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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​ 

June 22, 2021
The latest updates to the Employment and Employee Benefits Global Guide, a Thomson Reuters Practical Law online publication that provides an overview of employment and employee benefits in jurisdictions worldwide, includes a revised chapter on employment regulations in Myanmar. The Myanmar chapter was written by members of Tilleke & Gibbins’ Yangon office, including Yuwadee Thean-ngarm, director, Nwe Oo, attorney-at-law, and Sher Hann Chua, consultant. The chapter covers a wide range of key employment topics, including employment status, background checks, regulation of the employment relationship, minimum wage, working hours and holidays, illness and injury of employees, discrimination and harassment, termination of employment, resolution of employer-employee disputes, redundancy/layoffs, employee representation and consultation, business transfer and insolvency, employee relocation, health and safety obligations, taxation of employment income, intellectual property issues, and more. Practical Law, produced by Thomson Reuters, is the world’s leading legal resource for business lawyers, publishing a huge range of guides for hundreds of jurisdictions and practice areas. The Employment and Employee Benefits Global Guide covers 42 jurisdiction around the world, with Tilleke & Gibbins also providing the Vietnam chapter of the guide. To view the latest version of the Myanmar chapter, please visit the Practical Law website.
May 20, 2021
Due to the resurgence of COVID-19 in Thailand since March 2021, the Cabinet has approved new reductions in employers’ and employees’ mandatory contributions to the Social Security Fund (SSF). Contribution rates will be calculated as a percentage of each employee’s monthly wages, based on a minimum and maximum monthly wage that will be confirmed in the formal regulation published in the Government Gazette. Effective May 18, 2021, the new contribution rates for mandatory SSF contributions approved by the cabinet are as follows: From June 1 to August 31, 2021 From September 1, 2021, onward The approval of the cabinet will now be considered by the Office of the Council of State. Thereafter, the new regulation will be published in the Government Gazette before formally coming into effect. For more information on this issue, or any other aspect of labor law in Thailand, please contact Chusert Supasitthumrong at +66 2056 5793 or [email protected].