Severance Pay for 365 days

[SABloke]

If an employee's contract is terminated and the last day of work is day 365 of their contract do they fall into 120 days but less than year category (30 days severance pay) or 1 year to 3 year category (90 days severance)?

[overherebc]

As far as I'm aware they class the year date to date.

If you start work on say the 5th of may the first year finishes on the 5th of may one year later.

[SABloke]

As far as I'm aware they class the year date to date.

If you start work on say the 5th of may the first year finishes on the 5th of may one year later.

Interesting...in a "normal" country I would consider the 4th the last day of the year, but as with a lot of things the Thai labour law (or at least the English translation) doesn't clearly define what it considers to be a year's employment. Legally the 4th would be a complete year and the 5th would be the 1st day of the second year, BUT whether that is how they calculate the severance pay of an employee is unclear. Thanks for the input though

[overherebc]

As far as I'm aware they class the year date to date.

If you start work on say the 5th of may the first year finishes on the 5th of may one year later.

Interesting...in a "normal" country I would consider the 4th the last day of the year, but as with a lot of things the Thai labour law (or at least the English translation) doesn't clearly define what it considers to be a year's employment. Legally the 4th would be a complete year and the 5th would be the 1st day of the second year, BUT whether that is how they calculate the severance pay of an employee is unclear. Thanks for the input though

You are correct, the 365 days will finish on the 4th. What I should have said is year two starts on the 5th. Blame Gordon and his friend Tonic

A leap year would make it 366 I reckon.

[jossthaifarang]

As far as I'm aware they class the year date to date.

If you start work on say the 5th of may the first year finishes on the 5th of may one year later.

Interesting...in a "normal" country I would consider the 4th the last day of the year, but as with a lot of things the Thai labour law (or at least the English translation) doesn't clearly define what it considers to be a year's employment. Legally the 4th would be a complete year and the 5th would be the 1st day of the second year, BUT whether that is how they calculate the severance pay of an employee is unclear. Thanks for the input though

You are correct, the 365 days will finish on the 4th. What I should have said is year two starts on the 5th. Blame Gordon and his friend Tonic

A leap year would make it 366 I reckon.

This year is a leap year too mate.

[SOTIRIOS]

...one would have to strongly argue for the latter of course....

...it would be truly sinister otherwise.....

...the best is when they never process your papers or get you a relevant visa and work permit....

...then you get nothing.....even if they decide to withhold your salary.....

...happened to me.....through an expat agency....

[overherebc]

...one would have to strongly argue for the latter of course....

...it would be truly sinister otherwise.....

...the best is when they never process your papers or get you a relevant visa and work permit....

...then you get nothing.....even if they decide to withhold your salary.....

...happened to me.....through an expat agency....

Used to happen a lot in the Rayong area but a good few years ago.

Some of the expats would do a deal with the local companies and skim a fair percentage before passing it on.

[SABloke]

From what I gather everyone seems to agree then that working up to and including day 365 (366 this year) entitles the employee (in this case a Thai national so WP issues not involved) to receive 90 days severance pay. Like this post for a ''yes''. Thanks again for your input.

[Koosdedooes]

...one would have to strongly argue for the latter of course....

...it would be truly sinister otherwise.....

...the best is when they never process your papers or get you a relevant visa and work permit....

...then you get nothing.....even if they decide to withhold your salary.....

...happened to me.....through an expat agency....

So one assumes you took the agency to the Department of Labour then and laid a claim against the agency, they don't care is you have a WP or not in cases like this

Edited May 26, 2016 by Koosdedooes

[BlindMagician]

As far as I'm aware they class the year date to date.

If you start work on say the 5th of may the first year finishes on the 5th of may one year later.

One year is "date" to "same date minus 1 day" - with notable exception of the leap year, plus apply the same common sense, and you'll work that one out.

[overherebc]

As far as I'm aware they class the year date to date.

If you start work on say the 5th of may the first year finishes on the 5th of may one year later.

One year is "date" to "same date minus 1 day" - with notable exception of the leap year, plus apply the same common sense, and you'll work that one out.

Try reading all the way through the posts before you make rash statements.

It's called common courtesy.

[BlindMagician]

As far as I'm aware they class the year date to date.

If you start work on say the 5th of may the first year finishes on the 5th of may one year later.

One year is "date" to "same date minus 1 day" - with notable exception of the leap year, plus apply the same common sense, and you'll work that one out.

Try reading all the way through the posts before you make rash statements.

It's called common courtesy.

Not a rash statement. If simple logic offends, then not my problem. Every contract I have seen guys to this logic. Don't get your knickers in a twist.