Lay off from employment

[samlathai]

Hello Sir, I would like to know what to do if my farang boss decides he no longer wants to employ me and does not pay me for my final months work. I have work permit and tax id so i am working completely legally.

Thank you.

[Sunbelt Asia]

Should your boss decide to terminate your employement as an employee you are entitled to the following rights:

1. To be paid up to the date of your employment. i.e. if the last day that you work is on the 20th date of the month, you are to be paid up to that date.

2. The employer has a duty to provide a written notification of no less than 1 month. Failure to comply, the employer will need to provide compensation for the advance notice.

3. The employer will need to provide severance to the terminating employee.

• a. You have worked consecutively for 120 day or more but less than 1 year; the severance paid to the employee will be for 30 days


• b. You have worked consecutively for more than 1 year but less than 3 years, the severance paid to the employee will be for 90 days


• c. You have worked consecutively for more than 3 years but less than 6 years, the severance paid to the employee will be for 180 days


• d. You have worked consecutively for more than 6 years but less than 10 years, the severance paid to the employee will be for 240 days


• e. You have worked consecutively for more than 10 years, the severance paid to the employee will be for 300 days

However, if you have been warned for committing the same offense in both writing and verbally so that the Employer feels forced to terminate the employment and the cause of termination has been provided then no severance is due.

If you were never warned and terminated without cause then the best course of action is to appeal to the Labour Court, they are employee friendly and it does not matter if either the employer or employee are not Thai.

[sunbeltlegal][/sunbeltlegal]

[Sunbelt Asia]

Should your boss decide to terminate your employement as an employee you are entitled to the following rights:

1. To be paid up to the date of your employment. i.e. if the last day that you work is on the 20th date of the month, you are to be paid up to that date.

2. The employer has a duty to provide a written notification of no less than 1 month. Failure to comply, the employer will need to provide compensation for the advance notice.

3. The employer will need to provide severance to the terminating employee.

• a. You have worked consecutively for 120 day or more but less than 1 year; the severance paid to the employee will be for 30 days


• b. You have worked consecutively for more than 1 year but less than 3 years, the severance paid to the employee will be for 90 days


• c. You have worked consecutively for more than 3 years but less than 6 years, the severance paid to the employee will be for 180 days


• d. You have worked consecutively for more than 6 years but less than 10 years, the severance paid to the employee will be for 240 days


• e. You have worked consecutively for more than 10 years, the severance paid to the employee will be for 300 days

However, if you have been warned for committing the same offense in both writing and verbally so that the Employer feels forced to terminate the employment and the cause of termination has been provided then no severance is due.

If you were never warned and terminated without cause then the best course of action is to appeal to the Labour Court, they are employee friendly and it does not matter if either the employer or employee are not Thai.

[sunbeltlegal][/sunbeltlegal]

[Sunbelt Asia]

Should your boss decide to terminate your employement as an employee you are entitled to the following rights:

1. To be paid up to the date of your employment. i.e. if the last day that you work is on the 20th date of the month, you are to be paid up to that date.

2. The employer has a duty to provide a written notification of no less than 1 month. Failure to comply, the employer will need to provide compensation for the advance notice.

3. The employer will need to provide severance to the terminating employee.

• a. You have worked consecutively for 120 day or more but less than 1 year; the severance paid to the employee will be for 30 days


• b. You have worked consecutively for more than 1 year but less than 3 years, the severance paid to the employee will be for 90 days


• c. You have worked consecutively for more than 3 years but less than 6 years, the severance paid to the employee will be for 180 days


• d. You have worked consecutively for more than 6 years but less than 10 years, the severance paid to the employee will be for 240 days


• e. You have worked consecutively for more than 10 years, the severance paid to the employee will be for 300 days

However, if you have been warned for committing the same offense in both writing and verbally so that the Employer feels forced to terminate the employment and the cause of termination has been provided then no severance is due.

If you were never warned and terminated without cause then the best course of action is to appeal to the Labour Court, they are employee friendly and it does not matter if either the employer or employee are not Thai.

[sunbeltlegal][/sunbeltlegal]