Severance Pay

[yrneh527]

Hello

I am working in a jewelry company for 16 years (uninterrupted) as system administrator.

during the past 10 years, i was assigned at the head office branch in jeddah, saudi arabia.

on 2003, my employer relocated me to bangkok office and paid me paid me all what is necessary

as per the law of saudi arabia.

I joined our bangkok office on January 2003 with work-permit (renewed every two years)

and with yearly written contract as System Administrator. In short, I am now almost

6 years working in bangkok with yearly contract.

My question is, when the time comes that my employer does not want my service

anymore and not renew my contract for further year, Am I entitled to get severance pay

as per the labor law of thailand or not?

Thanks for any help on this matter.

Kind Regards,

Yrneh

[singa-traz]

YES.

[donna]

yes, you are currently working under Thai law, and you should be entitled to severance pay, the same as anyone else working in Thailand.

[torrenova]

The argument would be whether your service was classed as continuous or whether each contract was treated as an individual employment period when it came to termination pay. I think that if you remained in the same job etc. then the view is that the Labour Office would class it as continuous employment and thus, and severance pay would be fro the beginning of your tie in Thailand and not just from the beginning of your latest contract.

[PhilHarries]

It rather depends on your contract of employement in Thailand but if you are hired by a Thai company, in Thailand, have a valid work permit and pay Thai taxes you are due at least the minimum severance package.

I don't know how this would pan out if you were hired by an MNC in a country outside Thailand and posted to Thailand as an assignment. For that you need to check your contract but I would guess in that case your contract terms and conditions would govern.

[Simmo]

Relevant section of labor law.

http://www.thailabour.org/law/thai/code.html#bonus1

[yrneh527]

In addition,

In my yearly contract, my position is the same. but the date goes like this

the period of this contract is for one year beginning dd/mm/yy to dd/mm/yy.

should the employer and the employee agree to renew the contract. a new

contract shall be made in writing.

the owner of the jewelry company is a foreigner and established in bangkok since

1988.

one good thing is, my employer is paying my taxes in thailand.

meaning, we pay then he is paying us back.

Hope the info above helps to figure out the situation.

Edited December 19, 2008 by yrneh527