Big Time Trouble

[capitalinvestment]

The story,

A good friend of mine has been working for a medium sized company. She applied for a position with another company, a foreign company (the one that often makes it in the world best top 10). It's been nine months of testing, retesting, waiting and waitng, finally the call on the 1st of this month, welcome on board, we're starting you of as a part-timer. She asks if the first of next month is ok, the HR department says nope, we're busy and we need you on a part-time basis starting on the 26th of this month. She resigns from her current position anyway, needless to say that she was reminded that it's a one "full" month advance notification before leaving... Anyway, since this is the golden opportunity for her, pay, perks, free flights around the globe for her and her family etc. she has decided to leave on the 26th of April.

Question: what are the consequences and especially the consequences for "the guarantor", (the comapany that she's currently employed with had asked her to have someone close to her sign a document stating that in case of problems that she will be held responsible).

Does anyone have any advice as to what's best for her? The decision was taken that she will take up her new post on the 26. What are the consequences for her actions and especially her friend, would they actually go to her friend's workplace and hassle her? Any legal experts out here?

Advice very much appreciated. Thanks

[Upcountry]

In Thailand or the US?

In the US I think it depends on the company and the HR department. If your friend explains her reason for the short notice in a way that they can understand and respect then it shouldn't be a problem. Otherwise, if there are contractual repercussions - loss of pay, bonus or maybe options - it could be an expensive but hopefully still good choice.

Good luck to her, may her choice be the right one.

[dr_Pat_Pong]

The story,

A good friend of mine has been working for a medium sized company. She applied for a position with another company, a foreign company (the one that often makes it in the world best top 10). It's been nine months of testing, retesting, waiting and waitng, finally the call on the 1st of this month, welcome on board, we're starting you of as a part-timer. She asks if the first of next month is ok, the HR department says nope, we're busy and we need you on a part-time basis starting on the 26th of this month. She resigns from her current position anyway, needless to say that she was reminded that it's a one "full" month advance notification before leaving... Anyway, since this is the golden opportunity for her, pay, perks, free flights around the globe for her and her family etc. she has decided to leave on the 26th of April.

Question: what are the consequences and especially the consequences for "the guarantor", (the comapany that she's currently employed with had asked her to have someone close to her sign a document stating that in case of problems that she will be held responsible).

Does anyone have any advice as to what's best for her? The decision was taken that she will take up her new post on the 26. What are the consequences for her actions and especially her friend, would they actually go to her friend's workplace and hassle her? Any legal experts out here?

Advice very much appreciated. Thanks

Does the friend have a nationality ?

[capitalinvestment]

She is Thai and works for a Thai company in Thailand.

[mrmnp]

My first advice to your friend is to get a letter of employment from the company offering the job.

A verbal employment agreement is difficult to enforce. With a letter from her new company promising employment on the 26th, if the job falls through for some reason, she does have recourse if she is damaged by not being able to get her job back with her old company.

I can only speak as to U.S. law, but employment, wihout a written contract to the contrary, is an employemnt "at will" and is terminable by either party with or without notice. The notice is only a courtesy, unless there is an agreement signed to the contrary. Witholding compensation or benefits for short notice is illegal unless their is an agreement in writing.

She may have signed something when employed and she should ask HR for any documents she may have signed regarding notice.

[singa-traz]

Does anyone have any advice as to what's best for her? The decision was taken that she will take up her new post on the 26. What are the consequences for her actions and especially her friend, would they actually go to her friend's workplace and hassle her? Any legal experts out here?

I wonder what 'the guarantor" is for, in the first place ?

I assume that the company that she was working for, put this type of clause in her contract, to avoid her leaving ... just after she received her training or something like that.

I'm not a lawyer ...

But was told once, that this is actually illegal to put such clause in an employment contract, in Thailand.

But again ... I'm not a lawyer.

[capitalinvestment]

She did sign an "employment agreement" with the company when she started but says she's lost the document TIT... Her friend who is a manager at 7/11 signed some sort of document as a favor to my friend saying that if her friend "screwed up" she would be held liable... whatever that means. My friend is worried that her friend who acted as "guarantor" could be hassled and sued for damages...

How far can Thai companies go?

Advice appreciated.

[Crash999]

I've never heard of a company requiring someone to sign as a 'guarantor'- certainly my company (250 staff in Thailand) doesn't. What exactly is this person guaranteeing? Sounds like the new position is at rather a high level- so it's not as if they want to ensure that she doesn't walk off with a computer or whatever....

If she leaves before the full month's notice, the only ramification I can see is her not being paid for the full month. Then again... I'm not a lawyer....

[Harrym]

There seems to be a general sense of anger against the conpany she has walked away from.

If she has left the company without giving sufficient notice I would hope that the company can take action against HER in some way. Unfortunately this leaving without notice happens too often over here.

[ajahnlau]

Even companies like Big C make them get a guarantor. My son works for them and had to get an ex-teacher sign a contract. Previously worked for a fairly large local building supply and same thing a letter.

[KenUdon]

It is quite common practice in Thailand, for companies, especially large ones, Big C, Lotus Tesco etc to require a guarantor, and sometimes the deposit of money from new employees. Must be an indication of how they regard their workers, or maybe it is actually necessary from their experience!!

[Crash999]

It is quite common practice in Thailand, for companies, especially large ones, Big C, Lotus Tesco etc to require a guarantor, and sometimes the deposit of money from new employees. Must be an indication of how they regard their workers, or maybe it is actually necessary from their experience!!

I never knew that such a thing existed here. If the guarantor is guaranteeing the required time for notice then perhaps the simple answer to this situation is finding out the amount of the penalty and giving the guarantor the penalty amount to pay to the employer.

I can understand leaving a deposit for a low-level job where theft may be an issue or a job that requires significant up-front capital investment (in training or whatnot) by the company, but if a company asked me to give them a deposit and have a guarantor, I'd tell them to ###### off!

Not sure if asking for a guarantor is a reflection of the poor level of candidates or the crap job being done by the HR department in hiring appropriate personnel.

Cheers!