Termination and Compensation

[racyrick]

I have worked for a company for 2 years.

They are terminating me in 30 days.

I know they will owe me compensation for 3 months salary.

My question is, when do they ned to pay me the compensation?

Do they pay the day I leave, 10 days later, 30 days later??

Thanks

[digitalchromakey]

Payment is due within 7 days of Termination, plus formal advance notice of termination should be given equivalent to the normal salary period:

In case of failure from the employer to pay the severance pay on time, interest will be assessed as follows:

The rate of 15% shall be applicable if the severance payment is not paid within 7 days.

The rate of 7% shall be applicable for the supplementary month to be paid if the employer has failed to give proper advance notice.

[racyrick]

Thank you so much for the quick reply.

I have a feeling the company will not want to pay me after termination.

Do I wait the 7 day period and then go to the labour office and file a complaint?

If so, any idea how long it takes for them to act on my complaint and get my compensation?

Thanks again

[digitalchromakey]

Thank you so much for the quick reply.

I have a feeling the company will not want to pay me after termination.

Do I wait the 7 day period and then go to the labour office and file a complaint?

If so, any idea how long it takes for them to act on my complaint and get my compensation?

Thanks again

You are eligible providing you were not on a fixed term contract.

Guess you have to wait the 7 days, before you go to Labour and your employer should be the one cancelling your WP in this case.

Do you have notice in writing?

If not they will owe you more, i.e. the due notice period plus 7%.

p..s. If you are on an extension based on Working in Thailand then your extension will be invalid the day your WP is cancelled; so you need to make plans to head for the border, or to make a 7 day extension to gain more time to leave..

[lopburi3]

Actually his extension ends on the last official day of work regardless of work permit status if he has actually extended on basis of work. He then must leave for a new entry or apply for an extension (which if no valid reason will only allow a 7 days to pack out period).

[racyrick]

Thank you again for the information.

First off, I am on an extension based on my marriage, so that is not an issue for me.

I was only notified of my termination orally and there is nothing in writing and they will not give me anything in writing.

Does that mean that I am entitled to an additional 7% compensation?

And is that based on the total 3 months compensation they owe me?

 

Thank you so much for the quick reply.

I have a feeling the company will not want to pay me after termination.

Do I wait the 7 day period and then go to the labour office and file a complaint?

If so, any idea how long it takes for them to act on my complaint and get my compensation?

Thanks again

You are eligible providing you were not on a fixed term contract.

Guess you have to wait the 7 days, before you go to Labour and your employer should be the one cancelling your WP in this case.

Do you have notice in writing?

If not they will owe you more, i.e. the due notice period plus 7%.

p..s. If you are on an extension based on Working in Thailand then your extension will be invalid the day your WP is cancelled; so you need to make plans to head for the border, or to make a 7 day extension to gain more time to leave..

 

[digitalchromakey]

Thank you again for the information.

First off, I am on an extension based on my marriage, so that is not an issue for me.

I was only notified of my termination orally and there is nothing in writing and they will not give me anything in writing.

Does that mean that I am entitled to an additional 7% compensation?

And is that based on the total 3 months compensation they owe me?

If you do not have notice in writing, you are not on a fixed contract due to end, plus you are made redundant at the end of this month, then you are owed an additional payment equivalent to the notice/salary period; it is my understanding that it is this additional 'no notice given' amount that would be subject to the 7% interest levy.

Your employer should already have formally notified you in writing as regards redundancy, or have issued the due warning letters if they are trying to fire you for a disciplinary matter.

No idea as to the effective response time for compensation, but assume weeks/months vs hours/days.

[racyrick]

Thank you again for the information.

First off, I am on an extension based on my marriage, so that is not an issue for me.

I was only notified of my termination orally and there is nothing in writing and they will not give me anything in writing.

Does that mean that I am entitled to an additional 7% compensation?

And is that based on the total 3 months compensation they owe me?

If you do not have notice in writing, you are not on a fixed contract due to end, plus you are made redundant at the end of this month, then you are owed an additional payment equivalent to the notice/salary period; it is my understanding that it is this additional 'no notice given' amount that would be subject to the 7% interest levy.

Your employer should already have formally notified you in writing as regards redundancy, or have issued the due warning letters if they are trying to fire you for a disciplinary matter.

No idea as to the effective response time for compensation, but assume weeks/months vs hours/days.

Thanks again for all your replies.

No written notice given only an oral firing and was told I have 30 days as of the other day.

No warning letters ever given and their is no disciplinary issues.

I have gotten fired just because they do not want me as an employee anymore.

No real or valid reason given other than the above.

I am sure they would say it was a cost cutting measure as a reason, I assume.

[Spoonman]

If the position has been made redundant is compensation due to the outgoing employee ?

[digitalchromakey]

Thank you again for the information.

First off, I am on an extension based on my marriage, so that is not an issue for me.

I was only notified of my termination orally and there is nothing in writing and they will not give me anything in writing.

Does that mean that I am entitled to an additional 7% compensation?

And is that based on the total 3 months compensation they owe me?

If you do not have notice in writing, you are not on a fixed contract due to end, plus you are made redundant at the end of this month, then you are owed an additional payment equivalent to the notice/salary period; it is my understanding that it is this additional 'no notice given' amount that would be subject to the 7% interest levy.

Your employer should already have formally notified you in writing as regards redundancy, or have issued the due warning letters if they are trying to fire you for a disciplinary matter.

No idea as to the effective response time for compensation, but assume weeks/months vs hours/days.

Thanks again for all your replies.

No written notice given only an oral firing and was told I have 30 days as of the other day.

No warning letters ever given and their is no disciplinary issues.

I have gotten fired just because they do not want me as an employee anymore.

No real or valid reason given other than the above.

I am sure they would say it was a cost cutting measure as a reason, I assume.

Ok, thanks. if they want to make you redundant as a cost saving and you are not on an expiring fixed contract then a redundancy payment is certainly due.

You really do need somthing from you employer in writing, but if they refuse, then I guess go to Labour with a Thai speaker and explain the situation.

Your employer is probably just hoping you will go away and disappear into the ether and not bother them anymore.

With Labour on the case, your employer will be then be notified that they will be prosecuted if they don't comply, this should wake them up the fact that they will have to cough up, one way or ther other.