Case Study

If an employer in Thailand has terminated an employee:

1. without any fault committed by the employee; and
2. without giving a written notice to the employee; and
3. the company has failed to pay a special severance pay in lieu of advance notice to the employee,

then the employee can contact the Ministry of Labour to take legal action against the employer because it is deemed as an unfair dismissal & contrary to the Labour Protection Act.

Then the employer, employee and the Department of Labour Protection and Welfare will negotiate, compromise and settle the dispute together. If the employer delays or ignores the proceedings, the employer shall be deemed guilty of an offence and the competent official shall file the case to the Labour Court as a lawsuit against the employer.