company asked me to resign

[fry30]

Hi everyone,

Last week I was informed that my company would not renew my contract, I didn't receive any warning and this morning I was called by my agency and asked if I would sign a resignation letter.

They told me that I would receive 3 months severance pay and a work certificate stating that I was a good employee if I sign the resignation letter. After thought I asked them to have a meeting with human resources and will ask a garanty.

I wonder if they are not promising anything to get my signature to actually don't pay me this severance pay. My agency said that if I don't sign it will be more difficult to find job as I would have to justify why my contract wasn't renew, look like blackmail...

My biggest question is are we entitled to severance pay when a contract is not renew? it's a one contract ending the first January

My other question is if there is no severance pay in case of non renewal, why the hell are they offering me 3 months pay to sign my resignation?

[richard_smith237]

Tell them you will be happy to sign upon receipt of your severance package.

[fry30]

Yes that's what I was thinking, I asked my boss for advice and he told me they would not give anything unless to get my signature first.

I have a meeting with the HR manager this afternoon and will try this.

[thailauren]

If you have s decent mobile phone record these convesations. They may come in handy. The law requires a company to pay 3 months severence pay to employees who have worked for 1 year.but only if they are let go not in they resign with notice.

Looks like they are trying to get out of the payment. Typical.

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[fry30]

Thanks, I have think about this too, eheh, I prepared my tablet but I would like to record the audio and be able to show her face at least a short time. I can't record if the cover is closed unless I can disable the magnet sensor.

Still I need to know if we are entitled to severance pay when a contract is not renewed, that's my main concern.

[AngelsLariat]

Re: "My biggest question is are we entitled to severance pay when a contract is not renew?"

That question has come up before in these forums though I can;t find the thread right now. As I recall,someone from Sunbelt chimed in and said that if the contract was for work in Thailand that severance pay would in fact be owed if the contract is not renewed.

[isawasnake]

I bet what they are doing, as stated, is taking a shot at getting you out. Why? I don't know. If you sign it, great for them, and I would think they are not paying severance (could be wrong). If you don't sign it, they will probably just keep you on.

[wooloomooloo]

I bet what they are doing, as stated, is taking a shot at getting you out.

I think that fact, according to the OP, is well established.

As a contractor under the employ of an agency you've little option but to accept the offer of three months pay. I'd cut my losses and run.

[scorecard]

If you have s decent mobile phone record these convesations. They may come in handy. The law requires a company to pay 3 months severence pay to employees who have worked for 1 year.but only if they are let go not in they resign with notice.

Looks like they are trying to get out of the payment. Typical.

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Are you sure it's 3 months severance for one year of service. I have doubts these numbers are correct, even logical, I think it's less than 3 months for one year service, suggest you check.

Edited November 18, 2013 by scorecard

[isawasnake]

I bet what they are doing, as stated, is taking a shot at getting you out.

I think that fact, according to the OP, is well established.

As a contractor under the employ of an agency you've little option but to accept the offer of three months pay. I'd cut my losses and run.

Well, I meant get him out without severance. Why else in the world would they bait him with that information. People don't look out for you in this world, if they do, they are trying to screw you.

[wooloomooloo]

 

I bet what they are doing, as stated, is taking a shot at getting you out.

I think that fact, according to the OP, is well established.

As a contractor under the employ of an agency you've little option but to accept the offer of three months pay. I'd cut my losses and run.

 

Well, I meant get him out without severance. Why else in the world would they bait him with that information. People don't look out for you in this world, if they do, they are trying to screw you. 

The Agent has made an offer and no mention that they were attempting to screw him over.

The offer was explicitly stated by the OP to sign the resignation letter and he will receive three months severance and a reference.

As long as the resignation letter covers the terms of severance with his signature there's little else he can do.

Would you hang about with an employer that no longer requires your services? I wouldn't. And I'd be sure I left with the maximum monies permissible and a reference. Life's too short.

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[isawasnake]

I bet what they are doing, as stated, is taking a shot at getting you out.

I think that fact, according to the OP, is well established.

As a contractor under the employ of an agency you've little option but to accept the offer of three months pay. I'd cut my losses and run.

Well, I meant get him out without severance. Why else in the world would they bait him with that information. People don't look out for you in this world, if they do, they are trying to screw you.

The Agent has made an offer and no mention that they were attempting to screw him over.

The offer was explicitly stated by the OP to sign the resignation letter and he will receive three months severance and a reference.

As long as the resignation letter covers the terms of severance with his signature there's little else he can do.

Would you hang about with an employer that no longer requires your services? I wouldn't. And I'd be sure I left with the maximum monies permissible and a reference. Life's too short.

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Absolutely agree. If the resig letter states an agreed upon 3 months salary, Id sign in a heartbeat myself, even if I liked the job. Life is WAY to short (to get paid without working for 3 months).

[fry30]

I got a meeting with the HR department, things are clear now. They actually want me to resign to be sure I won't sue them, they are agree to pay me the 3 months severance pay. If I don't resign I will get my 3 months severance pay also as the thai law state but I would piss them off. Anyway I don't appreciate the way they are treating the employee in my department so I better to leave.

It would be a win win situation as long they are paying me. I asked them to give me some garantees, so they will provide me a letter stating that I will receive 3 months severance pay and an email as well. I won't sign the resignation letter before to receive this and I will make sure that the letter is stating that they are going to pay me despite I resign.

It's a quite strange practice, it's a big company so I don't think they would play game, like say my boss it's little money for them.

[Spoonman]

If thats the case I would ask for more severance pay to sign the letter.

[Travel Dude]

I got a meeting with the HR department, things are clear now. They actually want me to resign to be sure I won't sue them, they are agree to pay me the 3 months severance pay. If I don't resign I will get my 3 months severance pay also as the thai law state but I would piss them off. Anyway I don't appreciate the way they are treating the employee in my department so I better to leave.

It would be a win win situation as long they are paying me. I asked them to give me some garantees, so they will provide me a letter stating that I will receive 3 months severance pay and an email as well. I won't sign the resignation letter before to receive this and I will make sure that the letter is stating that they are going to pay me despite I resign.

It's a quite strange practice, it's a big company so I don't think they would play game, like say my boss it's little money for them.

Be careful... Don't assume anything. Big companies may have big tricks... just make sure they gave you a letter stating they will pay you the severance pay. How about notice? Shouldn't they should pay that too? In lieu of notice and the severance pay as per law.

[Soutpeel]

What ever you do, do not sign anything until you have the cash in the bank , mark my words if you sign a resignation letter before getting any due severance in your hands you will get nothing and you will have no case at the labour court as the company has piece of paper which states you resigned, further why is the company concerned making the offer, ? It appears you are working for an agency therefore it would be agency who is liable to pay the severance you contract is with agency not the company ?

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[Soutpeel]

I got a meeting with the HR department, things are clear now. They actually want me to resign to be sure I won't sue them, they are agree to pay me the 3 months severance pay. If I don't resign I will get my 3 months severance pay also as the thai law state but I would piss them off. Anyway I don't appreciate the way they are treating the employee in my department so I better to leave.

It would be a win win situation as long they are paying me. I asked them to give me some garantees, so they will provide me a letter stating that I will receive 3 months severance pay and an email as well. I won't sign the resignation letter before to receive this and I will make sure that the letter is stating that they are going to pay me despite I resign.

It's a quite strange practice, it's a big company so I don't think they would play game, like say my boss it's little money for them.

 

And what exactly do the company think you will sue them for if they have followed the labour law ? Why would it piss them off if you don't sign ?

In all my years working here I have never heard of this one but heard of cases of people signing a resignation letter and getting nothing because they resigned

Be careful what your doing

[h90]

Yes that's what I was thinking, I asked my boss for advice and he told me they would not give anything unless to get my signature first.

I have a meeting with the HR manager this afternoon and will try this.

write it in the resign letter.

"3 month paid as agreed....." maybe need a layer for the exact wording so it isn't resigned if you don't get the money....

(just my idea, I have never been in this situation)

[edwardandtubs]

It's not clear from the OP how long he has been working for the company. If it was a one year contract and he was working for one year, he is not entitled to severance pay. You're only entitled to severance pay if your contract has been renewed at least once, e.g. if they renewed it once but decided not to renew it a second time, then you would be entitled to severance pay. If the former applies to the OP then he should just sign and hope for the best because he would get nothing in the Labour Court. If the latter applies then he should not sign anything and should just insist on being paid was he is entitled to.

[fry30]

Thanks for all your answer.

I got a first contract of 6 months then renewed for one year, so I'm working here since almost 1 years and half.

It's a very delicate situation, I haven't sign anything yet, they didn't send anything, I'm waiting the letter stating I will receive the 3 months severance.

Bringing them to the court would be very risky, I would lost a lot of money to feed the lawyer and I need this money to survive until to get a new job, I would much prefer a friendly agreement. The other bad side of pissing them off is the bad reference they would give to the new companies asking for my record following my application.

Now if I don't want to sign they could as well keep me and make my life a hell until I decide to leave and this time without offering any arrangement.

I can't ask them to pay me the severance before to resign, they would have no guarantee that I would really resign, I could keep the money and decide to stay there.

At this point I just want get the hell out of there without making too many ennemies but I also don't want to be completely screwed.

[harrry]

Thanks for all your answer.

I got a first contract of 6 months then renewed for one year, so I'm working here since almost 1 years and half.

It's a very delicate situation, I haven't sign anything yet, they didn't send anything, I'm waiting the letter stating I will receive the 3 months severance.

Bringing them to the court would be very risky, I would lost a lot of money to feed the lawyer and I need this money to survive until to get a new job, I would much prefer a friendly agreement. The other bad side of pissing them off is the bad reference they would give to the new companies asking for my record following my application.

Now if I don't want to sign they could as well keep me and make my life a hell until I decide to leave and this time without offering any arrangement.

I can't ask them to pay me the severance before to resign, they would have no guarantee that I would really resign, I could keep the money and decide to stay there.

At this point I just want get the hell out of there without making too many ennemies but I also don't want to be completely screwed.

Labour court does not require lawyers and is free.

[steelepulse]

Tell them to bring the money and you'll bring the pen to sign said resignation. Also adivse them that you'll be video taping for "their security" that you resigned under no duress.

[smartconsulting]

Thanks for all your answer.

I got a first contract of 6 months then renewed for one year, so I'm working here since almost 1 years and half.

It's a very delicate situation, I haven't sign anything yet, they didn't send anything, I'm waiting the letter stating I will receive the 3 months severance.

Bringing them to the court would be very risky, I would lost a lot of money to feed the lawyer and I need this money to survive until to get a new job, I would much prefer a friendly agreement. The other bad side of pissing them off is the bad reference they would give to the new companies asking for my record following my application.

Now if I don't want to sign they could as well keep me and make my life a hell until I decide to leave and this time without offering any arrangement.

I can't ask them to pay me the severance before to resign, they would have no guarantee that I would really resign, I could keep the money and decide to stay there.

At this point I just want get the hell out of there without making too many ennemies but I also don't want to be completely screwed.

Just tell them to hand you the money and you will sign at the same time and walk out. Such a ridiculous situation!

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[jdinasia]

If you have indeed completed one year of work and are not being terminated for cause, you are entitled to 3 months severance pay. This does not even require the presence of a contract, just proof that you were employed.

If they want a resignation letter prior to paying you the severance pay I would insist on a letter from them explaining their offer that was signed and stamped with the company seal. (If you have worked for more than 3 years the severance pay is higher than 3 months).

If they are being genuine about it and just want you gone they should be happy enough to provide the letter detailing the offer. It is easy enough to fire someone without paying simply by documenting even the most minor infractions. 1) You were late: verbal warning. 2) Paperwork was turned in late, written warning. 3) You were rude or disrespectful to a superior, termination for cause. It would only take about 1 week to get rid of you and pay no severance.

Cover yourself and take the deal.

jd

[smartconsulting]

I hope the OP has a proper work permit and visa or he does not have a leg to stand on!

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[fry30]

I have a work permit valid until 2015 and my visa as well. As said JDINASIA it would not take long for them to find a very legal way to fire me without need to pay the severance, I believe they don't want to bother themself to do this so I would better to don't push them too much.

That's why for now I'm trying to get some guarantee without pissing them off.

I will try to ask for a resignation letter stating that I will receive the 3 months severances. Would be perfect.

I've tried to videotape the meeting but the program I used on my tablet was limited to 30 secondes record if you don't buy it, I bought it but it's little late now. I will try for all the next conversation but this meeting was crucial.

Thanks to all for your concern about my story and sorry for the language as you certainly guessed I'm not a native English speaker.

[smartconsulting]

I have a work permit valid until 2015 and my visa as well. As said JDINASIA it would not take long for them to find a very legal way to fire me without need to pay the severance, I believe they don't want to bother themself to do this so I would better to don't push them too much.

That's why for now I'm trying to get some guarantee without pissing them off.

I will try to ask for a resignation letter stating that I will receive the 3 months severances. Would be perfect.

I've tried to videotape the meeting but the program I used on my tablet was limited to 30 secondes record if you don't buy it, I bought it but it's little late now. I will try for all the next conversation but this meeting was crucial.

Thanks to all for your concern about my story and sorry for the language as you certainly guessed I'm not a native English speaker.

Don't forget when you resign you will only have 7 days to switch your visa since that will cancel out your work permit. If I was you I would not rush them so much until you sort out your next visa. By new employer or tourist visa run before hand.

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[fry30]

That's interesting to know, I don't understand it yet well, I still have time cause my contract will end the 31 December and my resignation will be planned for this date.

I'm trying to get a new job, if I can't find before the end of my contract I will just take very cheap vacation anywhere in Thailand since I don't really have home in my country of origin.

[harrry]

You have to go to immigration on your last day of work or you are on overstay.

[smartconsulting]

That's interesting to know, I don't understand it yet well, I still have time cause my contract will end the 31 December and my resignation will be planned for this date.

I'm trying to get a new job, if I can't find before the end of my contract I will just take very cheap vacation anywhere in Thailand since I don't really have home in my country of origin.

Your vacation needs to be outside Thailand because your visa will be cancelled after your work permit. This should be your main concern now if you plan to come back to Thailand! There are plenty of forum topics about this.

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