If you are a foreigner working for a Thai company it is important to
familiarize yourself with the regulations. They are probably very different to employment laws in your home country.
Employment
in Thailand
may be terminated for the following reasons:
·
Completion
of agreed upon work
·
Expiration
of contract and legal employment period
·
Mutual
agreement or resignation
·
Employment
being transferred to a third party, without agreement of employee
·
In
case of gross misconduct performed by employee, termination by employer
Thailand Employment Lawyer
Chaninat and Leeds specialise in Thailand employment law
Employment
can be terminated for gross misconduct for the following reasons:
·
Dishonesty
·
Crime
·
Intentionally
causing harm to your employer
·
Gross
negligence
·
Violating
rules at the place of employment for which a previous written warning has been
provided to you
· Neglect
of the employee’s work duties for three consecutive days without any
justification
·
Being
sentenced to imprisonment, exceptions made for petty offenses and offenses
stemming from negligent acts.
The amount of severance payable increases with length of service. More details can
be found on the Department of Labor, Protection and Welfare website.
Severance
is not payable when a fixed term contract comes to an end, if employment is
terminated for gross misconduct as explained already, or if the employee
resigns.
Severance
pay is available to both Thai and foreign staff members that have been
terminated from their positions. All nationalities have the same rights, save
the termination of employment will create additional issues for foreign
nationals connected with their work permit and their visa. Care needs to be
exercised if you find yourself in this position to ensure you do not end up overstaying
in Thailand
illegally.
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Flickr photo credit: Evoflash
Flickr photo credit: Evoflash
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