Thai labor law is relatively flexible for employers. Regardless of who initiates termination, it is important to know when to notify the employee/employer. Overview of basic labor laws of Thailand 2-1. The Labour Law provides for annual leave to all workers on completion of one year of service. If you have a retirement visa and are working, you are doing so illegally. Employees with more than 120 days, but less than one year employment are entitled to severance pay equal to one month's salary. In most cases, employers are only required to pay employees for the days they work, not the days they intended to work. Employers operating their businesses in Thailand can, under Thai Labour Law, terminate the employment of their employees by dismissing them. Thailand Labour Law, partial months and LWOP. If the employee receives severance pay, there is no legal obligation to notify him/her of the reason for dismissal. 4. However, be sure to return all personal belongings to the employee before forcing the employee to not return to the workplace. The employee is subject to imprisonment by a final court judgment. 4. On the other hand, if the period is not fixed, the party who would like to terminate the employment agreement (either the employer or employee), has to notify the other party either in advance of or on the date that the salary is paid. The statutory law on dismissal is remarkably vague: the Civil Code provides seemingly straightforward termination provisions for employment contracts, and Article 16 of the Labor Contract Act merely states that “a dismissal shall, if it lacks objectively reasonable grounds and is not considered to be appropriate in general societal terms, be treated as an abuse of right and be invalid.” Phuket and Thailand Law Firm : International Law Office Phuket provides a full range of legal services in areas of Business Law, Real Estate Law, Commercial Law, Corporate and Business Entity Formation, Tax Law, Immigration Law and Litigation. If you wish to enquire as to whether this country chapter is available in a previous edition of Energy in print or PDF format, contact us here. The Basics of Termination of Employment Contracts (Oman Labour Law) Published on July 20, 2014 July 20, 2014 • 65 Likes • 36 Comments The judgments of the Labor Court are subject to appeal to the Supreme Court within 15 days of the judgment. Mazars, a different player in audit, accounting, tax, legal and business advisory services in Thailand. Good day, My situation is that I submitted my resignation last October 5 effectivity same day, in hard copy. Resignation by giving appropriate notice ... All managers and owners are encouraged to learn about Thailand Labour Law, and to incorporate strict HR practices at their organisation. It’s normal (but not a legal requirement) to give two weeks of notice.However a “reasonable” resignation period is based on several factors. The basic presumption of Thai Labor Law is that the Employer is in a superior position in relation to the Employee therefore Employees require the law to equalize the imbalance of power. Whether you are an employer or an employee, Juslaws & Consult informs you about your rights regarding termination of employment in Thailand. Company A can notify the termination of employment to the employees on 30 September 2009 and ask the employees to leave their jobs on 30 October 2009. Although resignation is a unilateral act that requires no acceptance by the employer to be effective, summary resignation, and the refusal to work out a notice period, is a breach of contract or a breach of the provisions of the BCEA. Chatu Mongol Sonakul has resigned as leader of the Action Coalition for Thailand. Amendments. However, if the dismissal is without real or reasonable cause, the employee may take the matter to the Labor Court for unfair dismissal. An employee has served the company for less than 120 days. Mazars is known to offer tailored solutions to all its clients, major corporations, small and medium companies, and high net worth individuals alike. 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