When we perceive a significant risk for us to offer our facilities, either for a fight to death or a desperate flight from certain defeat against an opponent much higher. This is the fight or flight, understandable and clear to a situation where an employee loses about themselves or actually lost valuable work. But if the fight against the termination of employment or a duly accept your fate depends largely associatedCircumstances.
Take the case of Mike Doe. Mike is an American who came to Thailand after he was offered a job teaching the largest agency in Thailand. That was before his arrival here, has promised to reimburse travel expenses and pay for decent housing in a habitable house with them. The employment contract by Mike agreed in Thailand regardless of difficulty are used to make the transition. But to his surprise, he was transferredfive times for a distance of school, for a period of a month. Nothing that he promised before and after the signing of the employment contract was given to him by the Agency. Towards the end of his one-month Stint The Agency began inventing stories of horror, so there is a reason to stop Mike, was the worst thing that the alleged abuse children. Of course, Mike was furious. Not only has he spent a lot of money for travel expenses and subsistence, but itsbad reputation follows him wherever he went.
To remedy this situation, the Agency proposes to pay him 45,000 THB, and threatened him if he would not accept the money, he was thrown from Thailand soon. The amount offered is not even enough to cover the refunds through it. To make matters worse, was forced to sign a waiver of legal action against the agency record under the guise of a "letter of resignation." Mike was actually completed as the Agencyis worried when he received a text message saying: "You're fired, man!"
To be sure, suffer a lot of foreign teachers in Thailand by the same fate. What then is the law of a foreign worker in a situation like this? There is a constant for the agency for their illegal activities, he must fight or simply ridiculous amount, sign the waiver, and the return on the next plane to America?
APPEALS FOR terminated employees illegally THAI LAW
Mike can be a fileComplaint to the Board of Labor Relations of the Committee within 60 days from the date of his or her rights have been violated. The laws in Thailand, of course, also apply to foreigners. The protection that the Thai workers are granted equal respect for foreigners allowed to enter the data here to work.
A prize will be issued and an appointment within a further period of 90 days, unless the Minister has decided to extend the deadline for the decision.
Criminal
Mike can also submit a criminal complaint against the employer,but only after the Board of Labor Relations Committee has approved a reward, and the employer has not complied with the order of the Commission.
Work
Only the courts in cases of unfair dismissal laboratory. This may be the Central Labor Court, in which the site is the work of the metropolis of Bangkok and surrounding provinces, a region or province to increase the labor force when used in the region or province in the workplace or a court if theWorkplace does not work within the territorial jurisdiction of the courts.
Exhaustion of administrative appeals
The human body after the INM and the LRA provided must be exhausted, but before the appeal can be lodged at an employment tribunal.
The use of trade union
Workers' organizations' in place 'can provide workers in labor disputes in the workplace. Only a signed authorization is not necessary.
REISNTATEMENT, PRICEAnd / or compensation
Restore the status quo for the dismissal in May asking the court to determine that the employee was, in fact, be appointed illegally closed. If the relationship between employee and employer has been seriously damaged, so that reintegration is not possible, the judge can simply enter the amount of damages payable to the employee. Factors considered in determining the amount of damages includes the following elements: the age of the worker,Length of service, the situation of workers at the time of dismissal, the reason for dismissal and remuneration of employees are entitled.
O comments at "Fight or flight – Termination of contract in Thailand"
Comment Now!