April 19, 2011

Employee Discipline for Businesses: Navigating the Thai Legal Landscape

Bangkok Post, Corporate Counsellor Column

Most employers make their best efforts to ensure that discipline of employees is legal and made for legitimate reasons. Despite their best efforts, however, employers frequently find themselves at risk of facing lawsuits related to the discipline or termination of employees. Unfortunately, the outcome in the Labor Court is not always favorable or satisfying. In fact, the result of court proceedings may include revocation of employer disciplinary orders or the issuance of orders requiring the rehire of terminated employees due to unfair termination. The Court may rule that the employer did not follow Thai law or Company work rule procedures, thereby making it impossible for the employer to proceed with punishment of the employee, even where the employee conduct warrants action. This article seeks to provide an overview of how to reduce the chance of successful employee labor claims related to employee discipline

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