You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

June 26, 2014

How to Hire and Fire (4th Edition) – Thailand Chapter

Multilaw

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.

Multilaw is a global association of independent law firms encompassing over 8000 lawyers in 150 commercial centers. Tilleke & Gibbins’ lawyers also wrote the Vietnam chapter of this publication.

RELATED INSIGHTS​ 

October 8, 2019
As Myanmar continues to open to foreign investment, employers from other ASEAN countries and places farther afield have been setting up local operations. Understanding the requirements of Myanmar labour law is, of course, a crucial part of this.By staying in compliance with the country’s regulations on working conditions, leave and holiday entitlements, and other labour regulations, entrepreneurs can increase their likelihood of business success in Myanmar.Working hours and pay
October 1, 2019
Earlier this year, Thailand enacted its Personal Data Protection Act (PDPA), which was published in the Government Gazette on 27 May 2019. Most parts of the PDPA will become effective one year after this, on 27 May 2020. As the PDPA will have broad impact across multiple aspects of most businesses—including their human resources operations—lawmakers provided this one-year period for those affected to prepare for compliance with the PDPA.
August 6, 2019
On May 5, 2019, amendments to Thailand’s Labour Protection Act (LPA) introduced changes to a variety of employer obligations to enhance employee protection, including statutory severance pay, maternity leave, and paid necessary business leave, among others. It also set out key amendments to the law governing workplace relocation, and employers should be sure to familiarize themselves with these new provisions due to their potential impact on business operational decisions in future.