Must an employment contract be in writing?

An employment relationship can exist without a written contract, but written terms are what protect both sides in a dispute. Bilingual contracts are common for foreign employees; state clearly which language prevails if the two versions differ.

Can an employee be dismissed during probation?

Probation does not remove statutory protections, and the entitlements depend on length of service and the ground for dismissal. Recording performance during probation, rather than only at its end, is what makes a probation decision defensible.

How is severance calculated?

It is based on length of service and the wage rate, with statutory bands, and there are grounds on which it is not payable. Because other items such as notice and unused leave may also arise, the calculation is done on the full record rather than the contract alone.

What makes a dismissal unfair?

In broad terms, a dismissal without adequate reason or without a proper process. The employer's contemporaneous records — warnings, meeting notes, performance reviews — are usually decisive, which is why they are reviewed before any decision is made.

Are non-compete clauses enforceable in Thailand?

They can be, if the restriction is reasonable in scope, duration and geography and protects a legitimate interest. Blanket restrictions covering an entire industry indefinitely are much more likely to be cut down or disregarded.

How long does an employee have to bring a claim?

Different claims have different time limits, and the starting point depends on the type of claim. Because a late claim can be barred, both employers and employees should get the dates checked early rather than after prolonged negotiation.

What happens when a business is transferred?

Employee positions and accrued entitlements need to be addressed in the transaction documents, and employee consent may be required depending on the structure. Handling this as an afterthought is a common source of claims after a deal closes.

Does a Labour Court case require lawyers on both sides?

Parties may appear themselves, and the court encourages conciliation. Representation helps where the evidence is document-heavy, where a foreign party needs interpretation, or where the calculation of entitlements is disputed.

Employment & Labour

Employment contracts, work rules, termination and Labour Court disputes

Talk to a lawyer All practice areas

Employment work covers drafting employment contracts and work rules, advising on lawful termination and severance, handling restructuring and transfers, and representing either side in Labour Court proceedings. Most disputes we see come from documents that were never signed or never updated, so the firm reviews the paperwork before advising on any termination.

Who this page is for

Employers writing their first contracts and work rules
Employers planning a termination or a restructuring
Employees who were dismissed and want to know their entitlements
Companies facing a claim before the Labour Court
HR teams reviewing probation, bonus and non-compete wording

What the firm actually handles

Drafting employment contracts, probation terms and job descriptions
Preparing and updating work rules and employee handbooks
Advice on warnings, disciplinary process and lawful termination
Calculating severance and other statutory payments
Restructuring, business transfers and mutual-separation packages
Representation in Labour Court claims and settlement negotiation

Matters clients bring us

An employer wants a bilingual contract that matches actual practice
A poor-performance dismissal must be documented properly first
An employee claims unfair dismissal and unpaid severance
A company closing a department needs a lawful process
A non-compete and confidentiality clause needs enforceable wording
A foreign employee's contract must fit their work-permit conditions

Documents to bring to the first meeting

Employment contract and any amendments
Work rules, handbook and acknowledgement records
Payslips and payroll records for the relevant period
Warning letters, performance records and meeting minutes
Termination letter or resignation letter, if any
Company affidavit and the authorised signatory's details

If some documents are missing, send what you have. The lawyer will tell you which office issues the remaining ones and which documents need certified translation before they can be used.

How the work proceeds

1Send the contract, work rules and payroll records for review
2We identify what the documents support and where the gaps are
3We advise on the lawful process and prepare the necessary letters
4We handle negotiation or mediation where a settlement is realistic
5We file or defend the Labour Court claim if no settlement is reached
6We report after each hearing and advise on enforcement or compliance

Pitfalls and common misunderstandings

Undocumented performance problems are hard to rely on

Where a dismissal is based on performance or conduct, the records made at the time carry the weight. Warnings written after the decision rarely help and often make the position worse.

Work rules must reflect actual practice

Rules copied from a template and never applied create inconsistency between the document and reality. That inconsistency is what disputes are built on, so update the rules when practice changes.

Severance is not the only payment to consider

Depending on the circumstances there may be notice, unused annual leave and other statutory items. Calculating only one of them is a frequent cause of a claim after an otherwise agreed separation.

Resignation, mutual separation and termination by the employer

The three routes differ in documentation, payment and the risk of a later claim.

Point	Resignation	Mutual separation	Employer termination
Who initiates	The employee	Both parties	The employer
Core document	Resignation letter with an effective date	Signed separation agreement	Termination letter stating the ground and date
Payments	Outstanding wages and accrued entitlements	As agreed, recorded in writing	Statutory entitlements depending on the ground and length of service
Risk of a later claim	Lowest	Low where the release is properly worded	Highest where the ground or process is not documented
Watch out for	Pressured resignations treated as dismissal	Vague release wording	A ground that the records do not support

Each situation depends on its own documents and facts. Have the paperwork reviewed before any decision is communicated.

Hand the whole matter to the firm

The firm can take the whole employment file: contracts and work rules, the process for a specific termination, negotiation, and representation before the Labour Court, together with certified translations where foreign employees are involved.

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