Sir_Fondles Posted August 17, 2019 Share Posted August 17, 2019 1 minute ago, john luke said: I do not know or understand how Thai law works, but in UK that would be unlawful and lead to employment tribunal. A lot depends on how accessible Thai law is to the staff. @Yesitisdakid Any idea? Labour dept is very approachable and is very pro employee. They signed a resignation letter though so no leg to stand on unless they can prove they were forced to sign. . Quote Link to comment Share on other sites More sharing options...
Stillearly Posted August 17, 2019 Share Posted August 17, 2019 3 minutes ago, john luke said: I do not know or understand how Thai law works, but in UK that would be unlawful and lead to employment tribunal. A lot depends on how accessible Thai law is to the staff. @Yesitisdakid Any idea? https://www.thaistartup.com/references/severance-pay-rules.php Quote Link to comment Share on other sites More sharing options...
john luke Posted August 17, 2019 Share Posted August 17, 2019 3 minutes ago, Sir_Fondles said: Labour dept is very approachable and is very pro employee. They signed a resignation letter though so no leg to stand on unless they can prove they were forced to sign. . It would depend where burden of proof lays when one party alleges duress. Different jurisdictions have different rules; in some the person alleging merely has to raise the issue and the burden then falls on the other side to disprove it. Others the party alleging must prove on balance of probabilities. Quote Link to comment Share on other sites More sharing options...
Sir_Fondles Posted August 17, 2019 Share Posted August 17, 2019 2 minutes ago, john luke said: It would depend where burden of proof lays when one party alleges duress. Different jurisdictions have different rules; in some the person alleging merely has to raise the issue and the burden then falls on the other side to disprove it. Others the party alleging must prove on balance of probabilities. In Thailand or the UK ? Quote Link to comment Share on other sites More sharing options...
john luke Posted August 17, 2019 Share Posted August 17, 2019 8 minutes ago, Sir_Fondles said: In Thailand or the UK ? Different jurisdictions means worldwide. Quote Link to comment Share on other sites More sharing options...
Sir_Fondles Posted August 17, 2019 Share Posted August 17, 2019 Just now, john luke said: Different jurisdictions means worldwide. Righto, yeah good luck with that in Thailand. Quote Link to comment Share on other sites More sharing options...
misteregg Posted August 17, 2019 Share Posted August 17, 2019 Funny you should ask I ran into her and mook at a Thai BBQ about a week ago they both looked well and both were pretty adamant about not going back to work thereSaw her as well. She said the same. Quote Link to comment Share on other sites More sharing options...
tommy dee Posted August 18, 2019 Author Share Posted August 18, 2019 asking a staff member who isnt wanted any more, for whatever reason, to resign is SOP in Thailand from big to small companies. the employee still gets their payoff and thats quite a chunk based on time served. same as redundancy payment. in the case of a bad employee the choice is theirs.. quit or be fired. a company cant asksomeone to resign and then not settle thier rightful claim to money thats illegal 2 1 Quote Link to comment Share on other sites More sharing options...
Sir_Fondles Posted August 18, 2019 Share Posted August 18, 2019 Just now, tommy dee said: asking a staff member who isnt wanted any more, for whatever reason, to resign is SOP in Thailand from big to small companies. the employee still gets their payoff and thats quite a chunk based on time served. same as redundancy payment. in the case of a bad employee the choice is theirs.. quit or be fired. a company cant asksomeone to resign and then not settle thier rightful claim to money thats illegal If they are paying the severance payouts why make them resign ? Quote Link to comment Share on other sites More sharing options...
Thai Spice Posted August 18, 2019 Share Posted August 18, 2019 3 minutes ago, Sir_Fondles said: If they are paying the severance payouts why make them resign ? Avoid later claims ? And as @tommy dee mentionned it is a "standard" procedure. My ex was asked to leave when her boss (Expat M.D.) was replaced by HQ. French international company, position exec sec in BKK. I drafted a nice letter for her to remit to him, mentionning the usual legal stuff and highligthing that she was pregnant etc.... Result : current month paid + 3 months severance. That was end 90' s but I doubt much has changed. Note that a similar (legal) process exist in France called "demission a l'amiable" or "rupture conventionelle". Avoids a lot of hassle for both parties. And you still get your severance pay, and your right for jobless claims after. Quote Link to comment Share on other sites More sharing options...
Sir_Fondles Posted August 18, 2019 Share Posted August 18, 2019 1 minute ago, Thai Spice said: Avoid later claims ? And as @tommy dee mentionned it is a "standard" procedure. What later claims ?... Yes from people I know that have been forced to sign a resignation letter it is SOP for the business to avoid severance payouts. Quote Link to comment Share on other sites More sharing options...
Thai Spice Posted August 18, 2019 Share Posted August 18, 2019 2 minutes ago, Sir_Fondles said: What later claims ?... Yes from people I know that have been forced to sign a resignation letter it is SOP for the business to avoid severance payouts. Mate, you love to argue, so do it alone..... Enjoy your Sunday. 1 Quote Link to comment Share on other sites More sharing options...
tommy dee Posted August 18, 2019 Author Share Posted August 18, 2019 2 minutes ago, Sir_Fondles said: What later claims ?... Yes from people I know that have been forced to sign a resignation letter it is SOP for the business to avoid severance payouts. no you are wrong, its not. (1) its done for a good reason, i wont bore you with the legalities and (2) you cannot not py what an employee is entitled to. the dept of works will see to that and they help them for free. thaiand is v strict on severance payments being paid based on time served. Quote Link to comment Share on other sites More sharing options...
Sir_Fondles Posted August 18, 2019 Share Posted August 18, 2019 Just now, tommy dee said: no you are wrong, its not. (1) its done for a good reason, i wont bore you with the legalities and (2) you cannot not py what an employee is entitled to. the dept of works will see to that and they help them for free. thaiand is v strict on severance payments being paid based on time served. Guess we agree to disagree then and leave it at that. Quote Link to comment Share on other sites More sharing options...
tommy dee Posted August 18, 2019 Author Share Posted August 18, 2019 correct Quote Link to comment Share on other sites More sharing options...
Sir_Fondles Posted August 18, 2019 Share Posted August 18, 2019 1 minute ago, Thai Spice said: Mate, you love to argue, so do it alone..... Enjoy your Sunday. Hahahahaha... pot/kettle/black comes to mind. Have an awesome Sunday yourself !! Quote Link to comment Share on other sites More sharing options...
Pumpuynarak Posted August 18, 2019 Share Posted August 18, 2019 Well i attended many employment tribunals as a senior manager witness on behalf of my employer in the UK and won every one because of one reason, my company followed employment law and our own disciplinary procedure to the letter, case closed lol Are Secrets/Scotters doing the same ? Quote Link to comment Share on other sites More sharing options...
thumper63 Posted August 18, 2019 Share Posted August 18, 2019 September 1st is fast approaching. Will be interesting to see what unfolds. Personally I like Paul very much. Hope it works out for him. 3 Quote Link to comment Share on other sites More sharing options...
Gary Posted August 18, 2019 Share Posted August 18, 2019 If the bar manages to re-open, it will be one of my first stops. I do believe that anyone who does business with Ben is taking a huge risk and it is very likely that this guy got the short end of the stick. I don't know this guy Paul, but I do hope it works out for him. 3 1 Quote Link to comment Share on other sites More sharing options...
Stillearly Posted August 18, 2019 Share Posted August 18, 2019 11 hours ago, Gary said: If the bar manages to re-open, it will be one of my first stops. I do believe that anyone who does business with Ben is taking a huge risk and it is very likely that this guy got the short end of the stick. I don't know this guy Paul, but I do hope it works out for him. I'm thinking the opposite, it used to be my go to place , but after the way the staff have been treated and if they have have moved on , then it no longer has any draw for me , it's just another bar Quote Link to comment Share on other sites More sharing options...
Gary Posted August 18, 2019 Share Posted August 18, 2019 I have no idea why the place was open such a short time. I suspect that the previous owner/owners stuck the new owner with employee and other liabilities that he didn't understand. In any case, it's a strange situation. I'm willing to give the new owner the benefit of the doubt. Quote Link to comment Share on other sites More sharing options...
roobob Posted August 18, 2019 Share Posted August 18, 2019 (edited) 34 minutes ago, Stillearly said: I'm thinking the opposite, it used to be my go to place , but after the way the staff have been treated and if they have have moved on , then it no longer has any draw for me , it's just another bar Fair point... but I will drop in as usual when next in town if open . On the staff issue.... there seems to be a lot of innuendo getting spruiked around by some who have no involvement with the place and some who do not even live in LOS over different fora and the truth is probably in the middle of all the innuendos. Hopefully it will reopen and good luck to all those involved if/when it does.... always good to have a selection of venues to go to as a punter when in town. cheers Edited August 18, 2019 by roobob 1 Quote Link to comment Share on other sites More sharing options...
Gary Posted August 18, 2019 Share Posted August 18, 2019 21 minutes ago, roobob said: Fair point... but I will drop in as usual when next in town if open . On the staff issue.... there seems to be a lot of innuendo getting spruiked around by some who have no involvement with the place and some who do not even live in LOS over different fora and the truth is probably in the middle of all the innuendos. Hopefully it will reopen and good luck to all those involved if/when it does.... always good to have a selection of venues to go to as a punter when in town. cheers You really can't blame the Thai employees. They live from week to week is not from day to day. All farangs are rich so they expect to be paid promptly. A rookie bar owner with limited funds will be in trouble quickly in the this sorry environment. Quote Link to comment Share on other sites More sharing options...
roobob Posted August 18, 2019 Share Posted August 18, 2019 (edited) 44 minutes ago, Gary said: You really can't blame the Thai employees. They live from week to week is not from day to day. All farangs are rich so they expect to be paid promptly. A rookie bar owner with limited funds will be in trouble quickly in the this sorry environment. Mate... I do not blame them at all.... they deserve their pay if they did what they were hired for.... same as anyone who works anywhere. Going by some of the posts above... it seems they are getting paid and when/if the place opens then it is then up to them if they want to work there again if offered a job. cheers Edited August 18, 2019 by roobob 1 Quote Link to comment Share on other sites More sharing options...
nampla69 Posted August 18, 2019 Share Posted August 18, 2019 4 hours ago, Gary said: You really can't blame the Thai employees. They live from week to week is not from day to day. All farangs are rich so they expect to be paid promptly. A rookie bar owner with limited funds will be in trouble quickly in the this sorry environment. Agree 100% but Paul is not a rookie. Still think with the right management it could be a goldmine but now ........ as a well known bar owner once said: "It looks like a cross between a record shop and a garage". ............ too many staff doing feck all ........ and unfortunate timing. Hope it revives before it becomes Vijays VeganTandoori Masala ............. 1 4 1 Quote Link to comment Share on other sites More sharing options...
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