Press Release: 14 Myanmar migrant workers laid off Without being paid special severance pay in lieu of advance notice and compensation
The case stems from the incidence on 4 March 2024 when 14 Myanmar migrant workers employed for general work by a company in Phuket have requested for help from the Human Rights and Development Foundation (HRDF) as they were laid off by their employer since 8 March 2024 without being paid their special severance pay in lieu of advance notice and compensation. HRDF staff thus helped the employees to apply for assistance from the provincial authorities as follows;
- On 14 March 2024, HRDF staff brought the employees to the Provincial Office of Labour Protection and Welfare in Phuket to fill out the KR7 Templates requesting the Office to investigate the case and to offer them legal assistance and protection. On that day, the Office has asked the employer to come for a mediation, before filling out of the KR7 Template and without informing or inquiring the employees first if they wanted to have a mediation with the employer or not. As a result, the 14 employees did not get to fill out the templates as they had to spend time mediating with the employer during which no solution could be reached as the employer offered to pay the workers lower than the rate prescribed by law. With consultation from HRDF staff, the employees managed to fill out the KR7 Template at the Provincial Office of Labour Protection and Welfare and then bring the case to the Labour Court Region 8 as the 14 employees wanted to bring such suit to the Court.
- HRDF staff accompanied the six employees who were still unemployed to apply for unemployment benefits from the Social Security Office in Phuket and the Provincial Office of Employment in Phuket since they were insured persons and entitled to receiving the unemployment benefits. All the six employees have received the unemployment benefits worth 39,862.95 baht.
- On 22 March 2024, the 14 employees, as plaintiffs, have authorized HRDF’s attorneys to bring the case against the employer with the Labour Court Region 8 to seek the special severance pay in lieu of advance notice and compensation worth 1,431,952.00 baht, plus 15% interest per annum. The Court scheduled a mediation session on 2 May 2024 which was attended by HRDF’s attorneys authorized by the 14 workers, the mediator, and the company’s executive members. No solution could be reached since the employer offered to pay the special severance pay in lieu of advance notice and compensation lower than the rate prescribed law. The Court thus scheduled a pretrial conference hearing on 6 June 2024, Prior to that day, the employer offered to pay the employees the special severance pay in lieu of advance notice and compensation, and three of them accepted the offer since they had not been working a first full year yet. After their acceptance of the severance pay, the Court disposed of the case for them on the pretrial conference day. The three employees have received in total 47,400 baht. For the 11 remaining workers, the Court scheduled witness examination on 30 – 31 July 2024 and 1 August 2024. Just before the witness examination started, one employee informed HRDF staff that they wanted to withdraw the case and accept the money offered by the employer at 22,200 baht, from what they should have received 132,060 baht according to the law. It was due to the person’s necessity. HRDF staff has thus filed a motion to withdraw the case for the employee and the Court disposed off the case. The remaining two employees also accepted the offer by the employer at 33,300 baht each, altogether 66,600 baht, from the amount of 177,600 baht which they should have received according to the law. It was due to their personal necessity as well. The employer was allowed to pay them in four installments and a mediation contract would be made on the witness examination day. On the first day of witness examination, the plaintiff’s lawyers, the plaintiff no. 14, and two executive members of the company and the HR officer attended the witness examination. And since according to the law, a labour case can be subject to a mediation at any stage before the Court makes the ruling. On the witness examination day, the mediation could thus be conducted and concluded to produce a mediation contract according to which the eight employees agreed to accept the total amount of 699,900 baht as the compensation, although it would be paid in installments at varying intervals and amounts for each of the employees depending on their years of service. If the employer failed to pay on time any installment of any worker, the legal execution can kick in with the 5% interest rate per annum until all the payment is completely made.
For more information, please contact Human Rights and Development Foundation (HRDF)