When we perceive a significant threat to us, our bodies get ready either for a fight to the death or a desperate flight from certain defeat by a clearly superior adversary. This is the fight or flight response, certainly understandable and clearly applicable to a situation where an employee is about to lose or has actually lost his precious job. But whether to fight the termination of your employment or to gracefully accept your fate largely depends on the attendant circumstances.

Take the case of Mike Doe. Mike is an American who came to Thailand after he was offered a teaching job by one of the largest placement agency in Thailand. Prior to his coming here, he was promised reimbursement of all his travel expenses, a decent housing allowance and a livable take home pay. In the employment contract, Mike agreed to be assigned anywhere in Thailand without regard to the difficulty the relocation entails. But, to his surprise, he was relocated five times to distant schools over only a period of one month. None of what was promised to him before and after he signed the employment contract was ever given to him by the agency. Towards the end of his one-month stint, the agency started concocting awful stories so they could have a valid ground to terminate Mike, the worst of which was the accusation of child molestation. Naturally, Mike was furious. Not only did he spend a lot of money for travel and living expenses, but his besmirched reputation followed him everywhere he went.

To remedy the situation, the agency offered to pay him 45,000THB and threatened that if he would not accept the money, he will be thrown out of Thailand in no time. The amount offered is not even enough to cover the reimbursements due him. To make matters worse, he was forced to sign a waiver to file legal action against the agency in the guise of a "voluntary resignation letter". Mike was terminated effectively as far as the agency is concerned when he received a text message saying, "You're fired, man!"

To be sure, many of the foreigner teachers who came to Thailand suffered the same fate. What then is a foreigner worker's recourse in such a situation? Does he have a standing to fight the agency for its illegal doings or should he simply take the measly amount, sign the waiver, and board the next plane back to America?

REMEDY OF UNLAWFULLY TERMINATED EMPLOYEE UNDER THAI LAWS

Mike may file a complaint with the Labour Relations Committee within 60 days from the time his rights had been violated. Thai laws, as we now know, apply equally to foreigners. The protection granted to Thai workers are given in equal respect to foreigners allowed to work here.

An award will be issued and an order within a further 90 days, unless the Minister has decided to extend the period for decision.

CRIMINAL ACTION

Mike may also file a criminal complaint against the employer, but only after the Labour Relations Committee has passed an arbitration award and the employer has failed to comply with the Committee's order.

THE LABOR COURTS

Only Labor courts has jurisdiction over unfair termination cases. This can be the Central Labour Court if the place of work is Bangkok Metropolis or its surrounding provinces, a regional or provincial labour court if one has been established in the region or province of the place of work, or a Court of First Instance if the place of work is not situated within the territorial jurisdiction of any labour court.

EXHAUSTION OF ADMINISTRATIVE REMEDIES

Administrative remedies provided under the NMI and LRA must be exhausted, however, before a lawsuit may be filed with a labour court.

RECOURSE TO LABOR ORGANIZATIONS

Existing labor organizations may represent employees in labor disputes filed before the labor courts. Only a duly signed power of attorney is required.

REISNTATEMENT, AWARDS AND/OR COMPENSATION

Reinstatement to resume status quo at the time of dismissal may be ordered by the court upon a determination that the employee was indeed illegally terminated. If the relationship of the employee and the employer has been severely damaged so that reinstatement is no longer possible, the court may simply specify the amount of damages to be paid to the employee. Factors to be considered in determining the amount of damages include the following: age of the employee, the length of service, the hardship of the employee at the time of dismissal, the cause of the dismissal and the compensation the employee is entitled to receive - http://www.siam-legal.com .