Terminated from job with no notice

[overherebc]

Quick questions to the OP.

Did you get a payslip every month detailing pay and deductions?

Have you still got them?

Edited July 2, 2017 by overherebc

[jeab1980]

8 minutes ago, overherebc said:

Not sure about that. She should do all on her own circumstances and keep Hubby's situation out of it. My opinion.

Why usualy on here ots hang em high dor working with no WP. Now its keep hubby out of it for working illegally cant have it both ways. I would say the company has more to lose than hubby who i suppose could claim he thought they had sorted it out.

[Maestro]

Removed a troll post and the replies to it.

[chrisinth]

With reference to you being paid half salary.............

 

Are you sure the company didn't tell immigration that you were paid the minimum wages (50,000 baht for UK for example) to obtain the extension of stay but were actually paid what was agreed?

 

I have heard of this happening here. It just seems odd to me that anyone would 'accept' half salary for such a long period of time.

[Sydebolle]

20 hours ago, overherebc said:

Information I have is that tax is paid on anything over 300,000 baht.

Well, then you might have the wrong information. Money not "earned" is not taxable, i.e. non-salary payments resulting from court rulings (severance, unfair dismissal etc.) or gains on stock exchange (likewise losses cannot be written off in eventual books). 

 

[Mattd]

5 minutes ago, Sydebolle said:

Well, then you might have the wrong information. Money not "earned" is not taxable, i.e. non-salary payments resulting from court rulings (severance, unfair dismissal etc.) or gains on stock exchange (likewise losses cannot be written off in eventual books). 

 

Totally incorrect, Severance pay in Thailand IS subject to taxation, the amount taxed is dependant on certain factors, in the case of the OP, then she is entitled to severance pay in accordance with the Labour law, as her 4 yearly contracts were unbroken, so would be considered continuous service.

She would get 180 days severance pay (in reality, 6 months), of which the first 300,000 THB would be tax free, the rest is taxed at the prevailing rates.

Had she been there for longer than 5 years, then she would have had a bigger tax break, as there a bigger allowances, 7,000 Baht per year of service and then only taxed on 50% of the total.

The table below illustrates the rates applied, although this maybe a little out of date, as the Income tax allowances have been revised for 2017.

One-time payment due to termination of employment (Baht)	Tax Rate
0 – 300,000	5%
300,001 – 500,000	10%
500,001 – 750,000	15%
750,001 – 1,000,000	20%
1,000,001 – 2,000,000	25%
2,000,001 – 4,000,000	30%
4,000,001 up	35%

[1SteveC]

15 hours ago, jeab1980 said:

Why usualy on here ots hang em high dor working with no WP. Now its keep hubby out of it for working illegally cant have it both ways. I would say the company has more to lose than hubby who i suppose could claim he thought they had sorted it out.

 

"who i suppose could claim he thought they had sorted it out." - Ignorance of the law is not a legal defence.

[jeab1980]

1 hour ago, 1SteveC said:

 

"who i suppose could claim he thought they had sorted it out." - Ignorance of the law is not a legal defence.

Nor is working illegally and knowing it. Both he and company guilty but i would still use it as a leverage in the op's case. Or at the very least  the threat of.

[overherebc]

11 minutes ago, jeab1980 said:

Nor is working illegally and knowing it. Both he and company guilty but i would still use it as a leverage in the op's case. Or at the very least  the threat of.

If everything re' the OP is as posted, and I'm not doubting it, no leverage would be needed.

[perthperson]

On 7/1/2017 at 0:48 PM, Sava said:

 

 

The OP should ignore posts which speculate or which provide 'advice' without full knowledge of the facts.

 

The best advice has already been given and that is to contact the Labour office for advice/assistance.

[Mattd]

2 minutes ago, perthperson said:

 

The OP should ignore posts which speculate or which provide 'advice' without full knowledge of the facts.

 

The best advice has already been given and that is to contact the Labour office for advice/assistance.

100% correct.

[Wilson Smith]

The labor dept and/or the labor court is straight forward, they only collect the facts. So get all the proof you have in terms of your start date, salary deposits (if direct deposits). My advice would be to go there soon, they most likely will call your employer and then let you know what they have stated. If it has been a termination without compensation they will tell your employee straight they cannot do.   

[Sydebolle]

On 7/3/2017 at 9:54 AM, Mattd said:

Totally incorrect, Severance pay in Thailand IS subject to taxation, the amount taxed is dependant on certain factors, in the case of the OP, then she is entitled to severance pay in accordance with the Labour law, as her 4 yearly contracts were unbroken, so would be considered continuous service.

She would get 180 days severance pay (in reality, 6 months), of which the first 300,000 THB would be tax free, the rest is taxed at the prevailing rates.

Had she been there for longer than 5 years, then she would have had a bigger tax break, as there a bigger allowances, 7,000 Baht per year of service and then only taxed on 50% of the total.

The table below illustrates the rates applied, although this maybe a little out of date, as the Income tax allowances have been revised for 2017.

One-time payment due to termination of employment (Baht)	Tax Rate
0 – 300,000	5%
300,001 – 500,000	10%
500,001 – 750,000	15%
750,001 – 1,000,000	20%
1,000,001 – 2,000,000	25%
2,000,001 – 4,000,000	30%
4,000,001 up	35%

Correct, but this severance payment is not pay voluntarily by the employer but needs to be legally enforced - i.e. not earned but rewarded by the court. In addition, income taxes are paid by the employer and not by the employee. Last not least the two last cases I am aware of the income tax was 37%, i.e. details were changed, amended, deleted and/or added - so absolutely sideshow elements! 

Irrespective of the above - important is that the case goes to court as it has more than a fair chance to win! And that is my point, everything else is collateral.