Dismissal without severance pay

[Alfred2017]

Hello

 

I have a Filipino friend who was recently terminated from her position with a major hotel in Bangkok and was not paid any termination pay.  She was terminated as they didnt want to keep illegal employees on and they didnt want to arrange a Work Permit and Visa.  She was working in this position without a Work Permit, Visa or contract for two years.  Just wondering is she able to make a complaint to the Labour Department or is that not going to be worthwhile as she was working illegally?  My understanding under Thai law she should have received two weeks or one months notice depending on the pay period plus 90 days termination pay.

 

Thanks

[Gumballl]

Let's see... collect $200 and go straight to jail.  Hmm, I don't like this game.  Your Filipino friend may not like it either.  Your friend should just cut their losses, and return home.

[colinneil]

OP what planet are you living on?

Working here illegally and wants severance pay.

Thinking about going to the labour department 

Surely that is a joke.

[TravelerEastWest]

Your friend will get the severance pay if she goes to the labor department.

 

If she plans to go home after that she might be OK and then agasin she might not a gamble...

[AhFarangJa]

Scenario number one.........Firstly......Go to the Labour Court and make a claim. Second.......Receive severance pay and compensation. Third.....Pay the said severance pay and compensation to the officials in the labour ministry, and immigration police as fines for working illegally, and having no visa, .........go to airport.........

[Estrada]

Expats here without work permit have gone to the labour department and received severance pay. a major construction company I worked for here had to pay everyone severance pay even expats on fixed 1, 2 , 3 & 4 year contracts as only Thai law applies. In my case they settled out of court after I wrote them a letter pointing out the law and threatening that I would notify the labour department. I would expect that the hotel has a lot to lose if she just threatened to go to the labour department and will pay the severance pay rather than  have a full scale investigation of their books and hiring practices.

[jossthaifarang]

Put that in your pipe and smoke it.. Or if you want to save yourself the time reading this? "Do not pass begin, do not collect $200", go straight to the airport..

 

http://www.thaiworkpermit.com/wp-content/uploads/2013/05/aliens_act.pdf

[mikiea]

On 8/3/2017 at 6:29 AM, Gumballl said:

Let's see... collect $200 and go straight to jail.  Hmm, I don't like this game.  Your Filipino friend may not like it either.  Your friend should just cut their losses, and return home.

what part of illegal employee do you and her not understand ?

[Gumballl]

On 8/4/2017 at 11:24 PM, mikiea said:

what part of illegal employee do you and her not understand ?

Huh?  What part of my sarcasm did you not understand?

[blackcab]

The Labour Board couldn't care less about work permits and visas. As has been noted, they enforce labour laws and they are generally on the side of the employee.

 

The fact that an employee doesn't have a work permit for two years reflects very badly on the employer, not the employee.

 

I would advise the ex-employee to contact the hotel and explain they want every baht they are owed, if not they will go to the Labour Board.

 

You can only imagine how much it is going to cost the hotel to sort out their entire tax and social fund issues once all the government departments realise they have been submitting false statements for years.