Answer ... Yes, especially if the employer wants to avoid various statutory termination payments under Thai labour law – in particular, severance pay and unfair termination compensation.

Answer ... 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).

Answer ... 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).

Answer ... 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).