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Steps

Taking company to court over over unfair dismisal

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Hello everybody,

  I have been unfairly dismissed from my company that i have been employed in for many years. I have never had any warnings during my employment time up until now where i have been dismissed for neglecting duties. This has come about due to a takeover by another company and i am guessing they do not want to pay severance. What i would like to know is what do i do now and what can i expect. I know i will need to get a good layer who understands employment law. Is there any good recommendations? Also how much will this cost me about and how long can i expect this process to go on for.

 

I want to ad that this is not a one of case but that there are quite a few people who are being moved out in this way.

 

Please help!!

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Where ?? Thailand ??

Is the company Thai or foreign ?

What does it say in your contract with reference to termination ?

 

Lots of missing information, however, only a lawyer can really tell you where you stand...

 

Good luck

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Posted (edited)

thai labour laws are very clear on this and it is very difficult to actually dismiss an employee without showing cause and following proper procedures and issuing the proper warnings.

if as you say there have been no warnings issued for a period of one year, and you have not repeated the specified offense within that time period, i'm not certain you would even need a lawyer on this one, but if you have been there for a number of years, it would certainly be worthwhile to seek advice or have representation as there is potential for up to 300 days worth of salary and additional compensation for unused leave.

 

the process is not long and generally very straight forward. it really should not cost much.

i was devastated to find out my department in a multinational had been outsourced after over 10 years, but i walked with nearly 3 years salary between bonuses, stock options and thai severance.

luckily i was an early example after a takeover, and was treated well to assuage the fears of others. A year later a number of heads hit the chopping block with far less favourable terms.

 

good luck, but i suspect unless you had a fixed term contract ie yearly renewals you will be fine, and the ruling will likely not require court, merely submission of complaint, investigation and decision by labour inspector. 


 

Edited by HooHaa
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20 minutes ago, Steps said:

I have been unfairly dismissed from my company that i have been employed in for many years.

Welcome to Thailand.....If you are a foreigner, unfortunately you will be treated as a second class citizen at best.

Even if you win in court (which I highly doubt), good luck in trying to collect an award.

Move on to greener pastures...you'll save a lot of frustration, time and money.

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1 hour ago, flyingtlger said:

Welcome to Thailand.....If you are a foreigner, unfortunately you will be treated as a second class citizen at best.

Even if you win in court (which I highly doubt), good luck in trying to collect an award.

Move on to greener pastures...you'll save a lot of frustration, time and money.

 

Not necessarily true at all.

 

To the OP, contact / go to the dept. of labour office (In Bkk at Din Daeng) and discuss your case with them, the dept. has a good track record of helping people in these situations including helping foreigners.

 

From previous threads on this subject they are good listeners, good English and make it clear the labour laws apply regardless of the nationality of the employee.

 

And as already said the law is specific and if anything favors the employee. 

 

I've heard of cases (where it's a foreign employee) going through the court with little delay and the judge made no mention of the fact the employee was foreign and followed the letter of the law.

 

Good luck.

 

 

 

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1 hour ago, flyingtlger said:

Welcome to Thailand.....If you are a foreigner, unfortunately you will be treated as a second class citizen at best.

Even if you win in court (which I highly doubt), good luck in trying to collect an award.

Move on to greener pastures...you'll save a lot of frustration, time and money.

What a complete and utter load of rubbish, you obviously have no idea whatsoever.

 

OP, take Sheryl's advice and contact your local labour department office, they will assist you and as Sheryl states decide if the company has acted outside of the law, which it does sound like they have done, don't waste your time or money on a lawyer.

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As stated local Labour Office, no lawyer needed. Got money due but not paid by employer, even though it was two years after the fact.

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You claim you were dismissed for neglecting your duties, is the a form of serious wilful misconduct, for this you wouldn’t need a warning it can result in summary dismissal. What was your serious and wilful misconduct, can you tell us?

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When the new company took over , did they pay severance up until this time or did the seller & buyer 

do a shonkee deal. It is unusual for them to be allowed to take over existing employment time ? Check  on that as the Labour Dept do look after people pretty well

 

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6 minutes ago, natway09 said:

When the new company took over , did they pay severance up until this time or did the seller & buyer 

do a shonkee deal. It is unusual for them to be allowed to take over existing employment time ? Check  on that as the Labour Dept do look after people pretty well

 

This is interesting. What do you mean by a shonkee deal? I have been reading that if there is a takeover or merger, the staff have to be asked? Which means we can refuse? which means we should get severance?

 

It is not clear who we are anymore. Is it possible to be 95% one and 5% the other? and if so, does that mean they dont have to pay severance?

 

Thanks

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BANGKOK 22 June 2018 04:36
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