The latest edition of How to Hire and Fire, a guide to the rules and regulations governing employment relationships around the world, has been published by Multilaw. Chinachart Vatanasuchart, a partner in Tilleke & Gibbins’ corporate and commercial department, contributed the Thailand chapter of the guide, in which he expounds on important issues related to labor and employment law in Thailand. The chapter covers the following main topics:
- General principles: Forums for adjudicating employment disputes, main sources of employment law, employees working for foreign companies, and employees of national companies working in other jurisdictions.
- Hiring the employee: Legal requirements for employment agreements, types of agreement, secrecy and confidentiality, ownership of inventions and other IP rights, hiring of non-nationals, hiring specified categories of individuals, and outsourcing and sub-contracting.
- Maintaining the employment relationship: Changes to the contract, change in business ownership, social security, accidents at work, discipline and grievance, harassment, discrimination, equal pay, compulsory training obligations, offsetting earnings, maternity leave and disability leave pay, insurance, absence for military or public service duties, trade unions, employee strikes, and vicarious liability.
- Firing the employee: Procedure for terminating employment agreements, instant dismissal, employee resignation, termination on notice, age-related termination, force majeure automatic termination, termination by agreement, restricting future activities, directors or other senior officers, severance payments, tax, allowances, and time limits for making claims.
- General: Specific matters unique or important to Thailand.