Probation Period Extension

[dutchweller]

I am working for a Company in Thailand

And have recently (2 days Ago) Completed my 119 days Probation period as per my contract.

Now after the Probation Period has expired ( 2 days Ago ) I have been informed (Unofficially) the management wish to extend my Probation period but have not officially be advised because "they have not had the time to do it yet"? and "They have no problems with my work performance or work in anyway"

Can this legal be done under Thai law?

Can I have my probation Period extended after it has Officially expired for no reason?

[QED]

Our staff have 3 months probation, extendable by a further month if we see fit, but it is very clear that after 3 months they are either

1. made permanent

2. dismissed, or

3. placed on a further month's probation.

Very rare it is utilized because if we are still that doubtful of their suitability after 3 months we simply let them go.

You must know in yourself if you have lived up to expectations, and if this is justified or not.

[dutchweller]

Our staff have 3 months probation, extendable by a further month if we see fit, but it is very clear that after 3 months they are either

1. made permanent

2. dismissed, or

3. placed on a further month's probation.

Very rare it is utilized because if we are still that doubtful of their suitability after 3 months we simply let them go.

You must know in yourself if you have lived up to expectations, and if this is justified or not.

Yes I am very Sure I have lived up to expectation.

In fact When I was unofficially informed of the pending extension They reiterated to me that it was "By no means Due to Poor performance or my Ability"

But they also could give no reason as to why they were doing it..

Also When I asked HR about the difference Contractually or Financially between me being on Probation or not being on probation they answered " Absolutely Nothing at all"

So I am left wondering is there some Thai Law hidden in the back ground that may be evoked while I am on Probation? and the company wishes to hold on this For a further 1-2 months for what ever reason?

[ricwoo09]

Our staff have 3 months probation, extendable by a further month if we see fit, but it is very clear that after 3 months they are either

1. made permanent

2. dismissed, or

3. placed on a further month's probation.

Very rare it is utilized because if we are still that doubtful of their suitability after 3 months we simply let them go.

You must know in yourself if you have lived up to expectations, and if this is justified or not.

Yes I am very Sure I have lived up to expectation.

In fact When I was unofficially informed of the pending extension They reiterated to me that it was "By no means Due to Poor performance or my Ability"

But they also could give no reason as to why they were doing it..

Also When I asked HR about the difference Contractually or Financially between me being on Probation or not being on probation they answered " Absolutely Nothing at all"

So I am left wondering is there some Thai Law hidden in the back ground that may be evoked while I am on Probation? and the company wishes to hold on this For a further 1-2 months for what ever reason?

[ricwoo09]

As a manager I understand that if I dismiss an employee who is on probation then that is that BUT if I dismiss a permanent employee than the company must usually pay compensation [unless the employee has done something especially terrible like steal money]. Your company are avoiding paying compensation at a future date. Compensation is calculated from the day you become a permanent employee.

[KHUNDAN]

As a manager I understand that if I dismiss an employee who is on probation then that is that BUT if I dismiss a permanent employee than the company must usually pay compensation [unless the employee has done something especially terrible like steal money]. Your company are avoiding paying compensation at a future date. Compensation is calculated from the day you become a permanent employee.

Compensation (Severance Pay) goes all the way back to your first day of employment if you are terminated after the 119 day probation period not as of the day you become permanent! The only Legal way around this is if you have documentation that the employee violated work rules and was counseled as such and has received both verbal and written warning letters. Unless the employee violates the articles in Section 119 of the Thai Labour Act....

Dan

[Prudent_rabbit]

As a manager I understand that if I dismiss an employee who is on probation then that is that BUT if I dismiss a permanent employee than the company must usually pay compensation [unless the employee has done something especially terrible like steal money]. Your company are avoiding paying compensation at a future date. Compensation is calculated from the day you become a permanent employee.

Once you have worked 120 days you are entitled to 30 days wages if you are let go, the ONLY way a company can not legally pay you is if you worked under 120 days or they have on file, documentated proof that you

1) performs duties dishonestly or intentionally commits a criminal act against the employer;

2) intentionally causes employer to suffer losses;

3) performs act of gross negligence which causes employer to suffer severe losses;

4) violates employer's work rules or regulations or orders which are legal and fair after the employer has already given a written warning, except in serious situations in which case the employer is not required to give written warning;

5) neglects duties for 3 consecutive work days without reasonable cause, whether or not there is a holiday intervening in such period; or

6) has been imprisoned by final judgement except for offences arising out of negligent acts or for petty offences.

Other than that the extension of your probation means nothing, apart from the fact your days may well be numbered, if they do let you go, they may well say "you are on probation, so no entltlement", if that is the case, get in touch with a lawyer that specialises in these cases and put your claim in. The law is on your side, Foreign or Thai makes no difference. Good site for future reference Labor law in Thailand

[dutchweller]

As a manager I understand that if I dismiss an employee who is on probation then that is that BUT if I dismiss a permanent employee than the company must usually pay compensation [unless the employee has done something especially terrible like steal money]. Your company are avoiding paying compensation at a future date. Compensation is calculated from the day you become a permanent employee.

Once you have worked 120 days you are entitled to 30 days wages if you are let go, the ONLY way a company can not legally pay you is if you worked under 120 days or they have on file, documentated proof that you

1) performs duties dishonestly or intentionally commits a criminal act against the employer;

2) intentionally causes employer to suffer losses;

3) performs act of gross negligence which causes employer to suffer severe losses;

4) violates employer's work rules or regulations or orders which are legal and fair after the employer has already given a written warning, except in serious situations in which case the employer is not required to give written warning;

5) neglects duties for 3 consecutive work days without reasonable cause, whether or not there is a holiday intervening in such period; or

6) has been imprisoned by final judgement except for offences arising out of negligent acts or for petty offences.

Other than that the extension of your probation means nothing, apart from the fact your days may well be numbered, if they do let you go, they may well say "you are on probation, so no entltlement", if that is the case, get in touch with a lawyer that specialises in these cases and put your claim in. The law is on your side, Foreign or Thai makes no difference. Good site for future reference Labor law in Thailand

Thanks Guys

So basically If in the next few days they come to me and ask me to sign some paper saying I agree to allow them to extend my probation I should refuse as the only reason they would want this is to have a legal out to terminate without Compensation.

[Prudent_rabbit]

Thanks Guys

So basically If in the next few days they come to me and ask me to sign some paper saying I agree to allow them to extend my probation I should refuse as the only reason they would want this is to have a legal out to terminate without Compensation.

If you have worked in excess of 120 days it makes no difference whether you are on probation so whty make a fuss, however I would ask for documentated evidence of why

[bkkjames]

 Exactly, sounds fishy (pla raaa kind) to me. Not working in media by chance OP? 

[dutchweller]

Exactly, sounds fishy (pla raaa kind) to me. Not working in media by chance OP?

No not Media but Tourism /hospitality...

"If you have worked in excess of 120 days it makes no difference whether you are on probation so whty make a fuss, however I would ask for documentated evidence of why"

Prudent_rabbit

So you say even if I agree to extending probation at their request I would be elagable for Termination compensation at a future date?

Other than that the extension of my probation means nothing and legally if they do terminate they cannot say "you are on probation, so no entitlement"?

[Prudent_rabbit]

So you say even if I agree to extending probation at their request I would be elagable for Termination compensation at a future date?

Other than that the extension of my probation means nothing and legally if they do terminate they cannot say "you are on probation, so no entitlement"?

[/size][/color]

Yes that is correct, they may be using the probation clause to convince you that you are not a permanent employee but 120 days+ you are entitled. However, I wouldnt just roll over and let them tickle your belly, ask for documentated reasons why its being extended