Constructive dismissal occurs when an employer wrongfully causes working conditions to be so intolerable that an employee is forced to resign. In a constructive dismissal situation, the employer does not expressly terminate the employee’s employment, but the employer’s conduct towards the employee is so improper or offensive that the employee feels that they have no choice but to resign. Many types of conduct and conditions can result in a claim for constructive dismissal in Thailand. However, whether the Thailand Labour law would consider these factors would depend on the context of the conduct, the employment agreement, and legal requirements. Some examples of constructive dismissal may include:

• changes in employee's conditions of employment without the consent of the employee and amounting to a breach of the employment agreement or Thailand law
• significant, and unjustified, changes in the location of work and/or work responsibilities
• Unapproved reduction of wages or withdrawal of a contractual benefit;
• Removing your core duties or significantly changing your job role without your consent;
• Hostile, bullying or threatening work environment that is allowed or condoned by the employer
• Forced resignation under threat

Constructive Dismissal in Thailand is treated similarly to a Wrongful Termination claim. The Thailand Labour Court has original jurisdiction over these cases.

Our Background and Experience

Thailand Employment law, (Labour law) is a specialized field of law in Thailand, and clients should retain attorneys that have sufficient knowledge of the Thailand Labour law process. Chaninat and Leeds law firm has been successfully assisting clients in employment agreement disputes since 2001. Our partners include one of Thailand's leading experts on Thailand employment Professor Chaninat Leeds, a professor of Employment law, and a consulting expert with the Ministry of Labour. Our trial attorneys are skilled in the specialized strategies and procedures of the Thailand Labour Court. Our litigation team, with its technical expertise, and courtroom and negotiation skills, provide a comprehensive, and highly effective, legal defense of your employment contract dispute in Thailand.