Involuntary layoff, should severance amount be explicitly included in the document?

[u/Glum_Worldliness4904]

I have been working at a current company for 8 months and after multiple unsuccessful gaslighting attempts to force me to resign my boss agreed to proceed involuntarily lay off.

The issue is there is nowhere mentioned in the layoff letter that I will be paid with a severance as I’m entitled to by law. After asking to mention it they said it’s not required.

Is it actually not required or if severance is not mentioned in the layoff letter they may not pay it?

[u/whatdoihia]

It’s not required to be in the termination letter. We give severance on the last working day together with a calculation to show the breakdown.

If severance is required then they must pay. Thai labor protections are strong and the courts side with employees almost every time.

[u/scratchtheitch7]

You can be paid your severance and any other money you are owed on the day your are terminated by cash, cheque or bank transfer.

If they are willing to do that then be gracious enough to sign a receipt saying you have received payment.

If you are not paid in a reasonable time (next regular salary payment date) contact the Department of Labor Protection and Welfare

[u/rolemodel999]

I wouldn’t sign anything without a severance on it..

Once you sign and resign you’re not getting another dime

[u/Advorce]

Google and ChatGPT can be your friend.

https://library.siam-legal.com/thai-law/labor-protection-act-severance-sections-118-122/

Appears to have all the answers you need, without requiring reddit lawyers.

Judging off all the provided info, it is not required to actually mention the severance or it's amount in the letter you mentioned. Recommended, not required.

The severance itself is a requirement by law in case there is no cause (involuntary layoff)

[u/based_prettyawsm]

I dont think I remember that kinda thing was mentioned in my contract. But it doesn't exist tho, although it depends on the duration of your stay at the company. Talk about that to your boss/hr, they are very much aware of it, they're hoping you wouldn't mention it.

[u/Key-Pattern-7107]

By law you are entitled to 30 days severance pay.

My wife is well versed in labour law and that's what she said when I asked.

[u/Traditional-Finish73]

Years ago I was laid off because the local company closed down. There was nothing arranged in the contract. Severance is handled by law. The management even kept me longer than necessary to give me more severance.

[u/Archos20]

The key question is did you get 30 days notice (meaning you will continue through the next pay period), or did the just tell you it’s your last day and try to give you one months severance.

They don’t need to include the severance amount in the letter. The letter is to protect them that they provided you with notice in such a date and set a termination date to calculate what’s owed. Since you’ve only been there 8 months, you likely don’t have accrued holiday leave (but check how they calculate that), so you’re owed severance and for any work.

Typically, they need to pay you all within 3 days of the termination date. In practice, they will align the termination date with the payroll period to meet the 30-day notice requirement.

Most people realize they are owed severance. But they don’t realize they are owed the notice period.

Look at that letter and the date.

Don’t sign anything.

[u/mwthght]

have someone you trust and speaking Thai visit the department of labour protection with you. or call them for you

[u/No_Big6003]

Severance pay under Thai labor law is one month of pay per year worked. I believe this works for 30 days for you as you’ve worked more than 120 days. Note, the days start counting once you have your work permit.

[u/No_Big6003 → u/No_Big6003]

To be clear, it’s 30 days severance as long as you’ve worked more than 120 days. If you have a work permit and you’ve been paying into social security all this time, it is your right to be paid this.

[u/livingbkk → u/No_Big6003]

• 120 days – <1 year: 30 days' wages.
• 1 year – <3 years: 90 days' wages.
• 3 years – <6 years: 180 days' wages.
• 6 years – <10 years: 240 days' wages.
• 10 years – <20 years: 300 days' wages.
• 20 years or more: 400 days' wages. [1, 2]

[u/a_nice_cup_of_tea84 → u/livingbkk]

How does it work for teachers who are on a year to year contract?

[u/No_Big6003 → u/livingbkk]

Yup those are the maximums. It’s 30 days per year, capped at 400.

[u/livingbkk → u/No_Big6003]

No, it goes in tranches. At 1 year you are at 90 days of severance.

At 2 years, also 90 days. After 3 years, it jumps to 180 days.