The severance pay is the remuneration paid by an employer to a dismissed or dismissed worker whose work has been eliminated, who has decided by mutual agreement to leave the company or to leave the company because the company can no longer carry out its activities or for other reasons. In practice, the contractor and the outsourcing company can reach an agreement on which party is responsible for the benefits and well-being of the outsourced worker and the extent to which they must be agreed. The distinction between a contractor and a worker depends on the nature and content of the labour agreement. The Thai court will check, on a case-by-case basis, whether a working relationship has actually been established, regardless of the name of the agreement. As a general rule, the court will emphasize two characteristics: the manner in which remuneration or remuneration is paid and the scope and nature of the employer`s power to supervise the contractor. There is no difference between the employer conducting its own checks or a third party being responsible for doing so, since both approaches require the applicants` explicit written consent. The data protection authority requires employers who carry out these checks through a third party to implement an appropriate data processing agreement between them to ensure that the data processor of a third-party provider complies with the PDPA. In general, under the Civil and Commercial Code and the Occupational Health and Safety Act (APA), an employment contract must not be entered into in writing. A verbal agreement is sufficient to conclude, under normal circumstances, a legally binding employment contract between the employer and the worker.
However, in practice, it is strongly recommended to have a clearly written employment contract in order to avoid future misunderstandings or challenges. A mandatory retirement age may be included in the employer`s work rules or individual employment contracts. However, if the employment plan or employment contract has not set the retirement age or set the retirement age at over 60, the worker is entitled to retirement at age 60 and is entitled to severance pay corresponding to the number of years of service. If the company or employer has the power or right to designate, control or direct the contractor in the performance of the assigned tasks, and if the contractor has less independence and flexibility through working time and work, that agreement would be considered an employment contract subject to the APA. Imagine your boss hiring a new manager, whom he knows from an old company in which they worked together; Your boss does not want to include a trial period in the employment contract. He now asks if you can establish an employment contract without parole while complying with labour law. What`s your answer? In addition to benefits agreed in the employment contract or offered by the employer, the employer must provide its workers with other services and facilities such as drinking water, toilets, first aid (in accordance with the Minister`s order of March 8, 2005 on work benefits, adopted in accordance with Sections 6 and 95 of the APA) or safety equipment for certain occupations , in accordance with relevant departmental regulations. I am a teacher I worked in a school for more than 10 years, it ended me because of several absences, but it is due to illness, but I have a certificate of doctors for certain absences that I have the right to demand a separation salary. Fixed-term contracts are subject to certain restrictions of Thai law.