Contracts

[Gary]

Hello

I have signed a contract with a company and now we are both feeling it

may have been a mistake.

I have heard that under Thai and American law if we sign a contract

even if it is in the probation period that if the company wants to release

you they will still have to pay you for 3 months plus benefits is this

true?

And if it is true does anyone know the link to the information?

Any help you can provide would be of great importance thank you.

Sincerely,

Gary B.

[dr_Pat_Pong]

Hello

I have signed a contract with a company and now we are both feeling it

may have been a mistake.

I have heard that under Thai and American law if we sign a contract

even if it is in the probation period that if the company wants to release

you they will still have to pay you for 3 months plus benefits is this

true?

And if it is true does anyone know the link to the information?

Any help you can provide would be of great importance thank you.

Sincerely,

Gary B.

<{POST_SNAPBACK}>

A bit more detail might help us to comment Gary.

[Sulaphat]

I am not a lawyer nor an expert in employment matters, but I will offer the following as a starting point for you along with the recommendation that you do consult a lawyer who does know this stuff:

If the contract provided for termination benefits during the probation period, then the employer would probably have a contractual obligation to pay you those benefits.

If the contract is silent on that point, you may have some rights under Thai labor laws depending upon your employment status and your employer's status. I think that under Thai labor law there is an initial period of time in which an employer can release an employee without cause and not be liable for termination payments. You will have to check with someone more versed in this, but I think this may be as long as 90 or 120 days.

US employment laws tend to be even less favorable to employees than Thai labor laws when it comes to the subject of termination payments.

Good luck.

[Gary]

Hmm more detail well that is part of the problem there isn't much detail.

I have started a new managers position in a new company and me and the owner are not seeing eye to eye on anything. The position was suppose to be one thing but after the contract signing and 1 week of service all of a sudden everything is changed. So I just want to run for the door and I am sure the owner would help me through it.

I haven't comited any infractions it is just when we talk she feels I deal in to much detail and I feel she doesn't deal with any detail so there is no clarity from the owner. So when I turn in work it is not what she is looking for and since she doesn't talk in any detail I am getting really confused. It is coming down to we just both feel we can't work together.

What can be the out come of this since I just signed the contract it is under the 90 day probation period?

So if I am released do they still have to pay me?

I will try to give more info if needed but there really isn't that much detail to give, sorry.

[Sulaphat]

Hmm more detail well that is part of the problem there isn't much detail.

I have started a new managers position in a new company and me and the owner are not seeing eye to eye on anything. The position was suppose to be one thing but after the contract signing and 1 week of service all of a sudden everything is changed. So I just want to run for the door and I am sure the owner would help me through it.

I haven't comited any infractions it is just when we talk she feels I deal in to much detail and I feel she doesn't deal with any detail so there is no clarity from the owner. So when I turn in work it is not what she is looking for and since she doesn't talk in any detail I am getting really confused. It is coming down to we just both feel we can't work together.

What can be the out come of this since I just signed the contract it is under the 90 day probation period?

So if I am released do they still have to pay me?

I will try to give more info if needed but there really isn't that much detail to give, sorry.

<{POST_SNAPBACK}>

After one week of employment I think you may be on shaky ground as regards termination payments. Also, are you formally employed with work permit, etc?

[Gary]

Thanks for your help. I'm sorry I couldn't give more details.

My work permit is in the works.

And there is no clause in the contract about benefits if released.

Thanks again for any guidence.

Gary

[Insight]

You have to remember that all employee contracts are usually geared for the benifit (and protection) of the company, not the employee.

There should be a resignation (notice) period stated in your contract, normally between 1-3 months. This is the duration you have to remain within the company after notifying them of your desire to leave, unless otherwise is negotiated.

If you're no longer employed by a company (bound by the terms of the contract), they have no legal requirement to pay you. In this respect, they could fire you....

[meom]

I understand from the poster that both parties agree it was a mistake to sign the contract.

That being the case why go for the jugular and try to squeeze out some termination benefits which considering the short time of employment would not amount to much anyway in comparison to the salary.

My advice would be to take your salary up to the last working day and that's it.

[Ajarn]

In my experience here, under 'probation', you don't have any compensation rights of any kind, and the employer can toss you for any reason....

I've hired a few teachers under contract, but with a probation period, and let them go before the end of their probation (with cause)... Just a check for 'time served' and a "good luck!"

[Indo-Siam]

If your work permit is "in the works" then you have not yet begun legally working in Thailand. Period. No work permit, no employment. All other discussion points are moot.

'Sorry.

Steve

Indo-Siam

[Ajarn]

US employment laws tend to be even less favorable to employees than Thai labor laws when it comes to the subject of termination payments.

Good luck.

<{POST_SNAPBACK}>

I agree. The Thai labour laws are excellent in many regards, and the Thai Labour Court has a pretty good record of fairness to employees in my experience. I have had experience with the Labour Court involving 3 different farangs, and in each case it was a fair verdict, in my opinion.

As I remember it, you must be employed full time for 90 days before being eligible for compensation from termination (w/out cause) or a lay-off... It starts at a one month salary after 90 days, as I remember.

[Gary]

Indo-Siam

Thanks for the help but that’s not true you have to check out the labor laws, if you are under a contract you don’t need a work permit as long as it is being handled with in 60 days of the signing thus allowing you time to get your Non-B and other things. Taxes must be paid for any of the wages that are to be paid though.

Ajarn

Thanks for the help you are right I have also checked the American Chamber of Commerce in Thailand http://www.amchamthailand.com/acct/asp/Vie...asp?BusDocID=16 and it states at the least 120 days so I should just accept the money and chalk this one up to the lowest point in my career.

Thank you all for you help