far..

[Chang_paarp]

Try to PM member donna she took her hotel employer to the labour court in Phuket and won!

She may be prepared to to share her lawyers information.

Look at this thread; http://www.thaivisa.com/forum/index.php?sh...156876&st=0

[trvlbum]

i wnet to siam legal and they informed me that until i had worked 120 days for a company i could not get a severance deal. they also said that the compnay was on the hook for not only the rest of december but all of jan. i returned to work and told them they need to give me 30 day notice. they did and in a few days i am free and with another months work under my belt. the consultation was free. thank you siam legal.

trvlbum