Can Termination Notice Be Canceled?

[cgphuket]

I have been working for a Thai owned company for 1.5 years (not fixed term, standard employment). The company was closing and I was given verbal notice two months prior and written notice one month prior. I am expecting 3 months severance pay. Now the company is talking about staying open an additional month and wants me to stay on (they said this with 4 days left to go before supposed to be done). I have interviews for new jobs in another city, leased a new house and made plans to move and don't want to stay where I am. My question is, if I refuse to stay on and stick to their termination notice, can they claim I was a voluntary quit and with hold my severance pay? I think this is what they might be trying to do... I could not find any info on this and want to cover my back.

[fstarbkk]

Since you have an official document from the company notifying you of the termination dates, I believe you wuld need to consent to a change. Nevertheless, if you don't want to spring for a lawyer, I would contact the labour department, who should be able to clear this up and maybe even help you motivate your employer to do the right thing. Good luck!

[cgphuket]

Since you have an official document from the company notifying you of the termination dates, I believe you wuld need to consent to a change. Nevertheless, if you don't want to spring for a lawyer, I would contact the labour department, who should be able to clear this up and maybe even help you motivate your employer to do the right thing. Good luck!

Thanks. I want to wait a bit to give them a a chance to be fair. will see what happens.

[dddave]

Have they been generally honest and above board with you and others in the past? That should be your basic indicator if there is anything to worry about.

[harrry]

If you work even one day over the notice will be void so you cannot claim they terminated you.

[ThaidDown]

Since you have an official document from the company notifying you of the termination dates, I believe you wuld need to consent to a change. Nevertheless, if you don't want to spring for a lawyer, I would contact the labour department, who should be able to clear this up and maybe even help you motivate your employer to do the right thing. Good luck!

Thanks. I want to wait a bit to give them a a chance to be fair. will see what happens.

I think that you should visit the labour department first, not to make any official complaint, but just to see what the rules are in this situation and what you should do and not do as your response if they try to rescind the notice.

An incorrect action on your part may affect the severance pay.

[Soutpeel]

Since you have an official document from the company notifying you of the termination dates, I believe you wuld need to consent to a change. Nevertheless, if you don't want to spring for a lawyer, I would contact the labour department, who should be able to clear this up and maybe even help you motivate your employer to do the right thing. Good luck!

Thanks. I want to wait a bit to give them a a chance to be fair. will see what happens.

I think that you should visit the labour department first, not to make any official complaint, but just to see what the rules are in this situation and what you should do and not do as your response if they try to rescind the notice.

An incorrect action on your part may affect the severance pay.

If you have received written notice of your termination date, you can hold them to that, and you would have to agree to any changes they want to make, so even if you did leave on your "official" final day, and not stay on they could not withhold severance in this instance...as regards the other poster suggesting you work one day over your notice period, if you did this....this would infer you accepted the change in your termination date and they could suggest you actually walked out of the job and you would get no severance.

[Gary A]

Are you sure about the three months severance pay? I have a friend who was terminated and he got a month for every year he was employed.

[barryw52]

An employee terminated without a valid cause as stipulated by law is entitled to receive the following severance pay:

• 30 days’ wages where the employment period is at least 120 days but is less than one year.
  
• 90 days’ wages where the employment period is at least one year but is less than three years.
  
• 180 days’ wages where the employment period is at least three years but is less than six years.
  
• 240 days’ wages where the employment period is at least six years but is less than ten years.
  
• 300 days’ wages where the employment period is ten years or more.
  

[Swiss1960]

An employee terminated without a valid cause as stipulated by law is entitled to receive the following severance pay:

• 30 days’ wages where the employment period is at least 120 days but is less than one year.
  
• 90 days’ wages where the employment period is at least one year but is less than three years.
  
• 180 days’ wages where the employment period is at least three years but is less than six years.
  
• 240 days’ wages where the employment period is at least six years but is less than ten years.
  
• 300 days’ wages where the employment period is ten years or more.
  

Problem lays in the introduction sentence.... OP states that the company is closing down... so somebody who knows the law might want to tell us whether closing a company is a valid reason for termination or not? If it is... forget the severance pay...