Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Labour and Employment
5.
Dismissals and terminations
5.1
Must a valid reason be given to lawfully terminate an employment contract?
 
Thailand
Yes, especially if the employer wants to avoid various statutory termination payments under Thai labour law – in particular, severance pay and unfair termination compensation.

For more information about this answer please contact: Wayu Suthisarnsuntorn from Pisut & Partners
5.2
Is a minimum notice period required?
 
Thailand
Yes, a notice period equal to one full payment cycle is normally required (usually one month or more, depending on the circumstances), except in serious cases, where the employer has the right to terminate the employee immediately (eg, where the employee has intentionally committed a crime against the employer).

For more information about this answer please contact: Wayu Suthisarnsuntorn from Pisut & Partners
5.3
What rights do employees have when arguing unfair dismissal?
 
Thailand
Employees who are unfairly terminated may ask the labour court to force the employer to reinstate them (with the same wages and responsibilities that they had before the termination) or, more commonly, may seek monetary compensation from the employer (on top of statutory severance pay).

Unfair termination is a vague concept in Thailand and the labour courts have extremely broad discretion to determine whether a termination is unfair on a case-by-case basis. Unfair termination compensation (if granted by the courts) may also be substantial (no legal maximum is stipulated under the law).

For more information about this answer please contact: Wayu Suthisarnsuntorn from Pisut & Partners
5.4
What rights, if any, are there to statutory severance pay?
 
Thailand
Employees who are terminated by their employer without ‘legal cause’ (as narrowly defined under the law) are entitled to statutory severance pay based on their length of service and their last wage rate. Statutory severance pay rates range from 30 days’ wages (for employees who have worked continuously for the same employer for 120 days or more) to 400 days’ wages (for employees who have worked continuously for the same employer for 20 years or more).

For more information about this answer please contact: Wayu Suthisarnsuntorn from Pisut & Partners