Employment

Featured Publication: How to Hire and Fire in Vietnam
Contacts
T: +84 24 3772 5567
T: +855 23 964 210

T: +856 21 262 355
T: +66 2056 5995
T: +95 1 8255 208

Business conditions, labor sentiment, and new opportunities evolve swiftly in the growing economies of Southeast Asia. Tilleke & Gibbins helps employers navigate these shifting legal landscapes by providing advice on labor law and employment matters that is timely and time-tested, innovative and practical.

Our first goal is to help employers formulate long-term, yet flexible, strategies on conditions of employment, staff restructuring, labor-management relations, and other critical employment issues. By helping employers create a positive work environment, we help companies save recruitment and litigation costs, react to changing labor conditions, and attract and keep talented employees.

When conflict cannot be avoided, Tilleke & Gibbins brings or defends our clients’ employment claims in court. We combine the strength of our dispute resolution and litigation team with the expertise of our employment attorneys.
     
We 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 

Read about some of our recent victories below. We have:

  • 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. 

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Name Positionsort icon Office

Chalermpol Intarasing

T:+66 2056 5809

E-mail

Associate
Bangkok

Pathanin Sornchangwat

T:+66 2056 5808

E-mail

Associate
Bangkok

Chuyen Hong Huu Le

T:+84 28 628 45687

E-mail

Associate
Ho Chi Minh City

Marina Sar

T:+855 23 964 210

E-mail

Associate
Phnom Penh

Gvavalin Mahakunkitchareon

T:+66 2056 5648

E-mail

Associate
Bangkok

Dutsadee Dutsadeepanich

T:+66 2056 5810

E-mail

Associate
Bangkok

Thatporn Vanajak

T:+66 2056 5811

E-mail

Associate
Bangkok

Sochanmalisphoung Vannavuth

T:+855 23 964 210

E-mail

Associate
Phnom Penh

Wattanakit Thanarattananukul

T:+66 2056 5504

E-mail

Associate
Bangkok

Alongkorn Tongmee

T:+66 2056 5807

E-mail

Associate
Bangkok
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Date Titlesort icon
September 17, 2019

21 Tilleke & Gibbins Professionals Ranked in Asialaw Profiles 2020

An impressive 21 Tilleke & Gibbins practitioners are listed in the 2020 edition of Asialaw Profiles , a highly regarded guide to leading law firms and legal practitioners in the...

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June 4, 2015

Advanced HR Workshop: Investigating Employee Fraud in the 21st Century

Nuanchun Somboonvinij

Tilleke & Gibbins and PwC will host an English-language seminar on the topic, “Advanced HR Workshop: Investigating Employee Fraud in the 21st Century.” The seminar, which is aimed at local and...

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November 11, 2019

Alan Adcock to Speak on Investment in Thailand at CBLJ Forum 2019 in Shanghai

Alan Adcock, Santhapat Periera

On November 12, 2019, Alan Adcock, partner and deputy director of Tilleke & Gibbins’ intellectual...

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June 9, 2015

ALB Diversity List 2015: Tilleke & Gibbins Counted Among Top Firms

Tiziana Sucharitkul, Darani Vachanavuttivong

Tilleke & Gibbins has been included in the first edition of the Diversity List, a list compiled by Asian Legal Business—forming part of the magazine’s “Women in Law” feature—that...

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March 16, 2015

ALB Power List 2015: Tilleke & Gibbins Ranked Among Top Law Firms in Asia

Placing our firm at the pinnacle of Asia’s legal market, Asian Legal Business  has ranked Tilleke & Gibbins among the top ten “domestic” law firms in Asia in the inaugural...

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Date Titlesort icon
April 3, 2020

Laos Provides Tax Relief and Other Measures to Reduce the Economic Impact of COVID-19

Dino Santaniello

On April 2, the prime minister of Laos issued the Decision on the Policies and Measures to Reduce the Impact from the COVID-19 Pandemic. A number of the measures announced will affect locally...

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March 4, 2019

2019 Brings Major Updates to Cambodia’s Labor Law

Jay Cohen

Since its initial enactment in 1997, Cambodian Labor Law has remained largely untouched. However, with recent amendments introduced by the government in the past year, Cambodia’s Labor Law is now...

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October 4, 2010

A Measured Approach

Chusert Supasitthumrong

Thailand has long been viewed as an attractive option for foreign investors in the manufacturing sector. The country has already positioned itself as a regional leader in automotive assembly and...

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March 17, 2010

A Recent Amendment to Thai Labor Law Relating to Outsourcing

Sasirusm (Roll) B. Chunhakasikarn

Outsourcing has long been an alternative option for businesses in Thailand seeking to avoid the financial burden placed upon them by Thai labour law, particularly the Labour Protection Act B.E....

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May 11, 2016

A Regional Guide to Background Checks 2016 – Thailand Chapter

A Regional Guide to Background Checks, published by Mayer Brown JSM in collaboration with Tilleke & Gibbins, provides an overview of the legal and practical issues surrounding...

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