Staff Resignation Letter (email)

[Jared]

Ive just received an email from a member of my staff wishing to terminate there employment as of the end of this month. This literally gives me just over a weeks notice. As the staff member is only one week into a 4 week project, do I have the power to demand 4 weeks notice?

So basically Im trying to find out the law for the amount of notice and employee needs to give the employer if he wants to resign?

Thanks

Jed

[SeanMoran]

Perhaps you could double their wages?

[Chang_paarp]

Do you really want to rely on a staff member you have to force to stay on? They will probably have a position to go to.

Not convenient, a down right nuisance but let them go with their legal entitlements, no more. Hope, for their sake, they never ask for a reference.

[Jared]

Money is not an issue, they are already on good contracts.

The problem is that I can not get a replacement in time to complete his work deadline, so this will heap more pressure on the rest of the staff.

Like I originally asked, does anyone know what the law is regarding notice?

[tonititan]

I have no idea about the law. I would doubt that 4 weeks notice is required (it seems like a lot), but I'm constantly surprised by some of the laws in Thailand. Hopefully someone else knows.

I agree with the other poster who suggested that the employee may not be reliable if you force him to stay. It is quite possible that he may intentionally not complete the project within the 4 week deadline. If you are somehow able to legally force him to stay, he will be angry with you. Best case scenario, he won't work as hard or as quickly as he normally would and won't finish the project, or won't provide you with a quality result. Worst case scenario, he could sabotoge the whole project and cause you even more headaches.

[Bedrockguesthouse]

Hi Jed

What was his notice period in his employment letter. It should state 4 weeks notice is required. If nothing stated then you have a problem. Also his employment letter should be signed by the employer and employee which is the document agreement between both parties.

Anyway i think the other guys are right if you do force him to stay he will probably call in sick. I managed about 900 people (directly/indirectly) in Bangkok. When we were faced with similar situations we would try to respectfully ask the people to stay on until we can re-organise things and if that wasnt possible we let them go earlier than they requested. This allows everyone to refocus

Under the Thai labour law it says the notice period must be mentioned in the employment letter...

Good luck brgds Mark

[midasthailand]

Experience in my current company would indicate that no matter what is written, if a Thai wants to leave the company, they get their pay at the end of the month and just don't bother to show up on the next working day! This has happened with three employees in the last few months. Very annoying habit, as it leaves the position vacant whilst a replacement is recruited.

Edited February 18, 2010 by midasthailand

[Jared]

Thanks for your replies guys.

I've put my foot down and told him im happy to accept his resignation letter and that he has to give me 30 days notice before he can leave. I told him the date he can leave and that if he leaves before then he wont be paid.

[krading]

Usually the amount of notice required, if not stated in the contract, is the same as the pay period. If he gets paid monthly then it's a month notice.

[Who, me ?]

Thanks for your replies guys.

I've put my foot down and told him im happy to accept his resignation letter and that he has to give me 30 days notice before he can leave. I told him the date he can leave and that if he leaves before then he wont be paid.

If you pay him monthly, expect him to be gone March 1st then !

[mxyz250newb]

so was there a notice in his employment letter? if not I sure hope he doesnt read thai visa

[SeanMoran]

Thanks for your replies guys.

I've put my foot down and told him im happy to accept his resignation letter and that he has to give me 30 days notice before he can leave. I told him the date he can leave and that if he leaves before then he wont be paid.

What is the reason for leaving?

[SM7WGP]

When you pay the salary at the end of the month keep 40 percent of it and give that when he Finnish or he will not return 1 march.

[Jared]

Reason for leaving? No idea of the real reasons but hes probably just home sick or hes found another job, not sure really.

I wasn't planning on paying him anything until his 30days notice are up but ill probably keep a % to make sure he returns after 1st of march as mentioned, thanks.

Hes not great loss to the company, recent grad, over payed, late every morning, missed deadlines all the time, bad attitude BUT I dont have the time to get anyone else in and train them for this project if he leaves before 30 days.

[SeanMoran]

Reason for leaving? No idea of the real reasons but hes probably just home sick or hes found another job, not sure really.

I wasn't planning on paying him anything until his 30days notice are up but ill probably keep a % to make sure he returns after 1st of march as mentioned, thanks.

Hes not great loss to the company, recent grad, over payed, late every morning, missed deadlines all the time, bad attitude BUT I dont have the time to get anyone else in and train them for this project if he leaves before 30 days.

It might help to amicably solve this problem for the both of you if you can discuss the reason that he is leaving, and perhaps if it's possible, overcome that obstacle by working together, but from the sounds of that, you hired the wrong man, and that's what you get for it.

[MyphuketLife]

Reason for leaving? No idea of the real reasons but hes probably just home sick or hes found another job, not sure really.

I wasn't planning on paying him anything until his 30days notice are up but ill probably keep a % to make sure he returns after 1st of march as mentioned, thanks.

Reason for leaving is probably having a boss like you. He is paid monthly yet now you just plan on not paying ontime or holding a percent to force him to stay?

If he wants to quit he can quit, why would you treat it like he HAS to stay because you SAY so? He is not a SLAVE is he?

Get over yourself, people come and go all the time in workplaces, you can't make them stay and shouldn't try to. People like you really make me sick.

[yabaaaa]

Reason for leaving? No idea of the real reasons but hes probably just home sick or hes found another job, not sure really.

I wasn't planning on paying him anything until his 30days notice are up but ill probably keep a % to make sure he returns after 1st of march as mentioned, thanks.

Reason for leaving is probably having a boss like you. He is paid monthly yet now you just plan on not paying ontime or holding a percent to force him to stay?

If he wants to quit he can quit, why would you treat it like he HAS to stay because you SAY so? He is not a SLAVE is he?

Get over yourself, people come and go all the time in workplaces, you can't make them stay and shouldn't try to. People like you really make me sick.

OK so at any time the boss can tell the employee sorry your job is finished tomorrow? it's ok right? works both ways.

[jdinasia]

If the OP illegally withholds wages, the employee will simply go to the department of labor and force the payment.

[SeanMoran]

If the OP illegally withholds wages, the employee will simply go to the department of labor and force the payment.

At least he had the courage to email you a week and a few days in advance to do the right thing by you. Given tomorrow and Saturday and all of next week to find a replacement, it's not anyone else's problem if you don't know how to find a replacement by next month.

If you're really stuck for an answer, I'll come and finish the project for you, cash in advance.

[Phil Conners]

I believe both parties have one months notice per year in employment, up to a certain number of months, i.e. after 3 years employment the notice is 3 months. Anyway ask your accountants, they should know.

[dave111223]

Consider yourself lucky you received any notice at all.

In my experience with most Thai employees you find out when they don't show up on the day after pay day and do not answer their cellphone...

Or you notice their coffee cup has disappeared.

Edited February 18, 2010 by dave111223

[givenall]

May be should tell us the job and how much is the pay and you probably can find a replacement fast and may even a qualify one

[SeanMoran]

May be should tell us the job and how much is the pay and you probably can find a replacement fast and may even a qualify one

Better still, put him on, so we might get both sides of the story.

[MyphuketLife]

Reason for leaving? No idea of the real reasons but hes probably just home sick or hes found another job, not sure really.

I wasn't planning on paying him anything until his 30days notice are up but ill probably keep a % to make sure he returns after 1st of march as mentioned, thanks.

Reason for leaving is probably having a boss like you. He is paid monthly yet now you just plan on not paying ontime or holding a percent to force him to stay?

If he wants to quit he can quit, why would you treat it like he HAS to stay because you SAY so? He is not a SLAVE is he?

Get over yourself, people come and go all the time in workplaces, you can't make them stay and shouldn't try to. People like you really make me sick.

OK so at any time the boss can tell the employee sorry your job is finished tomorrow? it's ok right? works both ways.

It should work both ways, and people get fired all the time without notice. I have people work for me and don't have this issue. I have quit a few jobs in the past and only one did I not give a 30 day notice, because the boss was a b@st@rd. If you treat employees good, and are reasonable 99.99% will feel obligated to you to give a fair notice, and feel bad for leaving period.

When you get bosses with attitudes like the OP displayed on this forum, it’s no surprise he is in this predicament. Asking how to FORCE someone to work for them, talking about with holding salary rightfully earned, and when asked why he quit saying “Reason for leaving? No idea” speaks for its self. Maybe the OP should start up shop in Burma or North Korea, I hear you can FORCE labor in those countries.

[SeanMoran]

Reason for leaving? No idea of the real reasons but hes probably just home sick or hes found another job, not sure really.

I wasn't planning on paying him anything until his 30days notice are up but ill probably keep a % to make sure he returns after 1st of march as mentioned, thanks.

Reason for leaving is probably having a boss like you. He is paid monthly yet now you just plan on not paying ontime or holding a percent to force him to stay?

If he wants to quit he can quit, why would you treat it like he HAS to stay because you SAY so? He is not a SLAVE is he?

Get over yourself, people come and go all the time in workplaces, you can't make them stay and shouldn't try to. People like you really make me sick.

OK so at any time the boss can tell the employee sorry your job is finished tomorrow? it's ok right? works both ways.

It should work both ways, and people get fired all the time without notice. I have people work for me and don't have this issue. I have quit a few jobs in the past and only one did I not give a 30 day notice, because the boss was a b@st@rd. If you treat employees good, and are reasonable 99.99% will feel obligated to you to give a fair notice, and feel bad for leaving period.

When you get bosses with attitudes like the OP displayed on this forum, it's no surprise he is in this predicament. Asking how to FORCE someone to work for them, talking about with holding salary rightfully earned, and when asked why he quit saying "Reason for leaving? No idea" speaks for its self. Maybe the OP should start up shop in Burma or North Korea, I hear you can FORCE labor in those countries.

In this case, the employee HAS gone to the trouble of giving fair notice, more than a week before the end of month. It is not human to be much more honest than that, and still the overseer has no idea of WHY this man is leaving. I have a few ideas already about why it might be difficult to find a replacement, but at this point it is still just a gut feeling.

Without hearing the other side, it is still quite clear who is the bad guy here. No wonder the staff want to go.

[manjara]

In my experience, Thais usually resign by not turning up, so 1 week notice is a lot!

The propensity to quit is one of the reasons many Thai companies hire more people than they need. I presume you are not paying them western wages, therefore I would say that you probably should mitigate risk and employ 25% more people than you think you need. That way, his resigning would not have created an insurmountable problem.

It does sound like you are the boss from hel_l though; definitely lacking on the soft skills! No regard for the person or his reasons for quitting, just the effect it has on your project. You are running a creative company, wise up, creative people are tough to manage and the 'big stick' NEVER works!

[Jared]

Whats with all the Drama people, this isnt the Jerry Springer show!

All I wanted to know were my options regarding the situation.

How much he gets paid, what his job role is, why he's leaving, if I'm a <deleted> or not, that's all a private matter.

End of discussion at my end, thank you for all of your comments.

[SeanMoran]

Whats with all the Drama people, this isnt the Jerry Springer show!

All I wanted to know were my options regarding the situation.

How much he gets paid, what his job role is, why he's leaving, if I'm a <deleted> or not, that's all a private matter.

End of discussion at my end, thank you for all of your comments.

That's better.

[jdinasia]

Whats with all the Drama people, this isnt the Jerry Springer show!

All I wanted to know were my options regarding the situation.

How much he gets paid, what his job role is, why he's leaving, if I'm a <deleted> or not, that's all a private matter.

End of discussion at my end, thank you for all of your comments.

As far as I can see, you have no option other than to pay him on time and hope he stays. If his contract calls for 1 month notice then (AFAIK) he is not entitled to severence pay. That is the only thing you appear to be entitled to withhold and even then the the MoL may decide he is entitled to it. (your protection on that is the email --- don't delete it!)

[MyphuketLife]

Whats with all the Drama people, this isnt the Jerry Springer show!

All I wanted to know were my options regarding the situation.

How much he gets paid, what his job role is, why he's leaving, if I'm a <deleted> or not, that's all a private matter.

End of discussion at my end, thank you for all of your comments.

Actually it is part of the conversation, in Thailand an employer does have to pay a severance package based on the number of years a person worked, but can be avoided depending on the documented reason(s) for letting the employee go.

Now if there is a Thai law on the books that allows an employer to FORCE labor (Not sure there is, and hope not), then the reason for the employee wanting to quit would probably also apply to the rules no?

Something tells me this won’t be the last time you find yourself short staffed.