Can I get compensation from the Goverment when I loose my job?

[Lidra]

Unfortunatelly, I will loose my job soon.

And one of my thai collegues at the office just told me I have the chance to ask from the "Department of Employment" to get a compensation.

I was told no matter if I was foreigner, because the goverment have get the taxes from my salary, and that I could get around 15,000 baht compensation.

I have no Idea if this can be possible, or in case it is real, wich conditions and process I have to follow in order to make it effective.

Someboy know about this possibility?

Edited January 24, 2014 by Lidra

[wym]

If you aren't a teacher at a private school and have been terminated (as opposed to voluntarily resigning) then if you've worked for more than six months, your employer must pay you severance according to the labor laws.

They also must give you written notice at least a month in advance of your final end of pay period, or another month's pay in lieu.

I believe that may have been what your friend was talking about.

[Lidra]

Thank you for your answer.

I can add, my superior asked me to fill a voluntarily resigning document, (he explained to me that it would be a benefit in the future

for me to try to find another job, because in that way the other companies would know I was not fired or asked to leave) and I was

advised to do it one month before the date was going to be my last day. They also told me would get 1 month of salary compensation.

I was working there (IT and online marketing) for almost one year under the same contract.

Edited January 24, 2014 by Lidra

[simon43]

So the important question is:

did you complete and sign that voluntary resignation document? It looks like your employer is trying to avoid paying the redundacy payment.....

[cornishcarlos]

I think you may be at the end of a very long queue to get paid by this government. Don't hold your breath !!

[Lidra]

So the important question is:

did you complete and sign that voluntary resignation document? It looks like your employer is trying to avoid paying the redundacy payment.....

Yes, I signed it. Indeed it is supposed my last day in the company will be tomorrow 25 of January.

I still hold my work permitt and business visa, they told me would not cancell it inmediately, because they wanted to help me stay in the country and find another position as much as possible.

If I still have my work permitt and visa, I suppose can not ask for any compensation, because to the thai law, Im still working, isnt it?

[Farma]

Link to the Thai labor law http://www.bia.co.th/013.html

It's worth reading

[wym]

Take all your documentation, pay stubs etc showing your start date, everything about the termination to the FREE lawyers the Labor Dept pays to work for your interest against employers - they are VERY pro-worker, don't worry about corruption in that one corner of Thai government they're very good and honest and many speak English well enough.

I think even though you signed a voluntary resignation document, it would be pretty easy to show that they lied to you, effectively coerced you into doing so and in fact they were the ones that terminated you.

You could get up to seven months' salary; how long did you work there?

And where are you located?

[Lidra]

Take all your documentation, pay stubs etc showing your start date, everything about the termination to the FREE lawyers the Labor Dept pays to work for your interest against employers - they are VERY pro-worker, don't worry about corruption in that one corner of Thai government they're very good and honest and many speak English well enough.

I think even though you signed a voluntary resignation document, it would be pretty easy to show that they lied to you, effectively coerced you into doing so and in fact they were the ones that terminated you.

You could get up to seven months' salary; how long did you work there?

And where are you located?

Started there in May of 2012, and in February 2013 they upgrade my contract, them started to get a document about the salary, with what the goverment was taking.

Was working from home but the office was close to Surasak station.

The company was just having here a team of 3 thais when I started so they used another company partner to contract me, and unfortunatelly I dont have copies of any kind of documentation, contract or resign document included.

[wym]

For such a short term you're only due 1-2 months anyway, only you can decide if that's worth the trouble, especially since they can argue you voluntarily resigned.

Don't you have any records of your first paycheck, no paystubs, deposits to an account?

Actually they have to give you a record for your tax calculations, ask them for that.

Don't discuss you're pursuing the severance issue (if you decide to) until you've actually filed at the Labor Court.

[Costas2008]

If as you say, you have signed that voluntary resignation document you have no chance on earth to get any kind of compensation.

Not only in Thailand but anywhere in the world.

Good Luck with your next job.

Edited January 24, 2014 by Costas2008

[thequietman]

If you aren't a teacher at a private school and have been terminated (as opposed to voluntarily resigning) then if you've worked for more than six months, your employer must pay you severance according to the labor laws.

They also must give you written notice at least a month in advance of your final end of pay period, or another month's pay in lieu.

I believe that may have been what your friend was talking about.

sorry for hijacking the thread, but I am currently employed at a government school for 3 years in May on yearly contracts. If they decide not to renew my contract next year, am I entitled to severance? I ask because 3 people in a similar situation as myself, tried to get severance and all were refused by the courts

Any input is appreciated.

[HooHaa]

you have already been offered 1 month compensation as well as being allowed to keep your visa for a while to find other work.

Im not really sure what more you can expect.

general rule of thumb is one month compensation for every year worked. you would not receive much more even if you were to pursue this with the labour department.

All in all the parting appears amicable and your employer seems to be treating you fairly.

[Lidra]

For such a short term you're only due 1-2 months anyway, only you can decide if that's worth the trouble, especially since they can argue you voluntarily resigned.

Don't you have any records of your first paycheck, no paystubs, deposits to an account?

Actually they have to give you a record for your tax calculations, ask them for that.

Don't discuss you're pursuing the severance issue (if you decide to) until you've actually filed at the Labor Court.

I just could use may bank reports, and recently I got a document I think about taxes, but they didnt explain to me what to do with it, just told me

to ask my gf what to do with it because she have done it many times.

Also I have just ask again to that person who told me about that if I could get compensatiion, and told me despite of I resign myself I can get the compensation,

told me I have social security, so I should be able to get it.

Edited January 24, 2014 by metisdead
Attachment containing personal information has been edited out of post per request.

[Lidra]

you have already been offered 1 month compensation as well as being allowed to keep your visa for a while to find other work.

Im not really sure what more you can expect.

general rule of thumb is one month compensation for every year worked. you would not receive much more even if you were to pursue this with the labour department.

All in all the parting appears amicable and your employer seems to be treating you fairly.

Yes, I think they where trying to do their best, but they are just employees of a bigger company and are not lawyers, so I think they could confuse thai and farang rules.

Since they told me would not cancell inmediately the visa/work permitt I prefer to dont start any action against them. (also dont have money or ways to do it anyway).

Just wanted to know about if really would be possible get the compensation the day they finally cancell my visa... anyway I hope to get another job soon...

[HooHaa]

If i were you id request admin remove that document you posted, though it is in thai it contains a significant amount of private information you should not be sharing.

[Jasun]

Yes. If you're made redundant or fired without cause, Thailand is quite generous in that regard. Local or foreigner, the rules are the same. 1 month for short tenure, 3 - 6 months for 1-3, and greater than 3 years service, unless stipulated otherwise in your contract.

Sent from my iPhone using Thaivisa Connect Thailand mobile app

[Jasun]

Forgot to add, compensation is from your employer, not the government.

Sent from my iPhone using Thaivisa Connect Thailand mobile app

[Lidra]

so... there is no foreigner in thaivisa.com that have ever get this government compensation?

[PoorSucker]

so... there is no foreigner in thaivisa.com that have ever get this government compensation?

I think tour friend was referring to this.

http://www.sso.go.th/wpr/eng/unemployment.html

[Lidra]

so... there is no foreigner in thaivisa.com that have ever get this government compensation?

I think tour friend was referring to this.

http://www.sso.go.th/wpr/eng/unemployment.html

Thank you very much,

it look there is all I may need to ask for the compensation if I finally do it.

[wym]

Yes. If you're made redundant or fired without cause, Thailand is quite generous in that regard. Local or foreigner, the rules are the same. 1 month for short tenure, 3 - 6 months for 1-3, and greater than 3 years service, unless stipulated otherwise in your contract.

The "without cause" is interpreted very much in favor of the employee here, they'd have to have solid evidence of your actively trying to damage the company, stealing etc.

And the labor act's stipulations can't be waived in a contract, illegal clauses aren't enforceable.

sorry for hijacking the thread, but I am currently employed at a government school for 3 years in May on yearly contracts. If they decide not to renew my contract next year, am I entitled to severance? I ask because 3 people in a similar situation as myself, tried to get severance and all were refused by the courts

Any input is appreciated.

In theory yes, but I've never come across someone actually fighting for it, for only one year would only be one month.

I do know non-government school teachers are specifically excluded.

Many schools now have 11-month contracts, one month each year where you're not employed, specifically to avoid this obligation.

Note "not renewing" a contract is not legally different from termination.

Edited January 24, 2014 by wym

[Spoonman]

so... there is no foreigner in thaivisa.com that have ever get this government compensation?

I think tour friend was referring to this.

http://www.sso.go.th/wpr/eng/unemployment.html

Thank you very much,

it look there is all I may need to ask for the compensation if I finally do it.

Do you gave a Thai citizen card ?

Evidence to be used in Applying for Compensation Benefit

Application Form for Unemployment Benefit (SorPorSor. 2-01/7)

The Citizenship Identity Card

One photograph of 1 in size

Employment Certificate or a copy of the resignation letter of the Insured (SorPorSor.609). In the event of unavailability of the Form SorPorSor. 6-09, application for registration of unemployment can also be made.

A letter or an order from the employer terminating the employment (if there is any).

A copy of the first page of the Bank Savings Account on which the Account Name and the Account Number belonging to the Insured are shown.

[Lidra]

so... there is no foreigner in thaivisa.com that have ever get this government compensation?

I think tour friend was referring to this.

http://www.sso.go.th/wpr/eng/unemployment.html

Thank you very much,

it look there is all I may need to ask for the compensation if I finally do it.

Do you gave a Thai citizen card ?

Evidence to be used in Applying for Compensation Benefit

Application Form for Unemployment Benefit (SorPorSor. 2-01/7)

The Citizenship Identity Card

One photograph of 1 in size

Employment Certificate or a copy of the resignation letter of the Insured (SorPorSor.609). In the event of unavailability of the Form SorPorSor. 6-09, application for registration of unemployment can also be made.

A letter or an order from the employer terminating the employment (if there is any).

A copy of the first page of the Bank Savings Account on which the Account Name and the Account Number belonging to the Insured are shown.

Yes I know what you mean, of course I dont have that card, but I was told by this Thai friend several times I could

get it because I got a social security number, and the goverment was getting their part from my salary.

[Spoonman]

I think tour friend was referring to this.

http://www.sso.go.th/wpr/eng/unemployment.html

Thank you very much,

it look there is all I may need to ask for the compensation if I finally do it.

Do you gave a Thai citizen card ?

Evidence to be used in Applying for Compensation Benefit

Application Form for Unemployment Benefit (SorPorSor. 2-01/7)

The Citizenship Identity Card

One photograph of 1 in size

Employment Certificate or a copy of the resignation letter of the Insured (SorPorSor.609). In the event of unavailability of the Form SorPorSor. 6-09, application for registration of unemployment can also be made.

A letter or an order from the employer terminating the employment (if there is any).

A copy of the first page of the Bank Savings Account on which the Account Name and the Account Number belonging to the Insured are shown.

Yes I know what you mean, of course I dont have that card, but I was told by this Thai friend several times I could

get it because I got a social security number, and the goverment was getting their part from my salary.

Good luck with that then.

I wish it was that easy that I can flash my SS number and proof of paying income taxes to get my Thai Citizenship.

[Arkady]

Take all your documentation, pay stubs etc showing your start date, everything about the termination to the FREE lawyers the Labor Dept pays to work for your interest against employers - they are VERY pro-worker, don't worry about corruption in that one corner of Thai government they're very good and honest and many speak English well enough.

I think even though you signed a voluntary resignation document, it would be pretty easy to show that they lied to you, effectively coerced you into doing so and in fact they were the ones that terminated you.

You could get up to seven months' salary; how long did you work there?

And where are you located?

Started there in May of 2012, and in February 2013 they upgrade my contract, them started to get a document about the salary, with what the goverment was taking.

Was working from home but the office was close to Surasak station.

The company was just having here a team of 3 thais when I started so they used another company partner to contract me, and unfortunatelly I dont have copies of any kind of documentation, contract or resign document included.

Seems like you accepted your employer's suggestion to save him redundancy money by voluntarily resigning. That is a dirty trick. When I hired and fired and people in Thailand I would always give staff a letter saying they had left voluntarily, even if they were fired, unless they were totally obnoxious and had to be fired for cause. Mainly they tried to get jobs with competitors, so I was more than happy to pass on the duds anyway. Your resignation letter would be accepted by the Labour Court. So I don't think there is much you could do. Technically you should be covered by the SSO's unemployment benefits of up to 50% of salary (with the salary limited to 15,000) but I have never heard of any foreigners getting this and it might be difficult or you may be unqualified anyway. The fact that you voluntarily gave up your job would put you in a different category.

Probably best to focus your efforts on finding a new job and fixing your visa status and put this behind you.

[PoorSucker]

Good luck with that then.

I wish it was that easy that I can flash my SS number and proof of paying income taxes to get my Thai Citizenship.

Nothing to do with if you pay your taxes or not.

You will qualify for all benefits if you have paid your social security fee.

Sickness and injury benefit

Maternity benefit

Invalidity benefit

In the event of death

Invalidity benefit

Old-age benefit

Unemployment benefit

http://www.sso.go.th/wpr/eng/benefit.html

[PoorSucker]

Unemployment
Regulatory Framework

First and current law: 1990 (social security), implemented in 2004.

Type of program: Social insurance system.

Coverage

Employees aged 15 to 60.

There is no voluntary coverage.

Exclusions: Judges; employees of foreign governments or international organizations; employees of state enterprises; agricultural, forestry, and fishery employees; temporary and seasonal workers; Thai citizens working abroad; and self-employed persons.

Source of Funds

Insured person: 0.5% of gross monthly earnings.

The minimum monthly earnings used to calculate contributions are 1,650 baht.

The maximum monthly earnings used to calculate contributions are 15,000 baht.

Self-employed person: Not applicable.

Employer: 0.5% of monthly payroll.

The minimum monthly earnings used to calculate contributions are 1,650 baht.

The maximum monthly earnings used to calculate contributions are 15,000 baht.

Government: 0.25% of gross monthly earnings.

The minimum monthly earnings used to calculate contributions are 1,650 baht.

The maximum monthly earnings used to calculate contributions are 15,000 baht.

Qualifying Conditions

Unemployment benefit: The insured must have at least 6 months of contributions in the 15 months before unemployment.

The insured must be registered with the Government Employment Service Office, be ready and able to accept any suitable job offer, and report at least once a month to the Government Employment Service.

Unemployment must not be due to performing duties dishonestly; intentionally committing a criminal offense against the employer; seriously violating work regulations, rules, or lawful order of the employer; neglecting duty for 7 consecutive days without reasonable cause; or causing serious damage to the workplace as a result of personal negligence.

The Social Security Office may suspend benefit payments for failure to comply with conditions.

Unemployment Benefits

If involuntarily unemployed, the benefit is 50% of the insured's average daily wage in the highest paid 3 months in the 9 months before unemployment and is paid for up to 180 days in any 1 year; if voluntarily unemployed, the benefit is 30% of the insured's average daily wage and is paid for up to 90 days in any 1 year.

The benefit is paid from the 8th day of unemployment.

The maximum daily benefit is 250 baht.

Administrative Organization

Ministry of Labor (http://www.mol.go.th) provides general supervision.

Social Security Office (http://www.sso.go.th) collects contributions and pays benefits.

Department of Employment (http://www.doe.go.th), under the Ministry of Labor (http://www.mol.go.th), registers the unemployed insured persons for job placement and training through the Government Employment Service Office.

Department of Skill Development (http://www.dsd.go.th), under the Ministry of Labor, trains unemployed insured persons for new jobs.

[Neeranam]

If you aren't a teacher at a private school and have been terminated (as opposed to voluntarily resigning) then if you've worked for more than six months, your employer must pay you severance according to the labor laws.

They also must give you written notice at least a month in advance of your final end of pay period, or another month's pay in lieu.

I believe that may have been what your friend was talking about.

sorry for hijacking the thread, but I am currently employed at a government school for 3 years in May on yearly contracts. If they decide not to renew my contract next year, am I entitled to severance? I ask because 3 people in a similar situation as myself, tried to get severance and all were refused by the courts

Any input is appreciated.

[TerryLH]

If you have Social Security, you will be able to sign up to pay on your own and keep your health coverage. That assumes you've been paying into that system for a year.

Very easy to sign up. The SS employees will help with the short form.

The cost for the health coverage through SS will be 432 baht per month.

You need to sign up within a few months to continue the coverage. Maybe 6 months, but you should contact the office ASAP to make sure.

If you have an actual visa, as opposed to an extension from immigration, you can keep it until it expires. That's not something your employer is giving you.

Good luck.