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Unfair Termination of Employment in Thailand: Employee Rights and Compensation

Losing your job is never easy. But when you feel that the termination was unfair, the situation becomes even more stressful, especially if you are a foreign employee in Thailand or you manage foreign staff here, you should know the criteria of an unfair termination of employment in Thailand.

Thai labour law provides important protections against unfair termination of employment, and employees may be entitled to statutory severance pay, compensation for unfair dismissal, and other remedies. However, many people are not sure:

• • What is considered fair vs unfair termination under Thai law?

• • When is an employer allowed to dismiss an employee without severance?

• • What kind of compensation can an employee claim if the termination is unfair?

• • How does the law protect employees in practice?

 

1. Basic Legal Framework for Termination in Thailand

An unfair termination of employment in Thailand is primarily governed by:

• • The Labour Protection Act (LPA) – sets minimum standards for termination, severance, notice, and employee protection.

• • The Civil and Commercial Code (TCCC) – general contract law, including employment contracts.

• • Court decisions from the Labour Court and Supreme Court – which interpret what is “fair” or “unfair” in real cases.

Employers are generally free to terminate an employment contract, but they must:

1. 1. Follow the law (LPA and TCCC), and
   2. Respect the employee’s rights, including notice and severance, unless there is a lawful cause for immediate dismissal.

If the employer fails to do so, the termination may be considered unlawful or unfair, and the employee can seek compensation through the Labour Court.

 

2. What Is “Unfair Termination of Employment in Thailand?”

Thai law uses the concept of “unfair termination” (often called unfair dismissal). A termination may be unfair if:

• • The employer does not have a valid and reasonable cause, or

• • The employer has a cause, but the punishment is too severe compared to the misconduct, or

• • The employer targets an employee unfairly (for example due to discrimination or retaliation), or

• • The employer fails to follow proper procedure in termination.

The Labour Court will look at all the circumstances in the case, including:

• • The employee’s position, salary, length of service, and performance.

• • The nature and seriousness of any alleged misconduct.

• • Whether the employer has warned the employee, or applied progressive discipline.

• • Whether similar cases in the company were treated in the same way.

If the court decides the termination was unfair, it can order the employer to compensate the employee, and in some cases, even reinstate the employee (although reinstatement is less common in practice, especially for senior positions or where the relationship has broken down).

 

3. Fair vs Unfair Termination: How to Tell the Difference

3.1 Fair termination (with proper legal compliance)

A termination is more likely to be considered fair if:

• • The employer has a genuine business reason (e.g. restructuring, financial difficulties, closure of department), and

• • The employer pays all legal entitlements, such as:
    • • Statutory severance pay
    • • Payment in lieu of notice (if applicable)
    • • Accrued but unused annual leave
    • • Other contractual benefits due up to the termination date

Even if the reason is not related to employee misconduct, termination can still be lawful if the company complies with the law and the decision is not discriminatory or abusive.

3.2 Unfair Termination of Employment in Thailand

Termination may be considered unfair where:

• • The reason is not clear or not genuine (e.g. “We just don’t want you anymore” without explanation).

• • The employer claims “restructuring” but:
    • • Hires a new person for the same role shortly after, or
    • • Targets specific employees without transparent criteria.
      • The company still spends money on a useless purpose.

• • An employee is dismissed shortly after:
    • • Filing a complaint about unpaid wages.
    • • Reporting harassment or unsafe working conditions.
    • • Joining or supporting a labour union.

• • The employer skips severance and tries to label the termination as “gross misconduct” without proper evidence.

• • The employer enforces unreasonable rules or suddenly changes key employment conditions to force the employee to resign.

In many cases, unfair termination of employment in Thailand is not about whether the company can terminate, but how it does it and whether the decision and process are reasonable.

 

4. Termination Without Severance: When Is It Allowed?

Thai law allows termination without severance in limited situations of serious misconduct, for example where the employee:

• • Wilfully disobeys lawful and reasonable orders of the employer.

• • Commits serious misconduct, dishonesty, or criminal acts against the employer.

• • Intentionally causes serious damage to the employer.

• • Violates work rules after being warned, and the violation is serious enough.

However:

• • The employer must have clear evidence of the misconduct.

• • The punishment must be proportionate.

• • The employer should usually issue warnings (unless the misconduct is so serious that immediate dismissal is justified).

If the employer claims serious misconduct just to avoid paying severance but cannot prove it, the Labour Court may treat the termination as unfair, and the employer may be ordered to pay both statutory compensation and additional unfair dismissal compensation.

 

5. Employee Rights on Termination in Thailand

When an employee is terminated (other than for serious misconduct that meets legal standards), the employee is generally entitled to:

5.1 Statutory severance pay

Severance is based on length of service, with different brackets (for example, 120 days+, 1 year+, 3 years+, etc.), and the amount increases with seniority. The law sets minimum severance levels, and the employer cannot contract out of them.

5.2 Notice period or payment in lieu of notice

If the employment is indefinite (which is the most common situation), the employer must:

• • Give advance notice of termination, usually at least one full pay period, or

• • Pay salary in lieu of notice (instead of waiting).

Failure to provide proper notice can be another factor in finding the termination unfair.

5.3 Unused annual leave and other benefits

Employees are also entitled to:

• • Payment for accrued but unused annual leave.

• • Any contractual bonuses, allowances, or benefits that became due before termination.

 

6. Compensation for Unfair Termination Under Thai Law

If the Labour Court finds that the termination was unfair, it may award:

Unfair termination compensation

This is separate from statutory severance. The court will look at:

• • The employee’s age.

• • Length of service.

• • Position and salary.

• • The circumstances of the termination.

• • The difficulty the employee may face in finding a new job.

The court can order the employer to pay additional compensation, sometimes measured in months of the employee’s last wages, to reflect the unfair nature of the dismissal.

 

7. How Thai Law Protects Employees

Thai labour law contains several protections aimed at preventing abusive and unfair terminations:

7.1 Minimum standards cannot be waived

Even if an employment contract says the employee will receive no severance or accepts certain unfair terms, such clauses are generally invalid if they offer less protection than the Labour Protection Act.

7.2 Protection for certain groups of employees

Certain groups, such as pregnant employees, employee representatives, or employees involved in labour disputes, enjoy special protection. Terminating them without strong justification can easily be considered unfair and may lead to higher compensation.

7.3 Right to file a claim in the Labour Court

Employees can bring a claim in the Labour Court for:

• • Unpaid wages, overtime, or severance.

• • Compensation for unfair termination.

The Labour Court process is designed to be faster and more flexible than ordinary civil courts, and the court often plays an active role in encouraging settlement and checking whether the employer has complied with the law.

7.4 Burden on the employer to justify the termination

In unfair termination of employment in Thailand cases, the employer must often explain and prove the reason for termination and show that:

• • The decision was reasonable, and

• • The procedure was fair, including notice, warnings, and documentation.

If the employer cannot justify the decision, the court is more likely to find that the termination was unfair.

 

8. What Should Employees Do If They Suspect Unfair Termination of Employment in Thailand?

Again, this is not personal legal advice, but as general guidance, employees who suspect unfair termination should consider:

• • Any events or complaints that occurred before termination (e.g. raising issues about unpaid wages, harassment, or safety).

3.Checking entitlement to severance and notice

• • Calculate length of service.

• • Ask whether severance and notice pay have been included in the final payment.

4. Seeking professional advice

• • Before signing any settlement or release agreement, it is wise to consult a Thai labour lawyer who can explain your rights clearly.

1.  

9. What Should Employers Know to Avoid Unfair Termination Claims?

For employers (including foreign-owned companies operating in Thailand), it is important to:

• • Have clear employment contracts and internal policies.

• • Maintain proper documentation of performance issues and warnings.

• • Apply disciplinary measures consistently to all employees.

• • Provide notice and severance according to the law.

• • Avoid terminating employees in a way that appears retaliatory or discriminatory.

Proper planning and legal guidance can significantly reduce the risk of expensive unfair termination claims and protect the company’s reputation.

 

 

27 Key Legal Precedents: What Constitutes Unfair Dismissal by Supreme Court?

The following examples are based on Thai Supreme Court rulings where the court intervened to protect employees from unjust termination:

No.	Summary of Supreme Court Ruling	Precedent No.
1	Tearing up a warning letter issued by the employer.	ฎ.1458/2524
2	Terminating an employee because their spouse works for a competitor.	ฎ.3432/2524
3	Termination following an internal investigation that found the employee innocent.	ฎ.682/2525
4	Gambling outside of working hours and away from the workplace.	ฎ.1684/2526,ฎ.1044/2527
5	Terminating a supervisor for being “too strict” in managing subordinates.	ฎ.3431/2525
6	Engaging in outside work during non-working hours that does not harm the employer.	ฎ.1253/2525
7	Termination due to a personal legal case involving bounced checks (unrelated to work).	ฎ.2187/2529
8	Violation of sterilization reimbursement rules without fraudulent intent.	ฎ.1360/2526
9	Termination for a first-time minor offense.	ฎ.3360/2526
10	Implementing different retirement ages for male and female employees.	ฎ.6011-6017/2545
11	Termination because the employee pushed for timely payment of compensation.	ฎ.3816/2546
12	Non-serious violations of regulations where no fraud was involved.	ฎ.4064/2530
13	Terminating a driver for being late to work.	ฎ.2067/2529
14	Terminating an employee for a past offense that had already been punished.	ฎ.1043/2527
15	Termination without providing any specific reason or cause.	ฎ.2299/2528
16	Expressing opinions that conflict with the employer’s views.	ฎ.1347/2525
17	Termination because the employee’s spouse contested the employee’s suspension.	ฎ.8212/2550
18	Termination for failing to provide receipts for “facilitation fees” (bribes) requested by the employer.	ฎ.4919/2552
19	Termination due to a conflict with local police that was not the employee’s fault.	ฎ.1939/2530
20	Using inappropriate or “unpolished” language in a work report.	ฎ.3820/2528
21	Terminating an employee specifically to replace them with a person with a disability.	ฎ.2905/2529
22	Termination resulting from an improper or biased internal investigation.	ฎ.404/2530
23	Citing business losses as a reason for layoff when the company is not actually in deficit.	ฎ.276/2453
24	Violation of a non-essential or non-serious order.	ฎ.328/2543
25	Being away from one’s desk/workstation for a very short duration.	ฎ.2578/2537
26	Claiming poor performance when the employee’s records meet the required standards.	ฎ.6774/2548
27	Termination for refusing a transfer that involved a demotion and pay cut without consent.	ฎ.5396/2540

 

FAQ: Unfair Termination of Employment in Thailand

1. Is termination without cause illegal in Thailand?

An employer can terminate employment without alleging misconduct, but must follow Thai labour law, including paying severance and notice where required. If the termination is done in a way that is unreasonable or discriminatory, it can still be considered unfair, even if the employer pays severance.

2. Can an employer terminate an employee without notice?

Yes, but generally only if there is a valid legal ground for instant dismissal, such as serious misconduct. If the employer cannot prove such misconduct, termination without notice may give rise to claims for notice pay and possibly unfair termination compensation.

3. Does a foreign employee have the same rights as a Thai employee?

Yes. As a general rule, foreign employees are protected by the same labour laws as Thai employees regarding severance, notice, and unfair termination, regardless of nationality. However, work permit and visa issues can create additional complexity, so legal advice is highly recommended.

4. How long does an employee have to bring a claim for unfair termination?

There are time limits for filing claims in the Labour Court. If a claim is filed too late, it may be barred. The exact timeframe depends on the type of claim, so employees should seek legal advice as soon as possible after termination to avoid missing any deadlines.

5. Can we settle an unfair termination dispute without going to court?

Yes. Many cases are resolved through negotiation and settlement, either directly between employer and employee or with the assistance of lawyers. A fair settlement can save time, costs, and stress for both sides.

 

Need Help With Unfair Termination in Thailand?

If you believe you have been unfairly terminated in Thailand, or if you are an employer seeking to manage terminations legally and fairly, professional guidance is essential.

Lex Bangkok can assist with:

• • Reviewing termination letters and employment contracts.

• • Explaining your rights and obligations under Thai labour law in clear English.

• • Supporting negotiations and, where appropriate, representing you in Labour Court proceedings.

Contact Lex Bangkok today to discuss your situation confidentially and understand your options under Thai law.

info@lexbangkok.com

 

Contact us

• • Any events or complaints that occurred before termination (e.g. raising issues about unpaid wages, harassment, or safety).

3.Checking entitlement to severance and notice

• • Calculate length of service.

• • Ask whether severance and notice pay have been included in the final payment.

4. Seeking professional advice

• • Before signing any settlement or release agreement, it is wise to consult a Thai labour lawyer who can explain your rights clearly.

1.  

9. What Should Employers Know to Avoid Unfair Termination Claims?

For employers (including foreign-owned companies operating in Thailand), it is important to:

• • Have clear employment contracts and internal policies.

• • Maintain proper documentation of performance issues and warnings.

• • Apply disciplinary measures consistently to all employees.

• • Provide notice and severance according to the law.

• • Avoid terminating employees in a way that appears retaliatory or discriminatory.

Proper planning and legal guidance can significantly reduce the risk of expensive unfair termination claims and protect the company’s reputation.

 

 

27 Key Legal Precedents: What Constitutes Unfair Dismissal by Supreme Court?

The following examples are based on Thai Supreme Court rulings where the court intervened to protect employees from unjust termination:

No.	Summary of Supreme Court Ruling	Precedent No.
1	Tearing up a warning letter issued by the employer.	ฎ.1458/2524
2	Terminating an employee because their spouse works for a competitor.	ฎ.3432/2524
3	Termination following an internal investigation that found the employee innocent.	ฎ.682/2525
4	Gambling outside of working hours and away from the workplace.	ฎ.1684/2526,ฎ.1044/2527
5	Terminating a supervisor for being “too strict” in managing subordinates.	ฎ.3431/2525
6	Engaging in outside work during non-working hours that does not harm the employer.	ฎ.1253/2525
7	Termination due to a personal legal case involving bounced checks (unrelated to work).	ฎ.2187/2529
8	Violation of sterilization reimbursement rules without fraudulent intent.	ฎ.1360/2526
9	Termination for a first-time minor offense.	ฎ.3360/2526
10	Implementing different retirement ages for male and female employees.	ฎ.6011-6017/2545
11	Termination because the employee pushed for timely payment of compensation.	ฎ.3816/2546
12	Non-serious violations of regulations where no fraud was involved.	ฎ.4064/2530
13	Terminating a driver for being late to work.	ฎ.2067/2529
14	Terminating an employee for a past offense that had already been punished.	ฎ.1043/2527
15	Termination without providing any specific reason or cause.	ฎ.2299/2528
16	Expressing opinions that conflict with the employer’s views.	ฎ.1347/2525
17	Termination because the employee’s spouse contested the employee’s suspension.	ฎ.8212/2550
18	Termination for failing to provide receipts for “facilitation fees” (bribes) requested by the employer.	ฎ.4919/2552
19	Termination due to a conflict with local police that was not the employee’s fault.	ฎ.1939/2530
20	Using inappropriate or “unpolished” language in a work report.	ฎ.3820/2528
21	Terminating an employee specifically to replace them with a person with a disability.	ฎ.2905/2529
22	Termination resulting from an improper or biased internal investigation.	ฎ.404/2530
23	Citing business losses as a reason for layoff when the company is not actually in deficit.	ฎ.276/2453
24	Violation of a non-essential or non-serious order.	ฎ.328/2543
25	Being away from one’s desk/workstation for a very short duration.	ฎ.2578/2537
26	Claiming poor performance when the employee’s records meet the required standards.	ฎ.6774/2548
27	Termination for refusing a transfer that involved a demotion and pay cut without consent.	ฎ.5396/2540

 

FAQ: Unfair Termination of Employment in Thailand

1. Is termination without cause illegal in Thailand?

An employer can terminate employment without alleging misconduct, but must follow Thai labour law, including paying severance and notice where required. If the termination is done in a way that is unreasonable or discriminatory, it can still be considered unfair, even if the employer pays severance.

2. Can an employer terminate an employee without notice?

Yes, but generally only if there is a valid legal ground for instant dismissal, such as serious misconduct. If the employer cannot prove such misconduct, termination without notice may give rise to claims for notice pay and possibly unfair termination compensation.

3. Does a foreign employee have the same rights as a Thai employee?

Yes. As a general rule, foreign employees are protected by the same labour laws as Thai employees regarding severance, notice, and unfair termination, regardless of nationality. However, work permit and visa issues can create additional complexity, so legal advice is highly recommended.

4. How long does an employee have to bring a claim for unfair termination?

There are time limits for filing claims in the Labour Court. If a claim is filed too late, it may be barred. The exact timeframe depends on the type of claim, so employees should seek legal advice as soon as possible after termination to avoid missing any deadlines.

5. Can we settle an unfair termination dispute without going to court?

Yes. Many cases are resolved through negotiation and settlement, either directly between employer and employee or with the assistance of lawyers. A fair settlement can save time, costs, and stress for both sides.

 

Need Help With Unfair Termination in Thailand?

If you believe you have been unfairly terminated in Thailand, or if you are an employer seeking to manage terminations legally and fairly, professional guidance is essential.

Lex Bangkok can assist with:

• • Reviewing termination letters and employment contracts.

• • Explaining your rights and obligations under Thai labour law in clear English.

• • Supporting negotiations and, where appropriate, representing you in Labour Court proceedings.

Contact Lex Bangkok today to discuss your situation confidentially and understand your options under Thai law.

info@lexbangkok.com

 

Contact us

• • Termination letter and any written communication about the reasons for dismissal.

2.Recording key facts

• • Date of hiring, position, salary.

• • Date and manner of termination (verbal, written, immediate).

• • Any events or complaints that occurred before termination (e.g. raising issues about unpaid wages, harassment, or safety).

3.Checking entitlement to severance and notice

• • Calculate length of service.

• • Ask whether severance and notice pay have been included in the final payment.

4. Seeking professional advice

• • Before signing any settlement or release agreement, it is wise to consult a Thai labour lawyer who can explain your rights clearly.

1.  

9. What Should Employers Know to Avoid Unfair Termination Claims?

For employers (including foreign-owned companies operating in Thailand), it is important to:

• • Have clear employment contracts and internal policies.

• • Maintain proper documentation of performance issues and warnings.

• • Apply disciplinary measures consistently to all employees.

• • Provide notice and severance according to the law.

• • Avoid terminating employees in a way that appears retaliatory or discriminatory.

Proper planning and legal guidance can significantly reduce the risk of expensive unfair termination claims and protect the company’s reputation.

 

 

27 Key Legal Precedents: What Constitutes Unfair Dismissal by Supreme Court?

The following examples are based on Thai Supreme Court rulings where the court intervened to protect employees from unjust termination:

No.	Summary of Supreme Court Ruling	Precedent No.
1	Tearing up a warning letter issued by the employer.	ฎ.1458/2524
2	Terminating an employee because their spouse works for a competitor.	ฎ.3432/2524
3	Termination following an internal investigation that found the employee innocent.	ฎ.682/2525
4	Gambling outside of working hours and away from the workplace.	ฎ.1684/2526,ฎ.1044/2527
5	Terminating a supervisor for being “too strict” in managing subordinates.	ฎ.3431/2525
6	Engaging in outside work during non-working hours that does not harm the employer.	ฎ.1253/2525
7	Termination due to a personal legal case involving bounced checks (unrelated to work).	ฎ.2187/2529
8	Violation of sterilization reimbursement rules without fraudulent intent.	ฎ.1360/2526
9	Termination for a first-time minor offense.	ฎ.3360/2526
10	Implementing different retirement ages for male and female employees.	ฎ.6011-6017/2545
11	Termination because the employee pushed for timely payment of compensation.	ฎ.3816/2546
12	Non-serious violations of regulations where no fraud was involved.	ฎ.4064/2530
13	Terminating a driver for being late to work.	ฎ.2067/2529
14	Terminating an employee for a past offense that had already been punished.	ฎ.1043/2527
15	Termination without providing any specific reason or cause.	ฎ.2299/2528
16	Expressing opinions that conflict with the employer’s views.	ฎ.1347/2525
17	Termination because the employee’s spouse contested the employee’s suspension.	ฎ.8212/2550
18	Termination for failing to provide receipts for “facilitation fees” (bribes) requested by the employer.	ฎ.4919/2552
19	Termination due to a conflict with local police that was not the employee’s fault.	ฎ.1939/2530
20	Using inappropriate or “unpolished” language in a work report.	ฎ.3820/2528
21	Terminating an employee specifically to replace them with a person with a disability.	ฎ.2905/2529
22	Termination resulting from an improper or biased internal investigation.	ฎ.404/2530
23	Citing business losses as a reason for layoff when the company is not actually in deficit.	ฎ.276/2453
24	Violation of a non-essential or non-serious order.	ฎ.328/2543
25	Being away from one’s desk/workstation for a very short duration.	ฎ.2578/2537
26	Claiming poor performance when the employee’s records meet the required standards.	ฎ.6774/2548
27	Termination for refusing a transfer that involved a demotion and pay cut without consent.	ฎ.5396/2540

 

FAQ: Unfair Termination of Employment in Thailand

1. Is termination without cause illegal in Thailand?

An employer can terminate employment without alleging misconduct, but must follow Thai labour law, including paying severance and notice where required. If the termination is done in a way that is unreasonable or discriminatory, it can still be considered unfair, even if the employer pays severance.

2. Can an employer terminate an employee without notice?

Yes, but generally only if there is a valid legal ground for instant dismissal, such as serious misconduct. If the employer cannot prove such misconduct, termination without notice may give rise to claims for notice pay and possibly unfair termination compensation.

3. Does a foreign employee have the same rights as a Thai employee?

Yes. As a general rule, foreign employees are protected by the same labour laws as Thai employees regarding severance, notice, and unfair termination, regardless of nationality. However, work permit and visa issues can create additional complexity, so legal advice is highly recommended.

4. How long does an employee have to bring a claim for unfair termination?

There are time limits for filing claims in the Labour Court. If a claim is filed too late, it may be barred. The exact timeframe depends on the type of claim, so employees should seek legal advice as soon as possible after termination to avoid missing any deadlines.

5. Can we settle an unfair termination dispute without going to court?

Yes. Many cases are resolved through negotiation and settlement, either directly between employer and employee or with the assistance of lawyers. A fair settlement can save time, costs, and stress for both sides.

 

Need Help With Unfair Termination in Thailand?

If you believe you have been unfairly terminated in Thailand, or if you are an employer seeking to manage terminations legally and fairly, professional guidance is essential.

Lex Bangkok can assist with:

• • Reviewing termination letters and employment contracts.

• • Explaining your rights and obligations under Thai labour law in clear English.

• • Supporting negotiations and, where appropriate, representing you in Labour Court proceedings.

Contact Lex Bangkok today to discuss your situation confidentially and understand your options under Thai law.

info@lexbangkok.com

 

• • Termination letter and any written communication about the reasons for dismissal.

2.Recording key facts

• • Date of hiring, position, salary.

• • Date and manner of termination (verbal, written, immediate).

• • Any events or complaints that occurred before termination (e.g. raising issues about unpaid wages, harassment, or safety).

3.Checking entitlement to severance and notice

• • Calculate length of service.

• • Ask whether severance and notice pay have been included in the final payment.

4. Seeking professional advice

• • Before signing any settlement or release agreement, it is wise to consult a Thai labour lawyer who can explain your rights clearly.

9. What Should Employers Know to Avoid Unfair Termination Claims?

For employers (including foreign-owned companies operating in Thailand), it is important to:

• • Have clear employment contracts and internal policies.

• • Maintain proper documentation of performance issues and warnings.

• • Apply disciplinary measures consistently to all employees.

• • Provide notice and severance according to the law.

• • Avoid terminating employees in a way that appears retaliatory or discriminatory.

Proper planning and legal guidance can significantly reduce the risk of expensive unfair termination claims and protect the company’s reputation.

27 Key Legal Precedents: What Constitutes Unfair Dismissal by Supreme Court?

FAQ: Unfair Termination of Employment in Thailand

1. Is termination without cause illegal in Thailand?

An employer can terminate employment without alleging misconduct, but must follow Thai labour law, including paying severance and notice where required. If the termination is done in a way that is unreasonable or discriminatory, it can still be considered unfair, even if the employer pays severance.

2. Can an employer terminate an employee without notice?

Yes, but generally only if there is a valid legal ground for instant dismissal, such as serious misconduct. If the employer cannot prove such misconduct, termination without notice may give rise to claims for notice pay and possibly unfair termination compensation.

3. Does a foreign employee have the same rights as a Thai employee?

Yes. As a general rule, foreign employees are protected by the same labour laws as Thai employees regarding severance, notice, and unfair termination, regardless of nationality. However, work permit and visa issues can create additional complexity, so legal advice is highly recommended.

4. How long does an employee have to bring a claim for unfair termination?

There are time limits for filing claims in the Labour Court. If a claim is filed too late, it may be barred. The exact timeframe depends on the type of claim, so employees should seek legal advice as soon as possible after termination to avoid missing any deadlines.

5. Can we settle an unfair termination dispute without going to court?

Yes. Many cases are resolved through negotiation and settlement, either directly between employer and employee or with the assistance of lawyers. A fair settlement can save time, costs, and stress for both sides.

Need Help With Unfair Termination in Thailand?

If you believe you have been unfairly terminated in Thailand, or if you are an employer seeking to manage terminations legally and fairly, professional guidance is essential.

Lex Bangkok can assist with:

• • Reviewing termination letters and employment contracts.

• • Explaining your rights and obligations under Thai labour law in clear English.

• • Supporting negotiations and, where appropriate, representing you in Labour Court proceedings.

Contact Lex Bangkok today to discuss your situation confidentially and understand your options under Thai law.

info@lexbangkok.com

1. Collecting documents

• • Employment contract, job description, and company policies.

• • Payslips, performance reviews, warnings, emails, and messages.

• • Termination letter and any written communication about the reasons for dismissal.

2.Recording key facts

• • Date of hiring, position, salary.

• • Date and manner of termination (verbal, written, immediate).

• • Any events or complaints that occurred before termination (e.g. raising issues about unpaid wages, harassment, or safety).

3.Checking entitlement to severance and notice

• • Calculate length of service.

• • Ask whether severance and notice pay have been included in the final payment.

4. Seeking professional advice

• • Before signing any settlement or release agreement, it is wise to consult a Thai labour lawyer who can explain your rights clearly.

9. What Should Employers Know to Avoid Unfair Termination Claims?

For employers (including foreign-owned companies operating in Thailand), it is important to:

• • Have clear employment contracts and internal policies.

• • Maintain proper documentation of performance issues and warnings.

• • Apply disciplinary measures consistently to all employees.

• • Provide notice and severance according to the law.

• • Avoid terminating employees in a way that appears retaliatory or discriminatory.

Proper planning and legal guidance can significantly reduce the risk of expensive unfair termination claims and protect the company’s reputation.

27 Key Legal Precedents: What Constitutes Unfair Dismissal by Supreme Court?

FAQ: Unfair Termination of Employment in Thailand

1. Is termination without cause illegal in Thailand?

An employer can terminate employment without alleging misconduct, but must follow Thai labour law, including paying severance and notice where required. If the termination is done in a way that is unreasonable or discriminatory, it can still be considered unfair, even if the employer pays severance.

2. Can an employer terminate an employee without notice?

Yes, but generally only if there is a valid legal ground for instant dismissal, such as serious misconduct. If the employer cannot prove such misconduct, termination without notice may give rise to claims for notice pay and possibly unfair termination compensation.

3. Does a foreign employee have the same rights as a Thai employee?

Yes. As a general rule, foreign employees are protected by the same labour laws as Thai employees regarding severance, notice, and unfair termination, regardless of nationality. However, work permit and visa issues can create additional complexity, so legal advice is highly recommended.

4. How long does an employee have to bring a claim for unfair termination?

There are time limits for filing claims in the Labour Court. If a claim is filed too late, it may be barred. The exact timeframe depends on the type of claim, so employees should seek legal advice as soon as possible after termination to avoid missing any deadlines.

5. Can we settle an unfair termination dispute without going to court?

Yes. Many cases are resolved through negotiation and settlement, either directly between employer and employee or with the assistance of lawyers. A fair settlement can save time, costs, and stress for both sides.

Need Help With Unfair Termination in Thailand?

If you believe you have been unfairly terminated in Thailand, or if you are an employer seeking to manage terminations legally and fairly, professional guidance is essential.

Lex Bangkok can assist with:

• • Reviewing termination letters and employment contracts.

• • Explaining your rights and obligations under Thai labour law in clear English.

• • Supporting negotiations and, where appropriate, representing you in Labour Court proceedings.

Contact Lex Bangkok today to discuss your situation confidentially and understand your options under Thai law.

info@lexbangkok.com

1. Collecting documents

• • Employment contract, job description, and company policies.

• • Payslips, performance reviews, warnings, emails, and messages.

• • Termination letter and any written communication about the reasons for dismissal.

2.Recording key facts

• • Date of hiring, position, salary.

• • Date and manner of termination (verbal, written, immediate).

• • Any events or complaints that occurred before termination (e.g. raising issues about unpaid wages, harassment, or safety).

3.Checking entitlement to severance and notice

• • Calculate length of service.

• • Ask whether severance and notice pay have been included in the final payment.

4. Seeking professional advice

• • Before signing any settlement or release agreement, it is wise to consult a Thai labour lawyer who can explain your rights clearly.

9. What Should Employers Know to Avoid Unfair Termination Claims?

For employers (including foreign-owned companies operating in Thailand), it is important to:

• • Have clear employment contracts and internal policies.

• • Maintain proper documentation of performance issues and warnings.

• • Apply disciplinary measures consistently to all employees.

• • Provide notice and severance according to the law.

• • Avoid terminating employees in a way that appears retaliatory or discriminatory.

Proper planning and legal guidance can significantly reduce the risk of expensive unfair termination claims and protect the company’s reputation.

27 Key Legal Precedents: What Constitutes Unfair Dismissal by Supreme Court?

FAQ: Unfair Termination of Employment in Thailand

1. Is termination without cause illegal in Thailand?

An employer can terminate employment without alleging misconduct, but must follow Thai labour law, including paying severance and notice where required. If the termination is done in a way that is unreasonable or discriminatory, it can still be considered unfair, even if the employer pays severance.

2. Can an employer terminate an employee without notice?

Yes, but generally only if there is a valid legal ground for instant dismissal, such as serious misconduct. If the employer cannot prove such misconduct, termination without notice may give rise to claims for notice pay and possibly unfair termination compensation.

3. Does a foreign employee have the same rights as a Thai employee?

Yes. As a general rule, foreign employees are protected by the same labour laws as Thai employees regarding severance, notice, and unfair termination, regardless of nationality. However, work permit and visa issues can create additional complexity, so legal advice is highly recommended.

4. How long does an employee have to bring a claim for unfair termination?

There are time limits for filing claims in the Labour Court. If a claim is filed too late, it may be barred. The exact timeframe depends on the type of claim, so employees should seek legal advice as soon as possible after termination to avoid missing any deadlines.

5. Can we settle an unfair termination dispute without going to court?

Yes. Many cases are resolved through negotiation and settlement, either directly between employer and employee or with the assistance of lawyers. A fair settlement can save time, costs, and stress for both sides.

Need Help With Unfair Termination in Thailand?

If you believe you have been unfairly terminated in Thailand, or if you are an employer seeking to manage terminations legally and fairly, professional guidance is essential.

Lex Bangkok can assist with:

• • Reviewing termination letters and employment contracts.

• • Explaining your rights and obligations under Thai labour law in clear English.

• • Supporting negotiations and, where appropriate, representing you in Labour Court proceedings.

Contact Lex Bangkok today to discuss your situation confidentially and understand your options under Thai law.

info@lexbangkok.com

1. Collecting documents

• • Employment contract, job description, and company policies.

• • Payslips, performance reviews, warnings, emails, and messages.

• • Termination letter and any written communication about the reasons for dismissal.

2.Recording key facts

• • Date of hiring, position, salary.

• • Date and manner of termination (verbal, written, immediate).

• • Any events or complaints that occurred before termination (e.g. raising issues about unpaid wages, harassment, or safety).

3.Checking entitlement to severance and notice

• • Calculate length of service.

• • Ask whether severance and notice pay have been included in the final payment.

4. Seeking professional advice

• • Before signing any settlement or release agreement, it is wise to consult a Thai labour lawyer who can explain your rights clearly.

9. What Should Employers Know to Avoid Unfair Termination Claims?

For employers (including foreign-owned companies operating in Thailand), it is important to:

• • Have clear employment contracts and internal policies.

• • Maintain proper documentation of performance issues and warnings.

• • Apply disciplinary measures consistently to all employees.

• • Provide notice and severance according to the law.

• • Avoid terminating employees in a way that appears retaliatory or discriminatory.

Proper planning and legal guidance can significantly reduce the risk of expensive unfair termination claims and protect the company’s reputation.

27 Key Legal Precedents: What Constitutes Unfair Dismissal by Supreme Court?

FAQ: Unfair Termination of Employment in Thailand

1. Is termination without cause illegal in Thailand?

An employer can terminate employment without alleging misconduct, but must follow Thai labour law, including paying severance and notice where required. If the termination is done in a way that is unreasonable or discriminatory, it can still be considered unfair, even if the employer pays severance.

2. Can an employer terminate an employee without notice?

Yes, but generally only if there is a valid legal ground for instant dismissal, such as serious misconduct. If the employer cannot prove such misconduct, termination without notice may give rise to claims for notice pay and possibly unfair termination compensation.

3. Does a foreign employee have the same rights as a Thai employee?

Yes. As a general rule, foreign employees are protected by the same labour laws as Thai employees regarding severance, notice, and unfair termination, regardless of nationality. However, work permit and visa issues can create additional complexity, so legal advice is highly recommended.

4. How long does an employee have to bring a claim for unfair termination?

There are time limits for filing claims in the Labour Court. If a claim is filed too late, it may be barred. The exact timeframe depends on the type of claim, so employees should seek legal advice as soon as possible after termination to avoid missing any deadlines.

5. Can we settle an unfair termination dispute without going to court?

Yes. Many cases are resolved through negotiation and settlement, either directly between employer and employee or with the assistance of lawyers. A fair settlement can save time, costs, and stress for both sides.

Need Help With Unfair Termination in Thailand?

If you believe you have been unfairly terminated in Thailand, or if you are an employer seeking to manage terminations legally and fairly, professional guidance is essential.

Lex Bangkok can assist with:

• • Reviewing termination letters and employment contracts.

• • Explaining your rights and obligations under Thai labour law in clear English.

• • Supporting negotiations and, where appropriate, representing you in Labour Court proceedings.

Contact Lex Bangkok today to discuss your situation confidentially and understand your options under Thai law.

info@lexbangkok.com