Apothecary Posted May 14, 2015 Share Posted May 14, 2015 Hi, I have a departing staff who is quite senior in my organisation. They have given notice on the 1st May (a national holiday) via email that they will leave on the 28th May. I actually didn't open this email until around the 11th May (due to we had some conflict and i was fed up with the discussion). Their contract of employment states they need to give 6 weeks notice. Given they insist they will leave on the 28th May (and not follow their contract) which may harm our operation, am I allowed to force the point that they should give 6 weeks notice from an actual working day (not a holiday). Does a departing staff need to give written notice - i.e. not by email? (According to here they do: http://thailand-hr.blogspot.com/2010/08/labour-law-in-thailand.html) Can i withold a portion of salary on the basis of this and pay if they work the 6 weeks notice? What else could i do? Thanks in advance, Apothercary Link to comment Share on other sites More sharing options...
maisodni Posted May 14, 2015 Share Posted May 14, 2015 All protections under Thai labor law are for protection of EMPLOYEES. There are no protections for employers. Employees are not slaves or indentured servants, and they may quit on the spot and walk out - so long as they are willing to receive pay only for days actually worked. In the link that you referenced, the section about giving notice (Section 1, under Termination) lists requirements for EMPLOYERS, not for employees. A contract imposing a required notice period upon an employee wishing to leave is not enforceable in Thailand. MS. Link to comment Share on other sites More sharing options...
konying Posted May 14, 2015 Share Posted May 14, 2015 (edited) Having been to labor court, you can not do anything, nor can you withhold the deposit or the pay. Furthermore, they do not even need to notify the manager or owner, even telling cleaning lady is considered sufficient. I have argued it a number of times showing signed contracts and each time I lost. Just pay for work done, and move on. Understand the frustration , but you might get your revenge when /if the next job decides to get some references from you. One thing you can try, not sure how it would hold up, but was advised by " nice" labour office officer, is put it down in writing, stating clearly employee refuses to honour work contract and agrees to forfeit xxx amount of money with employees signature of acknowledging. Edited May 14, 2015 by konying Link to comment Share on other sites More sharing options...
Torrens54 Posted May 14, 2015 Share Posted May 14, 2015 Having been to labor court, you can not do anything, nor can you withhold the deposit or the pay. Furthermore, they do not even need to notify the manager or owner, even telling cleaning lady is considered sufficient. I have argued it a number of times showing signed contracts and each time I lost. Just pay for work done, and move on. Understand the frustration , but you might get your revenge when /if the next job decides to get some references from you. One thing you can try, not sure how it would hold up, but was advised by " nice" labour office officer, is put it down in writing, stating clearly employee refuses to honour work contract and agrees to forfeit xxx amount of money with employees signature of acknowledging. Excellent advice! You say you "need" this character, I would tend to think you are much better off without him. Will hardly put any effort into the job if forced to stay on and may do your business a great deal of damage. Get rid of the idiot as soon as you can. Link to comment Share on other sites More sharing options...
Lantern Posted May 14, 2015 Share Posted May 14, 2015 Get rid of the idiot as soon as you can. 100% sooner he is gone the better. Link to comment Share on other sites More sharing options...
dotpoom Posted May 15, 2015 Share Posted May 15, 2015 I'm just thinking, would I really want somebody staying on the full term working for me if they had bad feelings towards me, might do more harm than good. I'd be glad to see the back of him. "Rather be happy than Right". Link to comment Share on other sites More sharing options...
p_brownstone Posted May 15, 2015 Share Posted May 15, 2015 Having been to labor court, you can not do anything, nor can you withhold the deposit or the pay. Furthermore, they do not even need to notify the manager or owner, even telling cleaning lady is considered sufficient. I have argued it a number of times showing signed contracts and each time I lost. Just pay for work done, and move on. Understand the frustration , but you might get your revenge when /if the next job decides to get some references from you. One thing you can try, not sure how it would hold up, but was advised by " nice" labour office officer, is put it down in writing, stating clearly employee refuses to honour work contract and agrees to forfeit xxx amount of money with employees signature of acknowledging. Excellent advice! You say you "need" this character, I would tend to think you are much better off without him. Will hardly put any effort into the job if forced to stay on and may do your business a great deal of damage. Get rid of the idiot as soon as you can. I would not for one second consider forcing a reluctant employee to remain in his position longer than he wanted - especially a Senior staff member who I imagine has a lot of influence with other Staff and in-depth knowledge of your Company, Suppliers and Customers: He could do you a lot of damage in just a few weeks. When I worked for major Companies, I had a reverse policy - anyone who resigned and gave a period of notice was paid off in full immediately, rather than allow them to possibly cause the Company problems in any way. Patrick Link to comment Share on other sites More sharing options...
Naroge Posted May 15, 2015 Share Posted May 15, 2015 Bite the bullet and let him go asap. If they want they can do much more harm inside your organization than outside. Link to comment Share on other sites More sharing options...
2fishin2 Posted May 15, 2015 Share Posted May 15, 2015 At least he gave you notice, just let it go and be thankful he is gone. Dont try to inflict revenge by stirring problems with a reference as it will only make you look bad. A single employee leaving should not harm your operation but, if it does use this opportunity to figure out a way to ensure it will never "harm" your company again. Theres always good in bad. Link to comment Share on other sites More sharing options...
Blindside Posted May 15, 2015 Share Posted May 15, 2015 Gardening leave....... Link to comment Share on other sites More sharing options...
Orac Posted May 15, 2015 Share Posted May 15, 2015 Without knowing why it may harm your business if he doesn't work the six weeks it is difficult to give advice. If this person cannot be replaced quickly and has vital information or a qualification you need to operate you you may need to compromise. There is clearly animosity between yourself and this employee and you need to be careful that you don't allow anger to cloud your judgement in making a pragmatic decision in the best interests of your business. Link to comment Share on other sites More sharing options...
Apothecary Posted May 15, 2015 Author Share Posted May 15, 2015 (edited) Hi everyone.. Just want to say how appreciative i am of all your responses. Thanks to you all who took time to share your experiences and good help I think you're right.. pay them off, move on. Edited May 15, 2015 by Apothecary Link to comment Share on other sites More sharing options...
HerbalEd Posted May 15, 2015 Share Posted May 15, 2015 (edited) Even if the employee stayed I wouldn't want anyone working for me who is there with a bad attitude because they were coerced into staying longer than they want. Believe me, it's bound to cause problems. Let the employee go and consider it good riddance. Meanwhile I would not pay one penny beyond what they have actually worked for. Edited May 15, 2015 by HerbalEd Link to comment Share on other sites More sharing options...
ggt Posted May 15, 2015 Share Posted May 15, 2015 It may just be me...but I get a feeling as to why your staff is leaving you in mass... Link to comment Share on other sites More sharing options...
Ghostnigel Posted May 15, 2015 Share Posted May 15, 2015 It may just be me...but I get a feeling as to why your staff is leaving you in mass...You gonna tell us why you have that 'feeling'? Do you know the situation? Or are you just trying to make the OP look bad....enlighten us with your wisdom. Link to comment Share on other sites More sharing options...
konying Posted May 15, 2015 Share Posted May 15, 2015 It may just be me...but I get a feeling as to why your staff is leaving you in mass... Because they have sheep mentality. Because one moron will tell other morons who will believe him/her that somewhere else they can get a better paying job Link to comment Share on other sites More sharing options...
p_brownstone Posted May 15, 2015 Share Posted May 15, 2015 It may just be me...but I get a feeling as to why your staff is leaving you in mass... Yes, it's just you. The OP has a problem with one employee - none of his Staff are leaving "in (sic) mass" . Patrick Link to comment Share on other sites More sharing options...
2fishin2 Posted May 15, 2015 Share Posted May 15, 2015 Guy says thank you for our opinions and here the TV guys just cant leave it alone. SMH Link to comment Share on other sites More sharing options...
wooloomooloo Posted May 15, 2015 Share Posted May 15, 2015 Dont try to inflict revenge by stirring problems with a reference as it will only make you look bad. As far as references are concerned, just throw them in the bin. Simple. Link to comment Share on other sites More sharing options...
beechguy Posted May 16, 2015 Share Posted May 16, 2015 (edited) Get rid of the idiot as soon as you can. 100% sooner he is gone the better. Who says the guy is an idiot? Do you know him? Do you know the OP? Is the Op wrong, I don't know, it's his business, and I don't know the details. There can be legitimate reasons senior people leaving. I quit three jobs in four years, two because they refused to make adjustments to procedures, and lack of support. another for safety reasons. The latter, I finished my last rotation under that contract, and just told them I wouldn't be back, for safety issue they refused to correct. Later, I was told they fired the pilot that I refused to fly with. As to the second job, a year and half later, I saw the same employees I had worked with, and all of the "suggestions" I had made, had been implemented. The OP can withhold a references, but in my case, the next job I applied for, I was hired the same day of the interview. Edited May 16, 2015 by beechguy Link to comment Share on other sites More sharing options...
chilli42 Posted May 17, 2015 Share Posted May 17, 2015 Just be practical. If the guy is leaving then let him go. Based on what you say, were it me, he would be gone already. A disgruntled worker can do a lot of harm through their work (or lack thereof) and its a total buzz kill for the rest of the employees. Just get rid of this guy as fast as you can. Link to comment Share on other sites More sharing options...
inquisitive lobster Posted May 26, 2015 Share Posted May 26, 2015 Hi, I myself have dealt with something similar to this and from what I understand you are entitled to pay severance only if you terminate the employee with the conditions stated in Chapter 11 Section 118 of Labour Protection Act B.E 2541. If an employee leaves, then you are only entitled to pay up to the day he worked. What I suggest is let him leave, wait 3 days after he left and then you can claim that under Section 119 Part (5) "absenting himself/herself from duty without justifable reason for three consecutive working days regardless of whether thee is holiday in between", you are not entitled to pay any severance fee to him. Only pay up to the last day that he worked. Hope this helps. Link to comment Share on other sites More sharing options...
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