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Employment

Employment

Key Contacts

Cambodia

Laos

Myanmar

Thailand

Vietnam

OVERVIEW

We help you get the most from your best and brightest.

Business conditions, labor sentiment, and new opportunities evolve swiftly in the growing economies of Southeast Asia. Tilleke & Gibbins’ first goal is to help employers formulate long-term, yet flexible, strategies on conditions of employment, labor-management relations, and other critical employment issues. When conflict cannot be avoided, we assist our clients with employment claims in court.

We combine the strength of our dispute resolution and litigation team with the expertise of our employment attorneys to offer the following services:

  • Strategic Employment Advice.   Conditions of employment, work rules and regulations, employment agreements, benefit plans, executive compensation, labor protection, workers’ compensation, social security, provident funds, and safety issues.
  • Commercial Transactions.   Issues related to labor expansion, contraction, and integration due to mergers, acquisitions, and restructuring.
  • Labor-Management Relations.   Conflicts in the workplace, strike management and control, lockouts, and labor demands.
  • Immigration.   Work permits, visas, and permanent residence permits.
  • Employment and Labor Litigation.   Enforcement of restrictive covenants related to competition and trade secrets, termination of employment claims, and sexual harassment claims.

Experience

  • Assisted a client in its global restructuring, which required a reduction in the headcount of its Thai operations. The client sought our expertise in reducing the number of employees, while avoiding the potential for litigation relating to unfair termination. We crafted a multi-tiered solution involving voluntary resignation packages that employees would happily accept. As part of this solution, we advised the client on strategies for communicating with its employees regarding the restructuring. Ultimately, the client met its goal in headcount reduction and continues to operate in Thailand.
  • Developed a restructuring strategy to effect proportionate employee terminations at the intermediate management level for a  multinational financial services company. The restructuring would also give greater responsibility to senior managers. This created the dual objectives of (1) negotiating fair severance packages for intermediate-level management personnel in the face of strict labor laws and (2) imposing greater work requirements on senior-level managers without incurring claims of effective termination. We were successful in implementing the changes without any employee objection, and today our client’s employee culture is much improved.
  • Negotiated a favorable settlement of a highly contested termination of a company director involving our client, the director, and the company of the spouse of the director. The dispute included two criminal cases and two civil cases (one of which involved a claim of THB 20,000,000). We successfully gathered evidence of the director’s misconduct and leveraged that evidence to secure a favorable settlement for our client.
  • Prevailed in a highly publicized termination case wherein the client sought court permission to terminate the president of a labor union based on her television appearance while wearing a controversial T-shirt. The president maintained that she had given such interview on her own time and that her actions were protected by the Constitution. Although she was supported by many NGOs, the court ruled in favor of our client.
  • Defended a leading apparel company in a THB 50,000,000 labor claim and in a criminal case brought against the client’s director. We prevailed in both claims brought by the client’s former HR manager.
  • Advised a global telecommunications company on various labor and employment matters. Among them, we helped this client to rationalize a broad range of global employment policies. In addition, we consulted on the many issues inherent to multi-jurisdictional expatriate employment matters.
  • Concluded a case involving an employee safety allegation by a governmental authority against a multinational corporation.
  • Planned the layoff of approximately 1,000 persons and created a multifaceted strategy to manage the response of the employees and the labor union. The labor union mounted a strong challenge to our client’s activities. Nonetheless, we successfully responded to the opposition and completed the downsizing of the company without any employee claim.
  • Represented a manufacturer in negotiations with a labor union on strike. We successfully negotiated the terms of a collective bargaining agreement (CBA) and, thus, expedited the conclusion of the strike. In the CBA, we secured favorable terms for our client and the return of certain management rights.
  • Advised a leading high-tech company on HR matters, including drafting labor contracts, registering new staff members, preparing documents for employment termination, and registering staff resignations.
  • Prevailed in a labor dispute wherein a managerial-level employee claimed that he had been wrongfully terminated and sought severance and other monetary entitlements. Representing the employer, we proved that the employee had in fact resigned from the company.
  • Planned and executed the layoff of 1,900 employees. Thereafter, 279 of the affected employees submitted claims against the client in the total amount of THB 300,000,000. We successfully proved that our client had cause to terminate its employees and that such was done fully within applicable Thai law, resulting in judgment in our client’s favor. This was a high-stakes matter because, if we had lost the labor cases, the approximately 1,600 additional employees would have filed claims totaling approximately THB 2,000,000,000. We also act as ongoing labor compliance counsel.
  • Obtained a favorable judgment for the Thai affiliate of a leading animal health company in a case filed against a group of former executives who left to work for our client’s chief competitor. We secured this successful result even though there is still debate among Thai legal scholars as to whether noncompetition clauses are fair to employees.
  • Advised a multinational computer components manufacturer in Vietnam on the labor and workforce implications of its acquisition of a key supplier’s manufacturing facilities.
  • Consulted an international logistics services company in Vietnam on employee transfer and retention issues arising from the acquisition of its logistics services subsidiary.
  • Advised, negotiated, and successfully concluded several executive separations for numerous top-tier companies in Vietnam.

PROFESSIONALS

RELATED INSIGHTS

June 4, 2026
On May 19, 2026, the Cabinet of the Royal Thai Government approved, in principle, revisions to Thailand’s visa exemption scheme and visa on arrival (VOA) program, as proposed by the Ministry of Foreign Affairs and the Ministry of Tourism and Sports. The revisions represent a tightening of Thailand’s immigration framework and will affect a broad range of short-term visitors. Background On July 15, 2024, Thailand expanded its visa exemption scheme by increasing the permitted period of visa-exempt stay from 30 days to 60 days in order to promote tourism, support the country’s post-pandemic economic recovery, and facilitate international travel. Under this revised scheme, passport holders from 93 countries and territories (an increase from the previous 57 countries and territories) have been permitted to enter Thailand without a visa and remain in the country for up to 60 days per entry for purposes including tourism, business engagements, urgent work, and ad hoc assignments. In addition, eligible visitors may apply at the Thai Immigration Bureau for a further 30-day extension of stay. Key Changes The proposed revisions would revoke the current 60-day exemption and reinstate the previous stay period, thereby reducing the maximum permitted stay for eligible travelers to 30 days per entry. In addition, the number of countries and territories eligible under the 30-day visa-exemption scheme is expected to be reduced to 54. The scope of the VOA scheme would likewise be significantly narrowed, with the number of eligible countries reduced from 31 countries to just four (Azerbaijan, Belarus, Serbia, and India). Further, Thailand is expected to introduce a new 15-day visa exemption category for nationals of Seychelles, the Maldives, and Mauritius. The revised framework would also limit each country or territory to a single visa exemption privilege in order to simplify Thailand’s immigration framework and reduce overlapping immigration privileges.
April 29, 2026
Vietnam’s education sector is entering a new regulatory era. On December 10, 2025, the National Assembly adopted a series of new and amended laws in the field of education, including the 2025 Law on Vocational Education, the 2025 Law on Higher Education, and the amended Law on Education No. 123/2025/QH15 (Amended Law on Education). These laws together took effect on January 1, 2026, marking a significant reform of Vietnam’s legal framework governing the education sector. The legislative package introduces a new lawmaking approach under which foundational and principle-based provisions are codified in the Amended Law on Education, while the Law on Higher Education and the Law on Vocational Education serve as specialized statutes providing supplementary, sector-specific regulatory detail tailored to their respective subsectors. The Amended Law on Education fundamentally restructures how educational institutions are established, governed, and licensed, with direct implications for private investors, foreign-invested entities, and education service providers operating in Vietnam. Below are several highlights of the key changes under the amended law, especially in the private sector, that stakeholders should understand: Change in the National Education System In addition to primary education, lower secondary (junior high school) education is now compulsory in Vietnam. Accordingly, diplomas are no longer awarded upon completion of lower secondary school but only for upper education levels. The national education system is also expanded through the introduction of vocational high school as a new level of vocational education. Such reform creates additional learning pathways that not only enable learners to pursue both further education and participate in the labor market, but also better align education and training with socioeconomic development needs. New Hurdle for Joint Investors: Mandatory Corporate Entity Requirement Where two or more investors jointly establish an education institution, the investors are no longer permitted to directly establish such an institution.
March 31, 2026
Against the backdrop of Vietnam’s rapid economic and technological transformation and its ambition to build a knowledge-driven economy, the National Assembly of Vietnam adopted Law on Higher Education No. 125/2025/QH15 on December 10, 2025, The new law took effect on January 1, 2026, replacing Law on Higher Education No. 08/2012/QH13 of 2012 and its subsequent amendments after more than a decade of implementation. The new law reflects a significant policy shift toward enhancing the institutional autonomy of higher education institutions (“HEIs”)—universities and other university-level institutions. By granting broader autonomy, Vietnam aims to enable HEIs to operate more proactively, better respond to market needs, and improve the quality and efficiency of education and research activities. Comprehensive Institutional Autonomy in HEIs The new law marks a significant shift by granting HEIs comprehensive autonomy as a statutory right, within the bounds of the licensed scope of educational operation and the legal framework, rather than a conditional right as provided under the former law. Under the new law, HEIs are empowered to exercise autonomy over their academic expertise, training, scientific research, international cooperation, organizational structure, personnel, finance, and other higher education activities. The expansion of institutional autonomy is also accompanied by a correspondingly strengthened framework of institutional accountability. However, Vietnam maintains a certain degree of control and imposes restrictions on institutional autonomy in sensitive and strategically important areas. These controls and restrictions include limitations on training autonomy in the majors of teacher training, national defense, and security; and restrictions on financial and personnel management autonomy for HEIs under the administration of the Ministry of National Defense and the Ministry of Public Security. New Model for Curriculum Development The new law removes the concept of “opening a training major” and focuses regulation on how training programs are developed and delivered. Under the previous regime,
March 31, 2026
On December 10, 2025, the National Assembly of Vietnam adopted Law on Vocational Education No. 124/2025/QH15, which took effect on January 1, 2026, replacing Law on Vocational Education No. 74/2014/QH13 of 2014. The new law broadens the categories of institutions eligible to deliver vocational training, introduces vocational upper secondary schools, and shifts governance structures for private institutions from ownership-representative boards of management to stakeholder-based school councils. These reforms aim to diversify training providers, align programs with labor market needs, and create a more flexible, open vocational education ecosystem, offering expanded opportunities for foreign and domestic investors, universities, and enterprises. Some highlights of the new Law on Vocational Education are presented below. Expansion of Vocational Training Levels and Programs In addition to elementary, intermediate, and college—the three levels of vocational training program set out under the 2014 Law on Vocational Education—the new law expands the structure by introducing two new levels: Vocational high school training programs are placed between elementary and intermediate levels, and are aimed at combining upper secondary education with vocational training, expanding options for learners after graduating from the lower secondary level. Other vocational training programs are not specified in detail under the new law, but aim to equip learners with the capability to perform and handle one or several simple tasks of an occupation. Expansion of Vocational Education Providers The new law reclassifies and extends vocational education providers by classifying them into two distinct categories: Vocational education institutions, which include colleges, intermediate schools, and vocational high schools. Establishments participating in vocational education activities, which include vocational education centers, vocational-continuing education centers, continuing education centers, other centers with vocational education functions, enterprises, cooperatives, and higher education institutions. Vocational education providers may provide one vocational training level only, or several/all levels, depending on the type of provider. The
AWARDS & RANKINGS
May 11, 2026
Tilleke & Gibbins has been recognized in five practice areas at the Asia Business Law Journal (ABLJ) Vietnam Law Firm Awards 2026, reflecting the firm’s continued strength across a range of legal disciplines in Vietnam. The firm received honors in the following categories: Artificial Intelligence Data Compliance and Cyber Security IP Litigation Labor & Employment Technology, Media & Telecommunications The ABLJ Vietnam Law Firm Awards highlight leading law firms across key practice areas, with multiple firms typically recognized in each category. The 2026 edition marks the fourth year of the awards program. These recognitions underscore the work of Tilleke & Gibbins’ Vietnam-based teams, particularly in technology-driven and regulatory-focused areas of practice. For more details and the full list of winners, please visit the ABLJ website.
May 11, 2026
Tilleke & Gibbins has continued to show excellent performance in the recently released Benchmark Litigation 2026 rankings for dispute resolution firms in the Asia-Pacific region. The rankings include two jurisdictions where Tilleke & Gibbins is active: Thailand and Vietnam. Firm Rankings A full summary of the firm’s rankings is provided below: Thailand Commercial & Transactions – Tier 1 Government & Regulatory – Tier 1 Labor & Employment – Tier 1 Intellectual Property – Tier 1 Trade & Customs – Tier 2 Vietnam Commercial & Transactions (Foreign Firms) – Tier 1 Intellectual Property (Foreign Firms) – Tier 1 Labor & Employment (International Firms) – Highly Recommended (top tier awarded in this category) White Collar Crime – Recommended (top tier awarded in this category) Energy & Construction (Foreign Firms) – Tier 2 International Arbitration – Tier 2 Individual Rankings The 2026 edition also recognizes 12 Tilleke & Gibbins lawyers in Thailand—more than any other firm in the jurisdiction—and four in Vietnam. Thailand Alongkorn Tongmee – Trade & Customs Chitchai Punsan – Commercial & Transactions Chusert Supasitthumrong – Labor & Employment John Frangos – Commercial & Transactions Noppramart Thammateeradaycho – Shipping Nuttaphol Arammuang – Intellectual Property Piyawat Vitooraporn – Commercial & Transactions Pongpalin Chantrapirom – Commercial & Transactions Suebsiri Taweepon – Intellectual Property Suruswadee Jaimsuwan – Commercial & Transactions Thawat Damsa-ard – Commercial & Transactions Tiziana Sucharitkul – Commercial & Transactions, Government & Regulatory Vietnam Duc Anh Tran – Commercial & Transactions Linh Duy Mai – Intellectual Property Loc Xuan Le – Intellectual Property Tu Anh Tran – Commercial & Transactions Benchmark Litigation’s annual research is based on interviews with dispute resolution specialists and clients, as well as analysis of recent casework and market developments. To view the full results, please visit the Benchmark Litigation websites for Thailand and Vietnam.
April 16, 2026
Tilleke & Gibbins has been recognized in the In-House Community (IHC) Firms of the Year 2025, with acknowledgments across a broad range of practice areas in Thailand and Vietnam. The results are based on feedback from in-house counsel across Asia Pacific, reflecting client perspectives on the quality and responsiveness of legal services. In Thailand, the firm received recognition in 13 categories, including 12 Firm of the Year awards and one Honorable Mention. The Firm of the Year recognitions cover: Antitrust / Competition Capital Markets Corporate & M&A Employment Energy & Projects Intellectual Property International Arbitration Litigation & Dispute Resolution Restructuring & Insolvency Taxation Technology, Media & Telecommunications Most Responsive International Law Firm – Thailand The firm also received an Honorable Mention for Real Estate & Construction. In Vietnam, Tilleke & Gibbins was recognized in seven categories. The firm received Firm of the Year awards in: Employment Intellectual Property Litigation & Dispute Resolution Technology, Media & Telecommunications Most Responsive International Law Firm – Vietnam In addition, the firm received Honorable Mentions for International Arbitration and Real Estate & Construction. The IHC Firms of the Year recognitions are based on voluntary survey responses, client feedback, testimonials, and independent research conducted by the IHC team, rather than a submission-based or benchmarking methodology. While not intended to be exhaustive, the results provide a useful snapshot of client sentiment within the in-house legal community. The full results are available on the IHC website.