Severance Pay

[kiwikoppy]

Hello all,

I have a small request, does anyone know about the following.

My ex-boss told me that when a company is doing very bad and it is necessary to shrink their work force, they can ask for permission to layoff their employees and then they do not have to pay severance pay for the people they layoff. I can understand this and it might be true according to the Thai Law.

However do they have to request this permission before laying off their employees or can they also do this after the employees are already fired?

I hope some one can help me with this, as i am in a situation with my old employer, besides the severance pay they are not willing to pay my 13th month, which in my contract is stated as a 13th month and not a bonus, so I should receive this no matter how well the company is doing.

What will my chances be when I sue them?

Hope to get some advise from you.

thanks

kiwi

[Mario2008]

I have moved your topic, as you posted in the visa section.

I suggest you contact your labour office for more information. They are their to help you and will advice you of your rights.

[quiksilva]

It all depends on how long you worked there.

You will be entitled to compensation though.

See this post for details:

http://www.thaivisa.com/forum/Dont-Renew-C...ct-t174807.html

[chivo]

i have a somewhat related question if anyone knows, if my contract states that i am entitled to 3 months severance, yet i have served over 3 years (thus entitling me to 6 months according to thai law) does one overrule the other?

[kiwikoppy]

i have worked in the company for 2 years, which means i am entitled to 3 months of severance pay.

however my ex-boss said that he according to the thai law, a company can request the allowence of laying off a part of his workforce due to a substancial fall in business (business went down around 70%) without having to pay severance pay.

is this actually true by thai law or is this a lie, hoping I would not find out and sue them?

[Mario2008]

As said, contact your local labour office. They know the answer and if your employer is mistaken they will help you get the money. If necesarry they will help you to go to court.

[kiwikoppy]

mario 2008

with local labour office, you mean the ministry of labour here in bangkok?

i presume so, i will let a thai person make this call for me, as out of experience they do not speak english that well

tnx for the info

[Mario2008]

No, not the ministry of labour. The labour office is the office where you applied for your WP.

[kiwikoppy]

actually i think that is the ministry of labour here in Bangkok

Thats where I had to go to sign a couple of forms (we had a lawyer handling the rest for us)

[ray08]

i have worked in the company for 2 years, which means i am entitled to 3 months of severance pay.

however my ex-boss said that he according to the thai law, a company can request the allowence of laying off a part of his workforce due to a substancial fall in business (business went down around 70%) without having to pay severance pay.

is this actually true by thai law or is this a lie, hoping I would not find out and sue them?

My understanding is that the severance allowance must be paid by law, i have laid off people and had to bite the bullet and pay ,that was my legal advice

[kiwikoppy]

Anyone can advise me a good law office to help me with this claim?

tnx for the help

[TerryLH]

Before opting for an attorney I'd suggest contacting the Labor Office and see what they can do for you.

By all accounts I've heard about, they're employee friendly. It might only take a phone call from them to your company to get the ball rolling.

It's free.

Myself, I try to use free services whenever possible, especially when their reputation is so good.

Good luck, and keep us informed of the results.

[Soutpeel]

i have worked in the company for 2 years, which means i am entitled to 3 months of severance pay.

however my ex-boss said that he according to the thai law, a company can request the allowence of laying off a part of his workforce due to a substancial fall in business (business went down around 70%) without having to pay severance pay.

is this actually true by thai law or is this a lie, hoping I would not find out and sue them?

The answer to this is pretty simple.....if there is no money in the company to pay severance, then you will not be getting any severance...you can sue....you may win...but you will be waiting a long time to get the money....

All the company has to do if the business went down 70% is to liquidate the company and although the employees will become the preferential creditors in terms of the law (ie they get paid first)...if there is no money then nobody gets paid..

[kiwikoppy]

TerryLH = I will surely do that. tnx for the advise

do you happen to have the contact details from the labour office in Bangkok?

All I can find is the Ministry of Labour.

Soutpeel = I understand that, but as the company does not declare bankrupcy and is continueing their business. I presume that won't have any effect on me

[TerryLH]

Contact the office where you got your WP. They'll probably refer you to someone else in the same building who will be able to help you.

[AlexLah]

Just remembered I had this usefull linky: http://www.ethailand.com/index.php?thai_labor_law

[kiwikoppy]

Tnx to all for their advise.

I have talked with the labour department and some lawyers and they all state that I am in my right.

I have taken a lawyer and let them send a letter to the company claiming the money.

Now it is just waiting if they react. If not we will sue them n labor court.

I will keep you all updated when something happens

[kiwikoppy]

hey guys.

My employes is getting desperate and is trying to turn things around.

He now claims that i went home on the 31ste of December and did not come to work anymore afterwards.

That i left without giving them any notice.

Cannot believe that someone that i have worked for for 2 years and earned alot of money for makes a problem out of a couple K's of Baht and even risks his company for it.

I will keep you updated on the court case