Assistance for Terminated Employees

Department of Labour Protection and Welfare has set measures to protect and solve the problem of employment termination without severance pay or with illegal pay in the case that the employer (especially an organization of foreign shareholders) declares to close down the business. The measures are as follows:

1.Step of pursuit of circumstances. (before closing down the business or terminating employment)

1.1 Officers are assigned to inspect enterprises that tend to or are expected to confront problems of production and/or marketing, and are likely to close down the business or to terminate the employment. This is proceeded by observing the reduction in working hours, part time or overtime work and the periodical cessation of work with wage pay, etc.

1.2 Officers (from Central Administration: Division of Labour Relations and from Provincial Administration: Labour Protection Section and Labour Relations Section) are appointed and assigned to pursue and look after businesses that tend to have problems and, at the preliminary stage, report circumstances to the Province Department of Labour Protection and Welfare and Ministry of Labour and Social Welfare by holding a conference on every Tuesday morning.

1.3 Coordinate with related organizations such as Ministry of Commerce , Ministry of Industry, Revenue Department, Provincial Department and other organizations in the same area of the business premises in order to acknowledge more information such as the refund of export tax and the asset value of the employer's shares in other business and so on; and coordinate with other organizations at early stage.

1.4 Find an opportunity to talk to employees to acknowledge more facts. At this stage, the employees may prepare petitions (where necessary and appropriate). The employees can appoint their representatives and notify their addresses and telephone numbers to coordinate with the organizations periodically.

1.5 If possible, find an opportunity to discuss with the employers or the management and enquire the situation and movements of the business, and propose necessary procedures, which are in line with the laws, policies and good labour relations. For example, employers are preposed to consider any actions according to "The Measure in Lessening Problem of Employment Termination B.E.2529".

1.6 Report the matter to superiors.

1.7 Study and analyze the obtained information to find the facts which is beneficial for the future procedures.

2. Assuming Procedure (when the employer closes down the business and terminates employment).

2.1 In the case that the employer still lives in the country

2.1.1 The officer is assigned to inspect the related documents such as registrar of employees, wage and payroll account, regulations and the employment agreements, at the business premises and to clarify the employer or authorized representatives as to the laws and duties of the employers in making severance pays and other benefits to the employees.

2.1.2 Send reminders to the employers to comply with the Labour Protection Law (by Labour Inspection Officers).

2.1.3 Contact the employees to submit the officer petitions (or arrange the drafted petitions, if any, to be signed by the employees and submit it to the officer) to request severance pays and other benefits according to the Labour Laws and/or employment contract and/or any employment agreement and/or regulations of each company.

2.1.4 Prepare registrar of the employees and calculate the amount of severance pay, benefits and the total sum; and prepare other documents of the employees in order that authorized persons in Provincial Department of Labour Protection and Welfare or legislators in the Department of Labour Protection and Welfare can submit petitions to the court to legally sequestrate the employees' properties; and coordinate with the Revenue Department to sequestrate the tax refund.

2.1.5 Coordinate with the Ministry of Commerce ( or Provincial Department of Commerce ) in relation to the investigation of balance sheet or financial status of the business.

2.1.6 Coordinate with Immigration Bureau to be prepared for the event that the employers may escape from the country.

2.1.7 Coordinate with Customs Department and Department of Factories (or Office of Provincial Industry) in the case that the employer may move machines out of the country.

2.1.8 Coordinate with every office of Ministry of Labour and Social Welfare. This includes Department of Public Welfare, Department of Employment, Department of Skill Development and Social Security Office in order to provide career trainings, procure the job to the unemployed and notify them of their rights and benefits during their unemployment period.

2.1.9 Coordinate with Board of Investment (BOI) in order that BOI can be aware of the enterprise, which is being supported by BOI in order to consider the improvement of the conditions for investment promotion.

2.2 In the case that the employers escape from the country.

2.2.1 The officer is assigned to investigate the related documents such as registrar of employees, wage and payroll accounts, regulations and employment agreements, at the premises of the business and clarify the employers or their representatives as to the laws, duties of the employers in making severance pays and other benefits to the employees.

2.2.2 Send reminders to the employers to comply with the Labour Protection Law (by Labour Inspection Officers).

2.2.3 Contact the employees to submit the officer petitions (or arrange the drafted petitions, if any, to be signed by the employees and submit it to the officer) to request severance pays and other benefits according to the Labour Laws and/or employment contract and/or any employment agreement and/or regulations of each company.

2.2.4 Prepare registrar of the employees and calculate the amount of severance pay, benefits and the total sum; and prepare other documents of the employees in order that authorized persons in Provincial Department of Labour Protection and Welfare or legislators in the Department of Labour Protection and Welfare can submit petitions to the court to legally sequestrate the employees' properties; and coordinate with the Revenue Department to sequestrate the tax refund.

2.2.5 Contact the employee to report the police at the local police station where the premises of the business is situated.

2.2.6 Coordinate with Immigration Bureau in the case that the employer may return to the country.

2.2.7 Proceed steps to sequestrate the employer's remaining properties as stated in 2.1.4.

2.2.8 Coordinate with Ministry of Commerce to investigate for balance sheet or financial status of the business.

2.2.9 Coordinate with Department of Customs and Department of Factories in the case that the employer may move machines out of the country.

2.2.10 Coordinate with Department of Employment ( or Provincial Employment Office) to procure jobs and to help the unemployed and coordinate with the offices of the Ministry of Labour and Social Welfare (both in central and provincial administration where the premises of the business is situated) in order to protect the rights of the employees and enforce the employers to comply with the laws such as Social Security Legislation and Compensation Fund Legislation, etc.

Remark:
These measures as stated above can be changed, altered, improved and adjusted as apppropriate to the circumstance, time and surrounding of each locality, which has different condition and limitation.