resignation and holidays

[thaizig]

Hi all,

I have resigned from my position and i have a notice period of 3 month. I refuse to work this period of time for my employer who has been dishonest with me and is trying to prevent me from working for another company.

At this stage, if I do not comply with my notice period, they refuse to pay me the holidays I accrued except if i take them at the end of the probation period. Is this legal? Does any one now what I could do? Can i leave tomorrow and requires my annual leave and public holidays to be included in my last settlement?

For instance:

-The title of my contract and my work permit do not match.

- At the end of my probation, I have never been noticed in writing or verbally that they would keep me.

- My contract indicated that they are responsible for my work permit and visas. My last day should be on the 4th of October. However, my visa extension expires on the 8th of September.

Please assist. It is very painful to work long hours for someone who already back stabbed you.

[Soutpeel]

It seems to me that it is in fact you who is in "breach" of your T&C's and yes seeing as you refuse to comply with the terms of your notice period, they are well within their rights to withhold things like holiday pay, if you are on a 3 month notice period with your current company you cannot work for another company anyway, unless your current copany agrees to it

as regards the specific's you raise:

The title of my contract and my work permit do not match...nothing unusual in this with reference to Thailand and to do with the "job title" the DOL want to see for the WP

At the end of my probation, I have never been noticed in writing or verbally that they would keep me....they dont need to.... the fact is they havent told you they are not getting rid of you already infer's legally they are keeping you

Can i leave tomorrow and requires my annual leave and public holidays to be included in my last settlement?....not if you are in breach of your 3 month notice period, they are not obligated to pay you for the annual leave and public holiday's.

Seems to me based on the info given, the company is acting in a proper manner

[Stradavarius37]

Thaizig's first ever post - not very impressive from a fact basis. Better luck next time!