ThaI Labour Laws - Dismissal

[bapak]

We wish to dismiss a clerk because of unsatisfactory work.

Have been told that we would have to pay 6 months pay to dismiss. Hard to believe that this is correct.

Would think that either one month's notice or one month pay if instant dismissal.

Advise appreciated.

[Soutpeel]

It could be correct depends on how long the clerk worked there, further the only real way out is for gross misconduct or you get the clerk to resign, you can't apply instant dismissal for unsatisfactory performance per se

But by all means try it on and hope there isnt a complaint lodged with DOL as you will have them crawling all over you

If the clerk has been employed long enough you will be paying 6 months severance

I suggest you start reading Thailand's labour laws, which are available on line in English

Edited December 8, 2014 by Soutpeel

[happynthailand]

call the clerk into the office and tell the clerk

that based on his unsatisfactory work,

your going to have to reduce his pay

he won't say long after that,or he may quit on the spot(saveing face)

[Soutpeel]

call the clerk into the office and tell the clerk

that based on his unsatisfactory work,

your going to have to reduce his pay

he won't say long after that,or he may quit on the spot(saveing face)

You can't do that either unless there is a contractual re negotiation and anyone in their right mind wouldn't agree to this

The fact is the easiest and least painful way in terms of the labour law if you want rid of someone in this instance is to pay the severance due and move on, you don't want the DOL involved

Edited December 9, 2014 by Soutpeel

[marcusd]

Ahh makes us wonder why we have businesses here and Thailand is losing business to other places. Love that HUB of All Business.

[Soutpeel]

Ahh makes us wonder why we have businesses here and Thailand is losing business to other places. Love that HUB of All Business.

So your suggesting a country shouldn't have fair labour practice's then ?

[maisodni]

The applicable law is Sections 118 and 119 at http://thailaws.com/law/t_laws/tlaw0132a.pdf

MS

[gb33]

Prepare a resignation letter, keep it very short and very sweet. Put it upside down on your desk.

Invite him / her into your office and dicuss each and every shortcoming, failure, missed target, issue, problem.. ect.. really lay on the guilt and emotion.

Ask questions and make statements like:

-"Isnt this job stressing you out, keeping you awake at night?"

-"Are you happy and satisfied?"

-"I have failed you.. I wish I had more opportunity to train you. Its my fault"

Then tell them you'd be happy "to write an amazing letter of recommendation but it might be time to recognize that things arent working out". Then, hand the letter, a pen, look them dead in the eye, be quiet and wait. I bet they'd sign the resignation.

If it goes your way, collect the signature and end the conversation. Dont continue gabbing, end it.

If it doesnt go your way you have two options:

A. Fire them, pay the money per the DOL.

B. Turn on the administrative machine, over the next several months (careful not to do it all at once) write warning letters. You should consider purchasing "Doyles practical guide to Thailand business law"

Good luck

gb33

[NeverSure]

Ahh makes us wonder why we have businesses here and Thailand is losing business to other places. Love that HUB of All Business.

So your suggesting a country shouldn't have fair labour practice's then ?

Fair to whom? To some layabout with an attitude, or to the person who made the investment and took the risks and has to keep a business profitable to avoid closing the doors?

[Soutpeel]

Ahh makes us wonder why we have businesses here and Thailand is losing business to other places. Love that HUB of All Business.

So your suggesting a country shouldn't have fair labour practice's then ?

Fair to whom? To some layabout with an attitude, or to the person who made the investment and took the risks and has to keep a business profitable to avoid closing the doors?

Fair to both parties, but primarily to the worker, companies have more of a tendency to screw over employee's than the other way around, per the OP no mention of the employee being lazy or having an attitude and of course we are only hearing one side of the "story " this is why the DOL is so important as they can mediate between both parties in accordance with the labour laws

Further a person who has invested time ,risk snd money into a company should have done their due diligence and understand the labour laws before starting up don't you think ?

[Camelot]

Remember that if the sacked employee takes his/her case to the Labour Court, my HR experience is that the judges are more likely to rule in favour of the ex-employee than the employer. Then you will have to reinstate the employee, pay back-pay and bonuses from the time he was "terminated" and you will have gained someone with an embittered attitude who is almost impossible to get rid of. There are also the legal costs.

Pay the severance pay. The amount depends of the length of time the employee has worked for the company. Alternatives are three warning letters which must be signed as acknowledged by the employee or persuading them to resign.