Selling gold - taxes

[dasarivasu]

Dear members

I worked for six years( 2006 to 2012) in Thailand Industry and contributed equal share of PF amount along with employer in American International Assurance Company Thailand. my contract with employer ended.and I have returned back to my home country.I have applied refund of my PF amount as per statement of AIA with me.

Now AIA refunded only my contribution portion i.e 50%

And the employers' portion is not paid to me

What is contributory P F ruling position in case of employee contract is ended with employer?

Am I not eligible for employers' portion?

Since I am foreigner my employer not responding properly.

How can I get my PF refund 100% back to me?

Whom should I approach?

Please advise.....

[fletchsmile]

What happens to things like your pension on leaving is something ideally best discussed with the HR department of your employer a few weeks before you leave the company, and as you're finding before you leave the country. It's also worth asking about statutory severance pay, discretionary severance pay, and how your tax will be sorted.

Specifically on your pension, different schemes have different rules from employer to employer. So best to ask your employer or AIA for a copy of the PF rules on your scheme. In my case, for the employers contribution, for someone who had remained with the company for 1 year they got 10% back, 2 years 20% back, 3 years 30% etc. If you had been over 5 years then you were entitled to 100%. These can vary though on individual schemes, and several years back the rules for the company scheme of the same employer used to go all the way to 10 years to get the full entitlement.

So in your case, the best thing is to ask your employer what happens to the employer contribution, as well as requesting a copy of the scheme rules. If you're not getting any response, escalate it and send a request to the Head of HR. You might as well try AIA at the same time. As always in Thailand, if you get ignored or don't get the answers you want and it is important to you, you may need to keep going higher up the food chain. Give the HR person a fair chance and period to respond, and if not then go to the Head of HRetc, if not their boss all the way up to CEO if significant.

[dasarivasu]

Yes I have sent several requests to my employer.They have cut my severence pay also 2 months.And now they took away employers portion from AIA. Today I met AIA people who confirmed the same. What to do how to get back my legitimate refund of PF? To whom I should complain against employer?

[PattayaParent]

Yes I have sent several requests to my employer.They have cut my severence pay also 2 months.And now they took away employers portion from AIA. Today I met AIA people who confirmed the same. What to do how to get back my legitimate refund of PF? To whom I should complain against employer?

The labour office.

[edwardandtubs]

Yes I have sent several requests to my employer.They have cut my severence pay also 2 months.And now they took away employers portion from AIA. Today I met AIA people who confirmed the same. What to do how to get back my legitimate refund of PF? To whom I should complain against employer?

The labour office.

He said he isn't in the country so that would be difficult. He could instruct a lawyer to start a claim in the Labour Court but at some stage that would involve returning to Thailand.

[fletchsmile]

Yes I have sent several requests to my employer.They have cut my severence pay also 2 months.And now they took away employers portion from AIA. Today I met AIA people who confirmed the same. What to do how to get back my legitimate refund of PF? To whom I should complain against employer?

The labour office.

He said he isn't in the country so that would be difficult. He could instruct a lawyer to start a claim in the Labour Court but at some stage that would involve returning to Thailand.

The Labour court for me would be the last course of action, and then only if amounts were worthwhile given the wait and hassle. Far better to try and agree internally with the employer.

dasarivasu,

When you say you have sent several requests to your employer, who have you been dealing with? If dealing with a lower level person in HR - anyone other than Head of Dept - you may be getting ignored for any number of reasons from personal dislike, to incompetence, to simply no idea what to do, so they ignore it and hope it goes away.

Hence I'd revert to my original advice. Explain politely but firmly for the last time to the person you are dealing with, that unfortunately if you don't get a response you will have no choice but to escalate it to their boss/ Head of HR. If still no response, then escalate it to Head of department in HR saying you are not getting any reponses from their staff. If no response then say you need to escalate to CEO and then do so if necessary. The employer has an obligation. Even though people lower down don't want to/ don't know how to do or whatever, the people near the top will recognise that. What they chose to do about it is a different matter. But exhaust the internal options first.

After the internal options you then explain to them if not resolved you now need to escalate externally by considering legal proceedings, giving them a final chance before you do so.

Remember though, you'll get the best results if you don't handle it as a win or lose battle, where you win and they lose. Avoid being confrontational, allowing them to back down/save face / change their minds, etc in a pleasant but forceful manner if preferable, eg saying it may be an oversight. The confrontation should only start at the last stage when you are going legal.

BTW IF you haven't already, get a copy of the scheme particulars/ rules, so you know your legal position and the facts....

[PattayaParent]

The majority of cases don't get to the labour court.

The labour office sends a summons to the employer to attend a meeting and explain why they are not complying with the law and then are given so many days to comply.

Only if the employer still fails to comply then it will go to the court.

[somchaimaidai]

A copy of the Thai labor law and a copy of your policy is a good start. If you want a copy of of the labor act pm me.

[dasarivasu]

please enlighten me with Thai labour law on the refund of employers portion of PF to employee with 6years service..

[dasarivasu]

The HR manager misleading the managemnet without having basic knowledge on refund.

I need the section of law(ruling position) to complain to chairman and Board of directors.

please inform the same

[somchaimaidai]

The HR manager misleading the managemnet without having basic knowledge on refund.

I need the section of law(ruling position) to complain to chairman and Board of directors.

please inform the same

Regarding your rights with respect to severance entitlements then chapter 11 of the labour act covers it. Section 130 also states some basic information on provident funds.

I am not an expert on this and all I doing is saying what I would do in your position which is it read some of the info myself and try to politely encourage the HR of your ex company by writing without emotion but allowing them to know that you have at least an awareness of your rights with reference to your provident policy and if necessary/ relevent also the Thai labour act.

If this does not work then its worth considering if you want to engage a 'professional' to do this on your behalf.

Like I say I am not an expert only trying to help out with my limited knowledge.

[dasarivasu]

Today I have reminded all the concerned to that effect.

My specific point is whether an employee is eligible for refund of employer's portion of PF if he complete 5 years service?

Since I am foreigner and rules are in Thai language they are willfully/deliberately avoiding my legitimate benefits

Please quote the ruling position to ask them strongly and refer to authority concerned for arbitration.