Being laid off, losing your job, or suddenly leaving your job, these events can happen to anyone,
whether we do a good job or not. So, how do we deal with it?
Especially during this period, when many businesses are starting to struggle, the result is that they have to lay off employees. If we are unlucky and suddenly become unemployed, when it happens, we have to find a way to deal with this situation.
When you are suddenly laid off and fired, here are some things you need to prepare for and consider immediately:
Regarding compensation
If it meets the criteria for termination: If the termination occurs without us resigning, which is a result of the employer’s decision, without us having done anything wrong or having problems with the parent company, as follows:
- Corruption in office by intentionally committing a criminal offense against the employer
- Intentionally causing damage to the employer
- Violating regulations or work rules or legal orders in serious cases
- Abandoning duty for 7 consecutive working days without reasonable cause
- Negligence causing serious damage to the employer
- Sentenced to prison according to the verdict
- Must not be a person entitled to receive old age benefits.
We also have the legal right to receive compensation as stipulated by law. According to the compensation payment criteria, relevant laws, Section 118 requires employers to pay compensation to employees who are terminated as follows:
- Employees who have worked for 120 days but less than 1 year are paid no less than 30 days’ wages.
- Employees who have worked for at least 1 year but less than 3 years are paid no less than 90 days’ wages.
- Employees who have worked for at least 3 years but less than 6 years are paid no less than 180 days’ wages.
- Employees who have worked for at least 6 years but less than 10 years are paid no less than 240 days’ wages.
- Employees who have worked for 10 years or more but less than 20 years are paid no less than 300 days’ wages.
- Employees who have worked for 20 years or more are paid no less than 400 days’ wages.
If the employer does not pay compensation or advance notice, it falls under the category of “unfair dismissal”.
The law does not specify any procedures, so employees can file a lawsuit with the labor court immediately upon being fired. The statute of limitations for labor cases is 10 years. (If anyone wants to sue the company, if the incident has not occurred within 10 years, hurry up and do it.)
About the work certificate
When we, as employees, are no longer working, no matter the reason, whether the design is beautiful or not, the employer (or company) must issue a certificate of employment to the employee in every case. Otherwise, it will be considered an offense.
I would like to cite the Civil and Commercial Code (CCC) Section 585 to understand the correct principles as follows:
Section 585 of the Civil and Commercial Code states that “When an employment has ended, the employee is entitled to a certificate showing how long he has worked and what the work was.”
This is the correct answer that the company must issue a certificate of employment to employees who have left their jobs in every case, regardless of whether the employee resigned on their own (in accordance with the company’s regulations or not), was terminated by the company (for whatever reason), or left the company for whatever reason.
In the employment certificate, the company should only specify the main things as required by law, such as when the employee started working with the company, what position they worked for, and which department they worked in, etc.
Regarding remaining benefits with the employer
Benefits such as outstanding expenses or pending payment, overtime pay, provident fund (if any), etc.
Even though we are no longer an employee, we still need to make an agreement and clear things up with the employer about various benefits first, so as not to lose our rights. Or if the employer intentionally does not give (but it is the rightful right of the employee to receive it), the employee can file a lawsuit to claim for damages for the part that the employer did not give at the labor court.
About unemployment benefits (Social Security Fund)
In addition to the compensation that the company, as an employer, pays to employees, employees are also entitled to receive unemployment compensation from and other benefits from the Social Security Office (if employees have social security).
The criteria for employees to be eligible is when the insured person has paid social security contributions for no less than 6 months within the 15-month period before unemployment (being laid off or resigning or ending the employment contract according to the specified period) without any legal violations.
In the case of being laid off,
receive unemployment compensation for no more than 180 days per year at a rate of 50 percent of the average salary, calculated from a minimum contribution base of 1,650 baht per month and a maximum contribution base of no more than 15,000 baht. For example, an insured person with an average salary of 10,000 baht will receive 5,000 baht per month.
In the case of resigning or terminating the employment contract according to the specified period,
receive unemployment compensation for no more than 90 days per year at a rate of 30 percent of the average salary, calculated from a minimum contribution base of 1,650 baht per month and a maximum contribution base of no more than 15,000 baht. For example, an insured person with an average salary of 10,000 baht will receive 3,000 baht per month.
Employees must register as unemployed at the government employment office within 30 days from the date of unemployment without waiting for a certificate of resignation as an initial demonstration of rights in order to comply with certain conditions of the Social Security Office, such as being able to work and ready to work appropriately as provided, and not refusing to do internships, and reporting to the employment office staff at least once a month.
Further details: Criteria and conditions for social security rights
Being unemployed may be an event that we do not want to happen,
but when it happens to us, we must preserve the benefits that we should receive.
Because in many cases where there are layoffs and sudden dismissals, companies take advantage of employees because employees do not know the law or the rights they should receive from being laid off, causing many employees to be fired without receiving any compensation at all.
At the same time, don’t be discouraged because this unemployment may allow us to find a new path or a better job.
More information:
Regarding the statute of limitations, in the case of “unfair dismissal”, the law does not specifically specify the statute of limitations for filing a lawsuit. The time period for filing a lawsuit is therefore in accordance with the civil statute of limitations, which Section 164 of the Civil and Commercial Code specifies as 10 years from the date the right to claim arose. For more information , visit http://bit.ly/2iZ4A4d
Regarding the work certificate in the case of being “dismissed”, more details at http://bit.ly/2eGCkCk
For more articles on labor law, please visit:
Layoffs due to COVID, is it true? Employees should know this so that they don’t get tricked by the company.
