For immediate release on 6 November 2021
39 migrant workers from Myanmar suing Wandi Tuna Part., Ltd.
For severance pay and compensation in lieu of advance notice after being dismissed, case filed with Labour Court Region 8 in Phuket
On 29 October 2021, attorneys of the Human Rights and Development Foundation (HRDF), authorized by 39 migrant workers from Myanmar, have filed the case against Wandi Tuna Part., Ltd., defendant no. 1 and others, altogether three, with the Labour Court Region in Phuket. The plaintiffs demand the execution of the order issued by the labour inspector of the Ranong Provincial Office of Labour Protection and Welfare no. 24/2564 dated 2 September 2021 which instructs the defendant to pay 320,879 baht for a compensation in lieu of advance notice and 2,271,400 baht for severance pay, altogether 2,592,279 baht plus interest at 15% per annum until all the outstanding debt is serviced as a result of the termination of employment of the plaintiffs.
The case stems from that the Wandi Tuna Part., Ltd. which operate seafood processing business in Ranong has laid off 130 workers including the 39 migrant workers who are plaintiffs in this case claiming the impact from economic crisis and the necessity to cut down expenses to maintain its operation. The termination of employment took effect since 5 August 2021. The workers were, however, not informed in advance and received no severance pay. It prompted the 39 workers to complain with the labour inspector of the Ranong Provincial Office of Labour Protection and Welfare on 6 August 2021 to investigate the matter and to instruct the employer to act in compliance with the Labour Protection Act 1998.
On 2 September 2021, the labour inspector of the Ranong Provincial Office of Labour Protection and Welfare has issued an order of the labour inspector no, 24/2564 stating that the employer had terminate the employment contract without informing the employers before the payment date. Such termination of employment therefore constitutes a grave breach and the Wandi Tuna Part., Ltd. by Mrs. Monrudi Sonsai, a managing partner (employer) was instructed to pay a compensation in lieu of advance notice and severance pay altogether 2,592,279 baht within 30 days since the day the instruction is made known or supposed to be made known to them. Nevertheless, the employer has failed to act in accordance with the labour inspector’s order and failed to appeal the order within the deadline prescribed in Section 125 of the Labour Protection Act 1998. The 39 migrant workers have thus filed the case against the employer with the Labour Court Region 8 which accepts to review it as the Red Case no. R 780/2564. The Court has set a mediation date between the plaintiffs and the defendants on 30 November 2021 at 09.00 at the Labour Court Region in Phuket.
For more information, please contact:
Mr. Kridsada Sanyadi, attorney
Human Rights and Development Foundation (HRDF)
Phone: 099 419 4699 E-mail: [email protected]