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

[sirchai]

Try to settle it without being loud. Just mention that a friend (lawyer) had told you that you'd be entitled to receive severance pay.- .

[harrry]

More important than any payout will be the oportunity to pay in to the Social security scheme and continue receiving benifits like health insurance.

[stoli]

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

It's worth reading

Very similar to the laws in the U.S. I would almost call it a copy.

[Time Traveller]

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.

A Thai employer once told me the same thing many years ago. Needless to say the overstay fine from immigration was 20,000 baht. Fortunately, the employer realized their own fault and actually reimbursed the fine.

The lesson, don't believe anything your company's HR department tell you. Only immigration can tell you if you are allowed to stay.

[belg]

only bankers and big CEOs and politticians get big money from quitting their job themselves, the rest gets 0

[dutchchiangmai]

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.

Schools have to give 3 months notice in advance, if they're not renewing your contract. Otherwise they can not discontinue your contract. We had that section in our Thai Cultural classes last year.

[DGIE]

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

Agreed.

So instead of expecting , better accept your company offer. Otherwise you will be disappointed waiting for nothing from the government.

[DGIE]

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.

I am sure you are not entitled to severance pay. Your contract is for 1 year. If you reached 1 year, contract ends. If they renew, that means another 1 year. If you finished again another year and the school doesn't renew it, well your contract ended there. They completed your contract.

[wym]

I am sure you are not entitled to severance pay. Your contract is for 1 year. If you reached 1 year, contract ends. If they renew, that means another 1 year. If you finished again another year and the school doesn't renew it, well your contract ended there. They completed your contract.

A common misconception but NO.

There is no difference legally as far as the labor court is concerned between "not renewing" a contract and firing an employee.

The only time this argument counts is if the JOB itself (not the employee) is a temporary one, the work very different in nature from work carried out by more permanent employees, not core to the business, e.g. a consultant of a specialist nature, doing IT work for a shoe manufacturer.

Otherwise all employers would use this as a loophole to avoid the severance.

[wym]

Schools have to give 3 months notice in advance, if they're not renewing your contract. Otherwise they can not discontinue your contract. We had that section in our Thai Cultural classes last year.

That's nothing to do with Labor laws, and I suspect simply not true.

There are some regulations in place by Ministry of Ed, but I have never heard of a foreign teacher actually getting any money or satisfaction that route.

And note PRIVATE schools are specifically exempt from the severance law wrt to TEACHERS.

[wym]

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

It's worth reading

Very similar to the laws in the U.S. I would almost call it a copy.

Well the US has no such requirements regarding severance believe me, Thailand's is much much more generous, US employers would quickly eliminate any politician or party that would suggest something so worker-friendly.

[blabth]

The Thai system pay severance pay for each year one month salary maximum 10 month, but only if you are fired. Therefore to sign the voluntary resignation letter made it difficult to get anything. The severance pay is not funded only in the balance sheet. Therefore it is difficult to fire long term employees as the severance will be paid as an expenses and 10 month means a lot. For you I can't see a real chance except you talk to the employer again. Because it relatively small amount to go to court will be expensive.

Sent from my iPad using Thaivisa Connect Thailand

[wym]

Actually no cost to go to court, the Labor Court provides free expert attorneys to employee plaintiffs. It is expensive for the company defendant, which in itself gives them an incentive to comply with the law.

But since the OP worked less than a year, he is due only one month (plus one months' severance if they didn't comply with that part) AND because he would have to show that he was forced/tricked into signing the resignation letter, it is my opinion the issue isn't worth pursuing in this case.

Note the process can easily drag on for well over a year, certainly no less than 4-6 months.

In the cases I've participated in, there were an average of four court appearances,jthey will routinely stretch things out putting pressure on the parties to come to an agreement out of court. The longest one took eighteen months with ten hearings.