Thailand has a specialized court specifically for Employment cases. In most cases, persons filing a complaint against their employer, are required to enforce their rights through the Thailand Labour Court.

The employment relationship in Thailand is governed, primarily, by the Thai Labour Protection Act, Act for the Establishment of and Procedure for Labour Court, and the Civil and Commercial Code. The Labour Protection Act controls basic issues such as compensation, holiday time, overtime, work hours, severance pay and employee dismissal. The employment contract, however, can modify the employment relationship to a significant extent. However, there are other rules and regulations that may be relevant to the employment relationship.

A wrongful dismissal occurs when an employer terminates the employment of an employee in violation of the employee’s legal rights. The legal right that is violated may be a legal right as stated in the Thailand Labour Code, other relevant laws, or a right agreed to in the employment contract. In general, termination of an employee requires severance pay, except in the following situations.

An employer may not pay severance pay to an employee when employment is terminated upon any of the following conditions:

(1) performing his/her duty dishonestly or intentionally committing a criminal offence against the Employer;

(2) willfully causing damage to the Employer;

(3) committing negligent acts causing serious damage to the Employer;

(4) violating work rule, regulation or order of the Employer which is lawful and just,

(5) absenting himself/herself from duty without justifiable reason for three consecutive working days regardless of whether thee is holiday in between;

(6) being sentenced to imprisonment by a final court judgment.

Our Background and Experience

Chaninat and Leeds law firm has been successfully assisting clients with employment disputes since 2001. Our attorneys and partners include recognized experts on Thailand Employment law, and experienced litigators. Our trial attorneys, along with our technical expertise, and negotiation skills, offer a distinct advantage for clients who find themselves in an employment law disputes.