When we perceive a significant threat for us to provide our facilities, either for a fight to the death or a desperate flight from certain defeat against a clearly superior opponent. This is the fight or flight response, understandable and clear for a situation where a worker is losing about themselves or in fact, he lost valuable work. But whether to fight the termination of employment or a duly accept your fate depends largely on the associatedCircumstances.
Take the case of Mike Doe. Mike is an American who came to Thailand after he was offered a teaching position from one of the largest agency in Thailand. Was before his arrival here, he promised to repay the amount of his travel expenses, decent housing and make a livable home with you . pay Mike agreed in the employment anywhere in Thailand without regard to the difficulty of the shift are assigned to bring. But to his surprise, heMove was to distant schools, only five times over a period of one months. None of what he promised before and after he signed the employment contract was always given to him by the agency. Toward the end of his one-month stint, the agency began concocting horrible stories, so that it is a valid reason to terminate Mike, had the worst of which is the allegation of child abuse.
Of course, Mike was furious. Not only did he spend a lot of money for travel and subsistence costs, butbe sullied reputation followed him everywhere he went.
To remedy this situation, the agency offers to pay him 45,000 THB, and threatened him if he would not accept the money, he is thrown from Thailand in a short time. The amount is offered, not even enough to cover the refunds through him. To make matters worse, he was forced to sign a waiver of legal action against the agency file under the guise of a "voluntary resignation letter." Mike was actually completed as far asThe agency is worried when he received a text message saying, "You're fired, man!"
To be sure, suffer many of the foreign teachers who came to Thailand the same fate. Then what is a foreigner right of employees in such a situation? Does he have a constant to the agency for their illegal activity, he should fight or simply to the ridiculous amount, sign the waiver, and return on board the next plane to America?
APPEALS TERMINATED EMPLOYEES BY LAW unlawful THAI.
Mike cana complaint with the Labor Relations Committee within 60 days from the date that his rights have been violated. Thai laws, as we now know, also apply to foreigners. The protection that Thai workers are granted equal respect for foreigners allowed in, given 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 may also file a criminal complaint against the employer, butuntil after the Labor Relations Committee has passed on an award, and the employer has failed to comply with the order of the committee.
The labor
Only laboratory courts is unfair termination cases. This may be the Central Labor Court, where the place is the work of the Bangkok Metropolis and nearby provinces, a region or the province to raise labor when used in the region or province in the place of work, or a court if thePlace of work is not labor from within the territorial jurisdiction of the courts.
Exhaustion of administrative REMEDIES
Administrative rights after the NMI and LRA provided must be exhausted, but before an appeal can be filed with an employment tribunal.
RECOURSE TO labor organizations
Existing workers' organizations can provide employees in labor disputes brought before the labor. Only a duly signed authorization is not required.
REISNTATEMENT, PRICESAnd / or compensation
Reinstatement back to the status quo at the time of dismissal may request the court to determine that the employee was, in fact, be appointed illegally terminated. If the relationship between the employee and the employer has been seriously damaged, so that reinstatement is no longer possible, the court can simply enter the amount of damages to be paid to the employee. Factors considered in determining the amount of damages to include the following: age of the worker, theLength of service, the plight of workers at the time of dismissal, the reason for the dismissal and compensation of employees are entitled.
Tuesday, February 23, 2010
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