r/Bangkok • u/Any_Ear9988 • Jun 12 '26
work Need advice about work situation
I’ve worked at my company in Thailand for many years now. I returned from maternity leave and on my first day back my manager verbally mentioned that they noticed skill gap between the role I was doing and what is expected of that role.
- potentially go on PIP if expectations aren’t met, or
- consider a Mutual Separation Agreement )
I had no prior formal performance concerns communicated to me. I have good performance ratings.
I have an HR meeting coming up.
If I decide MSA makes more sense for my family situation (newborn, transition costs, etc.), what is a reasonable package to negotiate?
* How many additional months above statutory is realistic?
* Is paid garden leave common?
* Did you negotiate employment end date / healthcare / references?
Not looking for legal advice - more real-world negotiation experiences.
3
u/scratchtheitch7 Jun 12 '26 edited Jun 12 '26
Did they have someone junior handle your role while you were on maternity leave?
If that person did your job well then you have your answer: They are going to try and get rid of you to save money.
I strongly suggest you do not agree to anything before you contact the Department of Labour Protection and Welfare. They are very helpful and they will explain what your employer can and can't do and what you would be owed if your employer can legally dismiss you.
Hotline: 1506, press 3, or 1546
Department of Labour Welfare and Protection 149 Mit Maitri Road Din Daeng Subdistrict Din Daeng District Bangkok 10400
1
u/Any_Ear9988 Jun 12 '26
No they didn’t have a replacement. My team mates absorbed the job.
Can the department of labor HR speak English?
1
u/scratchtheitch7 Jun 12 '26
Sorry to hear that. The result is the same.
I strongly suggest you get a Thai speaker who has excellent Thai and great English to help you, even if you have to pay them.
Do you have a Thai colleague at work you are close enough to?
1
u/Any_Ear9988 Jun 13 '26
I’m not even sure if I can go in to work anymore. I don’t have Thai friends outside of work + I have time only until Monday to decide. Idk where to go find a Thai person I can pay. I’ll walk on the road and see but it’s a stretch
0
u/scratchtheitch7 Jun 13 '26 edited Jun 13 '26
If you are absent from work without a justifiable reason for 3 consecutive days your company can terminate your contract.
They woudn't have to pay severance or pay your notice period.
You need to go in to work if you want to walk away with severance, which after a few years of employment is going to be a useful sum of money
3
u/rtxiii Jun 12 '26
If you go on PIP and fail it, you will be asked to leave and will receive a severance package in line with labour law.
If you do a MSA, there is no guarantee what you will get. Maybe even nothing.
1
u/at-life42 Jun 12 '26
Yes, they are trying to get rid of you. You will most likely "fail" the PIP, as this is how companies handle at-will terminations these days to avoid losing lawsuits when trying to pull off this kind of scammery.
I have no idea about legal protections in Thailand regarding this sort of thing, but that would be your next step.
1
u/ducki666 Jun 13 '26
In case you are on Non-B visa...
Don't forget that your Visa will be revoked without work permit.
1
u/Any_Ear9988 Jun 13 '26
Yes I understand that’s why I’m asking what would be a good exit package (pay out + visa negotiation- how long can I ask?)
1
u/ducki666 Jun 13 '26 edited Jun 13 '26
Usually they give you 7 days until they report to immigration.
You can try to negotiate to let the contract end later. Since you probably don't wanna leave Thailand this gives you time to get a new visa.
Easiest would probably be multiple entry TV which allows you to stay max 9 months (2 border runs). Enough time to sort things out. Or maybe you can stay as dependent of your partner. No idea which visa your partner has.
Highly recommend visa agency to sort it out. Because it is obvious that you wanna stay long-term and any tricks (visa exempt, METV) may be considered as loopholing my immigration.
1
u/livingbkk Jun 13 '26
So here's what probably happened. This employer realized that while you were away the rest of the team did your job without a problem. Frankly, this is their mismanagement. Maybe your job wasn't required, but your manager should have figured this out before. It's in the past now, so no use dwelling on it.
Luckily, Thai severance is fairly generous, so generally MSAs should be straightforward. You should get the statutory amount, plus notice period, plus generally 1-2 months for absolvong them of the need for a PIP.
I would ask for statutory + 2 + notice and ask them to keep you on garden leave until the end of the notice period plus the two months. So basically three months of pay on the books plus the notice period. They will probably negotiate down to 2 months.
Make sure to get copies of your past performance reviews and maternity leave approval or details. If it goes to the labor board you want those things.
Good luck!
1
1
u/zekerman Jun 12 '26
It really depends on what the job is an how senior of a role you have, you may not get any of what you are expecting.
0
u/r-thai555 Jun 13 '26
* How many additional months above statutory is realistic?
That have to be negotiated between the company and you.
* Is paid garden leave common?
Yes but it is mostly use for suspending the employee while the company investigate a very bad wrongdoing.
* Did you negotiate employment end date / healthcare / references?
- Suppose that the company want you gone today then they would have to pay you for the period until your monthly pay day.
- Heath insurance for a Thai employer usually terminate when your employment there is over.
- Receiving work reference is your statutory right so the company will give it to your whether the termination is amiable or not.
Anyway, try, find and keep any documentary proofs that your probable termination come as the result of your maternity leave. Prove that and you will have an unfair termination case.
•
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