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mopenyang

Member Since 2006-09-12
Offline Last Active 2011-01-27 07:10
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Posts I've Made

In Topic: Help! Visa Options And Severance Enquiry

2011-01-02 12:56:12

View Postzaphodbeeblebrox, on 2011-01-02 08:44:51, said:

View Postmopenyang, on 2011-01-02 03:43:20, said:

View Postzaphodbeeblebrox, on 2011-01-01 14:44:05, said:

Thai lawyers don't work on contingency.  All money is paid up front by the litigant.  

Not always the case.

Have you ever represented a litigant in a severance case in Labour Court in Thailand?

No, and neither have you.  It's the way the government prevents competent litigators from overrunning the poor lot they call attorneys in this country.  How do I know?  I oversee dozens of these Thai "lawyers" as part of my job.  I've fired more lawyers than I've fired employees here in Thailand.  The protection of their profession allows them to operate a legalized organized crime syndicate.  I've never heard of any of them working on a contingency basis.  And, by the way, I've been involved in about 15 cases where severance pay was claimed.

Impressive but it also sounds like you should know better than to make the blanket statement that all Thai lawyers don't work on a contingency basis.

This may have been your experience but it is surely not mine.

So of the 15 severance cases that you were involved in, can you tell us how many were actually adjudicated at the Labour Court level rather than at the ministry/administrative level?

Were they all thrown out or were some of the plaintiffs able to successfully prosecute their severance claim?

In Topic: Help! Visa Options And Severance Enquiry

2011-01-02 03:43:20

View Postzaphodbeeblebrox, on 2011-01-01 14:44:05, said:

Thai lawyers don't work on contingency.  All money is paid up front by the litigant.  

Not always the case.

Have you ever represented a litigant in a severance case in Labour Court in Thailand?

In Topic: Help! Visa Options And Severance Enquiry

2011-01-01 14:07:30

View Postzaphodbeeblebrox, on 2011-01-01 11:26:29, said:

View Postmopenyang, on 2011-01-01 07:57:54, said:

View Postzaphodbeeblebrox, on 2011-01-01 07:12:35, said:

if your contract expires, you are not entitled to severance pay.  You only get severance pay where the contract is terminated by the employer in the absence of gross misconduct, or where you have a contract of indeterminate length.

Absolutely incorrect.
LPA (1998) Section 118 (no severance pay for termination at end of contract)
Labor Protection Act (1998)

LPA (2008) Sections 17 (no notice required for termination at expiration of contract);119 (no severance pay for gross misconduct)
Labor Protection Act (2008)

Let's see: You a layman with no support in the law.  Me, a lawyer with citations from the labor code..  Who are you going to believe?

My Thai lawyers specialize in Labour Court cases and have won cases of the type that you seem to think it impossible to be awarded severance simply because a contract has expired.

Are you aware that it is quite common for severance cases in the Labour Court in Thailand not to be filed until the contract has expired?

In Topic: Help! Visa Options And Severance Enquiry

2011-01-01 07:57:54

View Postzaphodbeeblebrox, on 2011-01-01 07:12:35, said:

if your contract expires, you are not entitled to severance pay.  You only get severance pay where the contract is terminated by the employer in the absence of gross misconduct, or where you have a contract of indeterminate length.

Absolutely incorrect.

In Topic: Help! Visa Options And Severance Enquiry

2011-01-01 05:12:52

View PostScott, on 2010-12-30 15:40:44, said:

If you work for a gov't school you may be eligible for severance, but with the private schools you probably will not.  

Others may have more current information.

I know of a case involving a private international school presently in Labour Court in Bangkok and the judge has given no indication whatsoever that severance is outside the realm of possibility because of the Private School Act or for any other reason. In fact, the judge expressed surprise at an earlier hearing asking why had not the school already settled with the plaintiff.

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