Navigating Employment & Labor Law in Thailand
Thailand's labor laws provide strong protections for employees, and navigating them can be a significant challenge for foreign employers and employees alike. Understanding your rights and obligations is crucial for maintaining a fair workplace and avoiding costly legal disputes. PS Law & Business offers comprehensive legal services for all aspects of employment law, ensuring you are fully compliant and protected.
Whether you are a company hiring local and foreign staff, or an expatriate employee seeking to understand your contract, our experienced labor lawyers are here to help.
Our Labor & Employment Law Services
We provide tailored legal solutions for both employers and employees to address a wide range of workplace matters.
For Employers
- Employment Contracts: Drafting and reviewing bilingual employment agreements that are compliant with the Thai Labour Protection Act.
- Work Permits and Visas: Assisting with the entire process of securing and renewing work permits and related business visas for your foreign staff, including for BOI-promoted companies.
- Company Work Rules & Regulations: Drafting and registering official company policies and work regulations as required by Thai law.
- Termination of Employment: Providing legal guidance on lawful termination, calculating severance pay, and managing dismissal procedures to prevent claims of wrongful termination.
- Labor Dispute Resolution: Representing your company in negotiations, mediation, and litigation at the Labor Court.
- HR & Management Legal Support: Offering ongoing legal advice for your HR department on day-to-day compliance and complex employment issues.
For Employees
- Employment Contract Review: Analyzing your employment contract to ensure the terms are fair, legal, and protect your interests. We help you understand every clause before you sign. Read our guide to understanding your Thai employment contract.
- Wrongful Termination & Unfair Dismissal: If you believe you have been fired unfairly, we can assess your case and represent you in claiming proper compensation.
- Severance Pay Claims: Ensuring you receive the correct amount of severance pay and other benefits you are legally entitled to upon termination.
- Workplace Disputes: Advising on and representing you in cases of workplace discrimination, harassment, or other disputes with your employer.
Frequently Asked Questions (FAQ)
Q1: What is the maximum probation period in Thailand?
A1: The maximum probation period allowed under Thai law is 119 days. If an employee is terminated after this period without cause, they are generally entitled to severance pay.
Q2: Is severance pay mandatory in Thailand?
A2: Yes, severance pay is mandatory for employees who have worked for at least 120 consecutive days and are terminated without cause. The amount depends on the length of employment, ranging from 30 days' to 400 days' wages.
Q3: Can a foreign employee sue their employer in Thailand?
A3: Yes, foreign employees have the same rights as Thai employees to file a complaint at the Labor Court if they believe their employer has violated the terms of their contract or Thai labor law.
Q4: Do I need a lawyer to draft my company's work regulations?
A4: While not mandatory, it is highly advisable. Companies with 10 or more employees must have work regulations in Thai, and a lawyer can ensure they are fully compliant with the Labour Protection Act, which can prevent future disputes.
External Links for Further Information
- Thailand Ministry of Labour - Official information on labor laws and regulations.
- Social Security Office - Details on social security contributions and benefits for employees in Thailand.
