Two questions regarding Terminating an employee contract:

1: Sales People

Can you terminate a contract for a Sales Person who is under-performing (not meeting their quota) and not paying them any severance pay or less than required by Thai Labour Law (which amount would depend on employment duration).

2: Termination process

Usually for termination, the employee will actually be asked to resign, and at the same time, will be give their severance pay package.

What happen if the employee refuse to sign their resignation letter?

What happen next?

Thanks for your input.

Note:

I'm neither the employee or the employer, and no farang is involved.

When you refer to contract do you mean employement letter rather than a fixed period contract? empoyment is open ended, and you can't terminate a sales person on the basis of poor sales performance. You may try and issue three separate warning citing non-performance or whatever (being late etc) and try to dismiss without serverance, however the employee could dispute this and take you to the labour court.

For dismissal vs resignation, if you fire them with severance they don't resign, unless you can negotiate a compromise where they 'resign' to save face and you pay them a sum less than the full severance.

Thanks 123ace.

Yes, I'm referring to employment letter.

For the dismissal, does the employee has to sign any document?

My understanding is that the employee has to acknowledge receiving the dismissal letter, and if he refuse, a witness would be needed to document this, and the witness would need to sign to confirm that the employee received the letter but refused to sign.

Is that correct?

My understanding is that the employee has to acknowledge receiving the dismissal letter, and if he refuse, a witness would be needed to document this, and the witness would need to sign to confirm that the employee received the letter but refused to sign.

Is that correct?

I went through this some time back. My employment agency wanted me to sign a letter for the end of my long term contract. In doing this I would have agreed to all points including severance pay etc that was in the letter.

They did try and insist that I had to sign it but this, as I discovered, is rubbish and they just wanted to cover their bums.

I ended up sending an email only confirming I had received their letter. Subsequently I stood fast and received everything that was legally biding.

Edited June 11, 201016 yr by boggle