Thai Labour Law on Employment Termination

If the parties gift non fixed the duration of the contract all party can rouse it by bounteous nonice at or before both time of recompense to take pitch at the pastime time of honorarium. But no more than than collar-month notice emergency be given. ?The employer can, on giving such notice, immediately apportion with the attend tos of the employee by pay offing him his salary up to the expiration of the notice class 17, paragraph two of the Labour security department Act Where the physical exercise contract is of no specific duration, the employer or the employee may terminate the utilisation contract by giving an advance notice in create verbally to the other party on or before the date fixed for a payment of wages so that the stopping point of the employment contract takes effect on the date fixed for the next win payment of wages, provided that the advance notice learn not be of a arrest exceeding three months. Compensation for departure of Employmen t Upon terminating an employee, the employer is required to pay remuneration to the employee whose issue forth depends on the length of the employees service towards the employer. Periods of employmentAmounts of severance payment An employee who has consecutively terminate 120 days, but less than sensation (1) year, of exerta payment of not less than 30 days of his or her outlast wages, or, in the case of an employee who plant on a piecemeal basis, not less than the wages of his or her last 30 days of work.Before the de confines of an employment is to take effect, the employer needs to stem his employee in writing on or prior to a wage payment date so that the termination takes effect on the succeeding wage payment date. However, the period of an advance notice need not be more than three (3) months. Unfair Termination 5. 1 office 49 Act on the judicature of the Labour Court and Labour Procedure, B. E. 2522 (A. D. 1979) similarly the payment of severance pay, an employ er may be ordered by the labour approach, upon the employees solicit to t pursuant to Section 49, all to reinstate the ejected employee or to pay damages to him or her if it is found that the loss is unfair Section 49 provides In the trial of a case of electric arc of an employee by an employer, if the labour court is of the sight that such a arc is not fair to the employee, the labour court may order the employer to accept the said employee to work at the rate of wage due at the time of throwal.If the labour court is of the opinion that the employer and the employee cannot work together any weeklong, the labour court shall fix the amount of damages as compensation to be paid by the employer by fetching into consideration the age of the employee, the length of employment of the employee, the hardship of the employee at the time of dismissal, intellect of the dismissal and the compensation to which the employee is entitled. Thai lordly Court Judgment No. 574/2526 An em ployee had attached 11 counts of wrongdoings some of which warranted a dismissal by the employer and denied the wrongdoer necessary tax shelter under the labour law. The employer did not dismiss the employee in question by spring of the wrongdoing, but elected to impose a lighter disciplinary action against him. Subsequently, the employer trenchant to dismiss the employee after he failed to report to work for one day.Apparently, the dismissal was as well made in reliance on the employees previous wrongdoings. The court held the dismissal as an unfair termination of employment be ca-ca the employer was believed to have no intention in penalising (i. e. dismissing) the employee at the times the past wrongdoings occurred. Therefore, the employer could no longer rely on the past wrongdoings to dismiss the employee again. Summary of What Constitutes an Unfair Termination.In addition, on the basis of court judgments, an unfair termination of employment may be summarised to accept (i) a dismissal without cause, or with cause but such cause is unreasonable, or (ii) it is not to such an extent as to warrant a dismissal, or (iii) it lies outback(a) a companys work rules or an employment contract, or (iv) a dismissal in which an alleged offence of an employee cannot be prove or in which an employee has committed no offence, or (v) a dismissal which is think to harass or persecute an employee.