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[itsjustme]

For over a Year I worked in Chiang Mai. Have a fixed contract and in the contract is mentioned it can be terminated with a 60-day written notice.

 

Today I am told that my function don't exist anymore and therefore i don't have a job now. The company offered me a similar job in Bangkok, which I can accept if I move to Bangkok within 1 week leaving my life in Chiang Mai behind.

 

My question is: if they say my job don't exist anymore, isn't that the same as fire me for this position? Shouldn't there have been a 60-day written notice before? Or is it legal in Thailand to handle things this way?

I'm not unwilling to move to Bangkok but should have at least got the chance to stay another 60 days in Chiang Mai to take care of many things such as my apartement, contracts, etc... instead of forcing this sudden move?

 

Hope somebody can give me some advice.

[blackcab]

If your fixed contract was for 12 months, and it is now 12 months after you signed the contract, then your contract is terminated.

 

A fixed contract doesn't need to give you notice that it has been terminated at it's conclusion. You got that notice the day you signed the contract. Clearly, a 12 month contract means after 12 months the deal is concluded.

 

The 60 days is if the employer terminates the contract before 12 months.

[itsjustme]

I had a contract for unlimited time, already running for 15 months... there was no end-date mentioned in the contract

[Rob13]

13 minutes ago, itsjustme said:

. there was no end-date mentioned in the contract

 

Seems that would be your answer right there.

[itsjustme]

So you mean they should have given me 60 day notice? Or what do you mean?

[JHolmesJr]

if you start fighting with them now, you can kiss the bkk job goodbye.

 

suck it up and go to bkk…then come back to CM on weekends to wrap up there.

[Rob13]

14 minutes ago, itsjustme said:

So you mean they should have given me 60 day notice? Or what do you mean?

 

No, I meant, there's no definite end date on the contract, so there's not much room to argue if they were in the right to end it or not.

 

IMHO, you weren't fired so there's no need to give you a 60 day notice and there doesn't seem to be any provisions for transfers. I'd either take the new duties in BKK or quit and find something else if you don't like the idea of living in BKK.

[itsjustme]

but isn't ending a job function not the same as firing somebody? it's breaking the contract right? In my contract states my job is in Chiang Mai not in BKK. Can they just change that without any given notice in advance?

[Rob13]

4 minutes ago, itsjustme said:

but isn't ending a job function not the same as firing somebody?

Not if they keep you on the payroll and give you new duties. As far as the other stuff goes, i don't know. You'd really need to get a lawyer. In the end i doubt it's worth the fight, especially if the company is downsizing and having financial problems. Sounds like they're doing you a favor by keeping you on. 

Edited January 31, 2017 by Rob13

[vaultdweller0013]

Assuming that you don't want to move to Bangkok or couldn't come to an agreement with your employer on how to compensate you for the move, here is a summary of the company's obligations and your rights under Thai labor law:

 

http://protection.labour.go.th/doc/สิทธินายจ้างลูกจ้าง-อังกฤษ.pdf

 

Section 9 covers the Thai company's requirements under Labor law. If you choose to leave the job, it would seem you are entitled to severance pay of 90 days wages at the very least. You could potentially be entitled to more due to provisions in your contract, but the best place to get advice would be to from the Labor Department. They generally are known for being employee friendly, even for foreigners, but this could, of coarse, vary on a case by case basis.

 

 

 

 

[itsjustme]

thanks this is very very usefull

[blackcab]

My apologies. I misunderstood your use of the word fixed.

 

The minimum you are entitled to is 30 days notice plus 3 months severance. It would appear your contract increases that to 60 days notice plus 3 months severance.

 

If you don't receive the money do refer the matter to the Labour Board without delay. They are efficient, fast and they tend to find in favour of the employee.

 

It makes no difference that you are foreign.

[Autonuaq]

Just take the job in bangkok

Be happy they offer and willing to make the paperwork ready as well change your workpermit

 

If you dight they kw how to stop all for you. And takes time to get work, if you can get.

 

Also all postions offered to foreinger are sooner or later redundant.

Keep that in mind

 

[cyborgx]

FYI if you take a Redundancy payoff, make sure their accountant knows what they are doing (most do not know how to handle redundancy payments). You are entitled to probably all (or up to a special limit) of a Redundancy payment TAX FREE. You need to complete a special tax form in addition to your usual tax return to claim the special tax allowance.