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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

September 9, 2026
On August 25, 2026, Thailand’s cabinet approved in principle a draft amendment that would extend mandatory social security coverage to three categories of workers currently excluded from Thailand’s compulsory social security system. The amendment, proposed by the Ministry of Labour, would modify the Royal Decree Prescribing Businesses and Employees Excluded from the Social Security Act B.E. 2560 (2017). Newly Covered Workers The cabinet-approved proposal would remove the exclusions for the following three categories of employees, bringing them within Thailand’s mandatory social security system: Workers in seasonal cultivation (pho pluk), forestry (pa mai), and livestock (liang sat) businesses that do not employ workers year-round and whose operations do not include other types of business activities. Notably, fishery (pramong) workers were excluded from this amendment following objections raised at a Social Security Board meeting on April 30, 2025, because employers and employees in the fishery sector can already agree to opt into social security coverage under fishery labor laws. Domestic workers and other employees of individual employers where the work performed is not part of a business operation (e.g., housekeepers, gardeners, drivers). This group has actively demanded inclusion in the social security system. Workers employed in street-stall businesses operating fixed street stalls (kan kha phaeng loi). The rationale for including street-stall workers is that their employers have fixed, identifiable places of business that can be inspected. Accordingly, workers engaged in itinerant street hawking (kan kha re) remain excluded. The expanded coverage would apply to both Thai and foreign employees who possess valid identity documents and work permits, including migrant workers who have been granted special permission to work in Thailand. The Social Security Act B.E. 2533 (1990) does not restrict social security registration based on nationality, allowing these workers to register as insured persons under section 33. Employer Obligations and Employee
September 4, 2026
Thailand’s cabinet has approved two draft amendments aimed at improving labor-related judicial proceedings. The proposed amendments to the Act on the Establishment of Labor Courts and Labor Case Procedure B.E. 2522 (1979) and the Act on Procedures for Human Trafficking Cases B.E. 2559 (2016) are intended to make the process more efficient, appropriate, and fair. Key elements of these proposed amendments are outlined below. Expansion of Labor Court Jurisdiction Under the current framework, labor courts generally hear labor disputes, while criminal offenses under labor laws are handled separately. Matters involving both labor and criminal issues may therefore require the parties to pursue proceedings before different courts. To address this, the proposed amendments would expand the jurisdiction of labor courts to cover certain criminal offenses under labor laws. The government states that the change is intended to allow related issues to be heard by judges with expertise in labor law and to reduce the need for parallel proceedings. The proposed amendments also set out the following rules for cases involving multiple offenses. Where a single act gives rise to multiple offenses and at least one of those offenses falls within the jurisdiction of the labor court, the labor court may hear the related offenses as part of the same case. Where multiple connected acts give rise to different offenses, the labor court may hear the matters together or transfer part of the case to the appropriate court, taking into account convenience and the interests of justice. Criminal Offenses Covered The proposed amendments would extend labor court jurisdiction to criminal offenses under 11 labor-related laws, including laws concerning: Home workers protection Labor protection Labor protection in fisheries work Employment and job-seeker protection Management of foreign workers Social security Occupational safety, health, and working environment Compensation Maritime labor State enterprise labor relations
August 31, 2026
Thailand has introduced a new regulatory framework that may expose foreign nationals who violate the Foreign Business Act (FBA) to deportation. The Regulation of the Office of the Prime Minister on Deportation B.E. 2569 was published in the Government Gazette on August 27, 2026. The regulation establishes an administrative process for referring foreign nationals for deportation where this is deemed necessary in the interests of public order or public morality. It does not create new substantive deportation powers, but it expressly identifies unlawful business conduct under the FBA—including nominee arrangements—as grounds for referral. Grounds for Deportation Referral The regulation sets out five grounds that may give rise to a referral to the relevant authorities: Unlawful entry into, or unlawful stay in, Thailand in violation of immigration laws. Unlawful employment or engagement in work in violation of laws governing the employment of foreign nationals. Carrying on business in violation of the FBA, including through the use of nominee arrangements. Forging official documents or using forged official documents. Committing an offense punishable by imprisonment of five years or more. The framework takes a broad approach, extending not only to the perpetrators of these acts but also to those who facilitate, instigate, or otherwise support such acts. Deportation Risk Following a Criminal Judgment Where a foreign national has committed any of the above offenses and has fully served the sentence imposed pursuant to a final judgment, the interior minister has the power to order deportation. This power also applies where a court has issued a final judgment sentencing a foreign national to imprisonment but has suspended the execution of the sentence, or has imposed a fine. A deportation order may also specify a period during which the foreign national is prohibited from reentering Thailand. FBA Noncompliance: Broader Consequences Noncompliance with the FBA—including
August 20, 2026
As part of its membership in Lex Mundi, Tilleke & Gibbins has released the latest edition of its Guide to Doing Business in Thailand, providing an overview of the legal, regulatory, and commercial considerations for companies establishing or expanding operations in Thailand. The 2026 edition offers practical insight into the country’s business environment, investment framework, and operational requirements. The guide covers a wide range of topics relevant to foreign and domestic investors, including: Investment incentives and promotion schemes Financial facilities and banking regulations Exchange controls and money transfers Import and export regulations Business structures and incorporation options Requirements for establishing a business Operational and compliance considerations Business cessation and insolvency procedures Employment and labor laws Taxation Immigration and visa requirements Prepared by Tilleke & Gibbins lawyers across multiple practice areas, the publication outlines key aspects of doing business in Thailand, including foreign investment restrictions, regulatory compliance obligations, corporate structures, employment requirements, and recent legal and economic developments affecting investors. The publication forms part of Lex Mundi’s Country Guides series, a global collection of jurisdiction-specific reference materials prepared by member firms around the world. Together, these guides help companies evaluate opportunities, compare regulatory environments, and plan international business activities across multiple markets. The full Guide to Doing Business in Thailand 2026 is available through the button below.
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.