Fight Or Flight – Termination of employment in Thailand
When we perceive a significant threat to us, our body prepares for a fight to the death or a desperate flight from certain defeat against a clearly superior adversary. This is the fight or flight response, certainly understandable and clearly applicable to a situation where an employee is about to lose or has lost their precious job. But whether to fight the termination of her employment or gracefully accept his fate depends largely on the attendant circumstances.
Take the case of Mike Doe. Mike is an American who came to Thailand after being offered a teaching job by one of Thailand’s largest placement agencies. Before coming here, he was promised reimbursement for all his travel expenses, a decent housing allowance, and a deliverable net salary. In the employment contract, Mike agreed to be assigned anywhere in Thailand regardless of the difficulty of relocation. But, to his surprise, he was relocated five times to distant schools in just one month. The agency never delivered anything that was promised before and after signing the employment contract. Towards the end of his month-long term, the agency began making up horrible stories in order to have a valid reason to fire Mike, the worst of which was the allegation of child abuse. Naturally, Mike was furious. Not only did he spend a lot of money on travel and living expenses, but his tarnished reputation followed him wherever he went.
To remedy the situation, the agency offered to pay him THB45,000 and threatened that if he did not accept the money, he would be expelled from Thailand in a short time. The amount offered is not even enough to cover the refunds due to you. To make matters worse, he was forced to sign a waiver of legal action against the agency under the guise of a “voluntary resignation letter.” Mike was effectively fired as far as the agency was concerned when he received a text message that said, “You’re fired, man!”
No doubt many of the foreign teachers who came to Thailand suffered the same fate. What then is the recourse of a foreign worker in such a situation? Does he have a standing to fight the agency for his illegal acts or should he just take the paltry amount, sign the waiver and board the next plane back to the States?
UNLAWFULLY TERMINATED EMPLOYEE REMEDY UNDER THAI LAWS
Mike May files a complaint with the Labor Relations Committee within 60 days of the violation of his rights. Thai laws, as we now know, apply equally to foreigners. The protection granted to Thai workers is accorded with equal respect to foreigners authorized to work here.
An award and order will be issued within another 90 days, unless the Minister has decided to extend the term to issue a sentence.
CRIMINAL ACTION
Mike can also file a criminal complaint against the employer, but only after the Labor Relations Committee has issued an arbitration award and the employer has not complied with the Committee’s order.
LABOR COURTS
Only labor courts have jurisdiction over unfair dismissal cases. This may be the Central Labor Court if the place of work is the metropolis of Bangkok or its surrounding provinces, a regional or provincial labor court if one has been established in the region or province of the place of work, or a First Instance Court if the workplace is not located within the territorial jurisdiction of any labor court.
EXHAUSTION OF ADMINISTRATIVE RESOURCES
However, the administrative remedies provided for in the NMI and the LRA must be exhausted before a claim can be brought in an employment tribunal.
RESOURCE TO LABOR ORGANIZATIONS
Existing labor organizations can represent employees in labor disputes brought before labor courts. Only a duly signed power of attorney is required.
REINSTALLATION, AWARDS AND/OR COMPENSATION
The court may order reinstatement to resume the status quo at the time of termination if it is determined that the employee was indeed unlawfully terminated. If the relationship between the employee and the employer has been so severely damaged that reinstatement is no longer possible, the court may simply specify the amount of damages to be paid to the employee. Factors to consider in determining the amount of damages include the following: the employee’s age, length of service, the employee’s hardship at the time of termination, the cause of termination, and the compensation the employee is entitled to receive.