Monday, July 8, 2013

Know Your Employment Rights In Thailand

Thailand’s employment laws are governed by the Department of Labor, Protection and Welfare.

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.  

Watch The Video:

Related Documents: Thailand Labour Law
                                       Thailand Provident Fund
                                        Thailand Social Security Act

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