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> GOVERNANCE - home > Employment protection legislation database - EPLex > Thailand

Thailand - Procedural requirements for individual dismissals


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Notification to the worker to be dismissed: written

Remarks:
  • Art. 17 LPA, as amended by LPA-No2 of 2008 (art. 8): The prior notice of termination shall be given in writing.

Notice period:
Remarks:
  • -Dismissal not based on economic reasons:
    See art. 17 LPA, as amended by LPA-No2 of 2008 (art. 8): " Where the period is not specified in the contract of employment, an employer or an employee may terminate the contract by giving advance notice in writing to the other party at or before any due date of wage payment in order to take effect on the following due date of wage payment, with no requirement for advance notice of more than 3 months".
    Therefore, if a worker is paid on a monthly basis, the notice period shall be at least 1 month.
    See also art. 582 CCC.

    - Dismissal for economic reasons:
    According to art. 121 LPA, the employer shall give at least a 60-day notice to the labour inspection when he or she intends to terminate an employee due to the restructuring of the work unit, the production process, or the distribution or provision of services, resulting from the introduction or change of machinery or technology.
    • tenure ≥ 6 months
      • economic dismissal - 60 day(s).
      • monthly paid workers - non economic dismissal - 1 month(s).
    • tenure ≥ 9 months
      • economic dismissal - 60 day(s).
      • monthly paid workers - non economic dismissal - 1 month(s).
    • tenure ≥ 2 years
      • economic dismissal - 60 day(s).
      • monthly paid workers - non economic dismissal - 1 month(s).
    • tenure ≥ 4 years
      • economic dismissal - 60 day(s).
      • monthly paid workers - non economic dismissal - 1 month(s).
    • tenure ≥ 5 years
      • economic dismissal - 60 day(s).
      • monthly paid workers - non economic dismissal - 1 month(s).
    • tenure ≥ 10 years
      • economic dismissal - 60 day(s).
      • monthly paid workers - non economic dismissal - 1 month(s).
    • tenure ≥ 20 years
      • economic dismissal - 60 day(s).
      • monthly paid workers - non economic dismissal - 1 month(s).

    Pay in lieu of notice: Yes

    Remarks:
    • See art. 17(3) as amended by LPA-No2 of 2008 (art. 8) and art. 121 LPA (economic dismissals). See also art. 582(2) CCC.

    Notification to the public administration: No

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Remarks:
    • However, the Labour Relations Act requires the approval of the Labour Court when the employer intends to dismiss (and otherwise punish or reduce wages of) a member of an employees' committee (art. 52 LRA).
      Such committees are set up by employees in establishments employing at least 50 employees (art. 45 LRA).

    Approval by workers' representatives: No

    + show references

    Notification to the worker to be dismissed: written

    Remarks:
    • Art. 17 LPA, as amended by LPA-No2 of 2008 (art. 8): The prior notice of termination shall be given in writing.

    Notice period:
    Remarks:
    • -Dismissal not based on economic reasons:
      See art. 17 LPA, as amended by LPA-No2 of 2008 (art. 8): " Where the period is not specified in the contract of employment, an employer or an employee may terminate the contract by giving advance notice in writing to the other party at or before any due date of wage payment in order to take effect on the following due date of wage payment, with no requirement for advance notice of more than 3 months".
      Therefore, if a worker is paid on a monthly basis, the notice period shall be at least 1 month.
      See also art. 582 CCC.

      - Dismissal for economic reasons:
      According to art. 121 LPA, the employer shall give at least a 60-day notice to the labour inspection when he or she intends to terminate an employee due to the restructuring of the work unit, the production process, or the distribution or provision of services, resulting from the introduction or change of machinery or technology.
      • tenure ≥ 6 months
        • economic dismissal - 60 day(s).
        • monthly paid workers - non economic dismissal - 1 month(s).
      • tenure ≥ 9 months
        • economic dismissal - 60 day(s).
        • monthly paid workers - non economic dismissal - 1 month(s).
      • tenure ≥ 2 years
        • economic dismissal - 60 day(s).
        • monthly paid workers - non economic dismissal - 1 month(s).
      • tenure ≥ 4 years
        • economic dismissal - 60 day(s).
        • monthly paid workers - non economic dismissal - 1 month(s).
      • tenure ≥ 5 years
        • economic dismissal - 60 day(s).
        • monthly paid workers - non economic dismissal - 1 month(s).
      • tenure ≥ 10 years
        • economic dismissal - 60 day(s).
        • monthly paid workers - non economic dismissal - 1 month(s).
      • tenure ≥ 20 years
        • economic dismissal - 60 day(s).
        • monthly paid workers - non economic dismissal - 1 month(s).

      Pay in lieu of notice: Yes

      Remarks:
      • See art. 17(3) as amended by LPA-No2 of 2008 (art. 8) and art. 121 LPA (economic dismissals). See also art. 582(2) CCC.

      Notification to the public administration: No

      Notification to workers' representatives: No

      Approval by public administration or judicial bodies: No

      Remarks:
      • However, the Labour Relations Act requires the approval of the Labour Court when the employer intends to dismiss (and otherwise punish or reduce wages of) a member of an employees' committee (art. 52 LRA).
        Such committees are set up by employees in establishments employing at least 50 employees (art. 45 LRA).

      Approval by workers' representatives: No

      + show references

      Notification to the worker to be dismissed: written

      Remarks:
      • Art. 17 LPA, as amended by LPA-No2 of 2008 (art. 8): The prior notice of termination shall be given in writing.

      Notice period:
      Remarks:
      • -Dismissal not based on economic reasons:
        See art. 17 LPA, as amended by LPA-No2 of 2008 (art. 8): " Where the period is not specified in the contract of employment, an employer or an employee may terminate the contract by giving advance notice in writing to the other party at or before any due date of wage payment in order to take effect on the following due date of wage payment, with no requirement for advance notice of more than 3 months".
        Therefore, if a worker is paid on a monthly basis, the notice period shall be at least 1 month.
        See also art. 582 CCC.

        - Dismissal for economic reasons:
        According to art. 121 LPA, the employer shall give at least a 60-day notice to the labour inspection when he or she intends to terminate an employee due to the restructuring of the work unit, the production process, or the distribution or provision of services, resulting from the introduction or change of machinery or technology.
        • tenure ≥ 6 months
          • economic dismissal - 60 day(s).
          • monthly paid workers - non economic dismissal - 1 month(s).
        • tenure ≥ 9 months
          • economic dismissal - 60 day(s).
          • monthly paid workers - non economic dismissal - 1 month(s).
        • tenure ≥ 2 years
          • economic dismissal - 60 day(s).
          • monthly paid workers - non economic dismissal - 1 month(s).
        • tenure ≥ 4 years
          • economic dismissal - 60 day(s).
          • monthly paid workers - non economic dismissal - 1 month(s).
        • tenure ≥ 5 years
          • economic dismissal - 60 day(s).
          • monthly paid workers - non economic dismissal - 1 month(s).
        • tenure ≥ 10 years
          • economic dismissal - 60 day(s).
          • monthly paid workers - non economic dismissal - 1 month(s).
        • tenure ≥ 20 years
          • economic dismissal - 60 day(s).
          • monthly paid workers - non economic dismissal - 1 month(s).

        Pay in lieu of notice: Yes

        Remarks:
        • See art. 17(3) as amended by LPA-No2 of 2008 (art. 8) and art. 121 LPA (economic dismissals). See also art. 582(2) CCC.

        Notification to the public administration: No

        Notification to workers' representatives: No

        Approval by public administration or judicial bodies: No

        Remarks:
        • However, the Labour Relations Act requires the approval of the Labour Court when the employer intends to dismiss (and otherwise punish or reduce wages of) a member of an employees' committee (art. 52 LRA).
          Such committees are set up by employees in establishments employing at least 50 employees (art. 45 LRA).

        Approval by workers' representatives: No

        + show references

        Notification to the worker to be dismissed: written

        Remarks:
        • Art. 17 LPA, as amended by LPA-No2 of 2008 (art. 8): The prior notice of termination shall be given in writing.

        Notice period:
        Remarks:
        • -Dismissal not based on economic reasons:
          See art. 17 LPA, as amended by LPA-No2 of 2008 (art. 8): " Where the period is not specified in the contract of employment, an employer or an employee may terminate the contract by giving advance notice in writing to the other party at or before any due date of wage payment in order to take effect on the following due date of wage payment, with no requirement for advance notice of more than 3 months".
          Therefore, if a worker is paid on a monthly basis, the notice period shall be at least 1 month.
          See also art. 582 CCC.

          - Dismissal for economic reasons:
          According to art. 121 LPA, the employer shall give at least a 60-day notice to the labour inspection when he or she intends to terminate an employee due to the restructuring of the work unit, the production process, or the distribution or provision of services, resulting from the introduction or change of machinery or technology.
          • tenure ≥ 6 months
            • economic dismissal - 60 day(s).
            • monthly paid workers - non economic dismissal - 1 month(s).
          • tenure ≥ 9 months
            • economic dismissal - 60 day(s).
            • monthly paid workers - non economic dismissal - 1 month(s).
          • tenure ≥ 2 years
            • economic dismissal - 60 day(s).
            • monthly paid workers - non economic dismissal - 1 month(s).
          • tenure ≥ 4 years
            • economic dismissal - 60 day(s).
            • monthly paid workers - non economic dismissal - 1 month(s).
          • tenure ≥ 5 years
            • economic dismissal - 60 day(s).
            • monthly paid workers - non economic dismissal - 1 month(s).
          • tenure ≥ 10 years
            • economic dismissal - 60 day(s).
            • monthly paid workers - non economic dismissal - 1 month(s).
          • tenure ≥ 20 years
            • economic dismissal - 60 day(s).
            • monthly paid workers - non economic dismissal - 1 month(s).

          Pay in lieu of notice: Yes

          Remarks:
          • See art. 17(3) as amended by LPA-No2 of 2008 (art. 8) and art. 121 LPA (economic dismissals). See also art. 582(2) CCC.

          Notification to the public administration: No

          Notification to workers' representatives: No

          Approval by public administration or judicial bodies: No

          Remarks:
          • However, the Labour Relations Act requires the approval of the Labour Court when the employer intends to dismiss (and otherwise punish or reduce wages of) a member of an employees' committee (art. 52 LRA).
            Such committees are set up by employees in establishments employing at least 50 employees (art. 45 LRA).

          Approval by workers' representatives: No

          + show references

          Notification to the worker to be dismissed: written

          Remarks:
          • Art. 17 LPA, as amended by LPA-No2 of 2008 (art. 8): The prior notice of termination shall be given in writing.

          Notice period:
          Remarks:
          • -Dismissal not based on economic reasons:
            See art. 17 LPA, as amended by LPA-No2 of 2008 (art. 8): " Where the period is not specified in the contract of employment, an employer or an employee may terminate the contract by giving advance notice in writing to the other party at or before any due date of wage payment in order to take effect on the following due date of wage payment, with no requirement for advance notice of more than 3 months".
            Therefore, if a worker is paid on a monthly basis, the notice period shall be at least 1 month.
            See also art. 582 CCC.

            - Dismissal for economic reasons:
            According to art. 121 LPA, the employer shall give at least a 60-day notice to the labour inspection when he or she intends to terminate an employee due to the restructuring of the work unit, the production process, or the distribution or provision of services, resulting from the introduction or change of machinery or technology.
            • tenure ≥ 6 months
              • economic dismissal - 60 day(s).
              • monthly paid workers - non economic dismissal - 1 month(s).
            • tenure ≥ 9 months
              • economic dismissal - 60 day(s).
              • monthly paid workers - non economic dismissal - 1 month(s).
            • tenure ≥ 2 years
              • economic dismissal - 60 day(s).
              • monthly paid workers - non economic dismissal - 1 month(s).
            • tenure ≥ 4 years
              • economic dismissal - 60 day(s).
              • monthly paid workers - non economic dismissal - 1 month(s).
            • tenure ≥ 5 years
              • economic dismissal - 60 day(s).
              • monthly paid workers - non economic dismissal - 1 month(s).
            • tenure ≥ 10 years
              • economic dismissal - 60 day(s).
              • monthly paid workers - non economic dismissal - 1 month(s).
            • tenure ≥ 20 years
              • economic dismissal - 60 day(s).
              • monthly paid workers - non economic dismissal - 1 month(s).

            Pay in lieu of notice: Yes

            Remarks:
            • See art. 17(3) as amended by LPA-No2 of 2008 (art. 8) and art. 121 LPA (economic dismissals). See also art. 582(2) CCC.

            Notification to the public administration: No

            Notification to workers' representatives: No

            Approval by public administration or judicial bodies: No

            Remarks:
            • However, the Labour Relations Act requires the approval of the Labour Court when the employer intends to dismiss (and otherwise punish or reduce wages of) a member of an employees' committee (art. 52 LRA).
              Such committees are set up by employees in establishments employing at least 50 employees (art. 45 LRA).

            Approval by workers' representatives: No

            + show references

            Notification to the worker to be dismissed: written

            Remarks:
            • Art. 17 LPA, as amended by LPA-No2 of 2008 (art. 8): The prior notice of termination shall be given in writing.

            Notice period:
            Remarks:
            • -Dismissal not based on economic reasons:
              See art. 17 LPA, as amended by LPA-No2 of 2008 (art. 8): " Where the period is not specified in the contract of employment, an employer or an employee may terminate the contract by giving advance notice in writing to the other party at or before any due date of wage payment in order to take effect on the following due date of wage payment, with no requirement for advance notice of more than 3 months".
              Therefore, if a worker is paid on a monthly basis, the notice period shall be at least 1 month.
              See also art. 582 CCC.

              - Dismissal for economic reasons:
              According to art. 121 LPA, the employer shall give at least a 60-day notice to the labour inspection when he or she intends to terminate an employee due to the restructuring of the work unit, the production process, or the distribution or provision of services, resulting from the introduction or change of machinery or technology.
              • tenure ≥ 6 months
                • economic dismissal - 60 day(s).
                • monthly paid workers - non economic dismissal - 1 month(s).
              • tenure ≥ 9 months
                • economic dismissal - 60 day(s).
                • monthly paid workers - non economic dismissal - 1 month(s).
              • tenure ≥ 2 years
                • economic dismissal - 60 day(s).
                • monthly paid workers - non economic dismissal - 1 month(s).
              • tenure ≥ 4 years
                • economic dismissal - 60 day(s).
                • monthly paid workers - non economic dismissal - 1 month(s).
              • tenure ≥ 5 years
                • economic dismissal - 60 day(s).
                • monthly paid workers - non economic dismissal - 1 month(s).
              • tenure ≥ 10 years
                • economic dismissal - 60 day(s).
                • monthly paid workers - non economic dismissal - 1 month(s).
              • tenure ≥ 20 years
                • economic dismissal - 60 day(s).
                • monthly paid workers - non economic dismissal - 1 month(s).

              Pay in lieu of notice: Yes

              Remarks:
              • See art. 17(3) as amended by LPA-No2 of 2008 (art. 8) and art. 121 LPA (economic dismissals). See also art. 582(2) CCC.

              Notification to the public administration: No

              Notification to workers' representatives: No

              Approval by public administration or judicial bodies: No

              Remarks:
              • However, the Labour Relations Act requires the approval of the Labour Court when the employer intends to dismiss (and otherwise punish or reduce wages of) a member of an employees' committee (art. 52 LRA).
                Such committees are set up by employees in establishments employing at least 50 employees (art. 45 LRA).

              Approval by workers' representatives: No

              + show references

              Notification to the worker to be dismissed: written

              Remarks:
              • Art. 17 LPA, as amended by LPA-No2 of 2008 (art. 8): The prior notice of termination shall be given in writing.

              Notice period:
              Remarks:
              • -Dismissal not based on economic reasons:
                See art. 17 LPA, as amended by LPA-No2 of 2008 (art. 8): " Where the period is not specified in the contract of employment, an employer or an employee may terminate the contract by giving advance notice in writing to the other party at or before any due date of wage payment in order to take effect on the following due date of wage payment, with no requirement for advance notice of more than 3 months".
                Therefore, if a worker is paid on a monthly basis, the notice period shall be at least 1 month.
                See also art. 582 CCC.

                - Dismissal for economic reasons:
                According to art. 121 LPA, the employer shall give at least a 60-day notice to the labour inspection when he or she intends to terminate an employee due to the restructuring of the work unit, the production process, or the distribution or provision of services, resulting from the introduction or change of machinery or technology.
                • tenure ≥ 6 months
                  • economic dismissal - 60 day(s).
                  • monthly paid workers - non economic dismissal - 1 month(s).
                • tenure ≥ 9 months
                  • economic dismissal - 60 day(s).
                  • monthly paid workers - non economic dismissal - 1 month(s).
                • tenure ≥ 2 years
                  • economic dismissal - 60 day(s).
                  • monthly paid workers - non economic dismissal - 1 month(s).
                • tenure ≥ 4 years
                  • economic dismissal - 60 day(s).
                  • monthly paid workers - non economic dismissal - 1 month(s).
                • tenure ≥ 5 years
                  • economic dismissal - 60 day(s).
                  • monthly paid workers - non economic dismissal - 1 month(s).
                • tenure ≥ 10 years
                  • economic dismissal - 60 day(s).
                  • monthly paid workers - non economic dismissal - 1 month(s).
                • tenure ≥ 20 years
                  • economic dismissal - 60 day(s).
                  • monthly paid workers - non economic dismissal - 1 month(s).

                Pay in lieu of notice: Yes

                Remarks:
                • See art. 17(3) as amended by LPA-No2 of 2008 (art. 8) and art. 121 LPA (economic dismissals). See also art. 582(2) CCC.

                Notification to the public administration: No

                Notification to workers' representatives: No

                Approval by public administration or judicial bodies: No

                Remarks:
                • However, the Labour Relations Act requires the approval of the Labour Court when the employer intends to dismiss (and otherwise punish or reduce wages of) a member of an employees' committee (art. 52 LRA).
                  Such committees are set up by employees in establishments employing at least 50 employees (art. 45 LRA).

                Approval by workers' representatives: No

                + show references

                Notification to the worker to be dismissed: written

                Remarks:
                • Art. 17 LPA, as amended by LPA-No2 of 2008 (art. 8): The prior notice of termination shall be given in writing.

                Notice period:
                Remarks:
                • -Dismissal not based on economic reasons:
                  See art. 17 LPA, as amended by LPA-No2 of 2008 (art. 8): " Where the period is not specified in the contract of employment, an employer or an employee may terminate the contract by giving advance notice in writing to the other party at or before any due date of wage payment in order to take effect on the following due date of wage payment, with no requirement for advance notice of more than 3 months".
                  Therefore, if a worker is paid on a monthly basis, the notice period shall be at least 1 month.
                  See also art. 582 CCC.

                  - Dismissal for economic reasons:
                  According to art. 121 LPA, the employer shall give at least a 60-day notice to the labour inspection when he or she intends to terminate an employee due to the restructuring of the work unit, the production process, or the distribution or provision of services, resulting from the introduction or change of machinery or technology.
                  • tenure ≥ 6 months
                    • economic dismissal - 60 day(s).
                    • monthly paid workers - non economic dismissal - 1 month(s).
                  • tenure ≥ 9 months
                    • economic dismissal - 60 day(s).
                    • monthly paid workers - non economic dismissal - 1 month(s).
                  • tenure ≥ 2 years
                    • economic dismissal - 60 day(s).
                    • monthly paid workers - non economic dismissal - 1 month(s).
                  • tenure ≥ 4 years
                    • economic dismissal - 60 day(s).
                    • monthly paid workers - non economic dismissal - 1 month(s).
                  • tenure ≥ 5 years
                    • economic dismissal - 60 day(s).
                    • monthly paid workers - non economic dismissal - 1 month(s).
                  • tenure ≥ 10 years
                    • economic dismissal - 60 day(s).
                    • monthly paid workers - non economic dismissal - 1 month(s).
                  • tenure ≥ 20 years
                    • economic dismissal - 60 day(s).
                    • monthly paid workers - non economic dismissal - 1 month(s).

                  Pay in lieu of notice: Yes

                  Remarks:
                  • See art. 17(3) as amended by LPA-No2 of 2008 (art. 8) and art. 121 LPA (economic dismissals). See also art. 582(2) CCC.

                  Notification to the public administration: No

                  Notification to workers' representatives: No

                  Approval by public administration or judicial bodies: No

                  Remarks:
                  • However, the Labour Relations Act requires the approval of the Labour Court when the employer intends to dismiss (and otherwise punish or reduce wages of) a member of an employees' committee (art. 52 LRA).
                    Such committees are set up by employees in establishments employing at least 50 employees (art. 45 LRA).

                  Approval by workers' representatives: No

                  + show references

                  Notification to the worker to be dismissed: written

                  Remarks:
                  • Art. 17 LPA, as amended by LPA-No2 of 2008 (art. 8): The prior notice of termination shall be given in writing.

                  Notice period:
                  Remarks:
                  • -Dismissal not based on economic reasons:
                    See art. 17 LPA, as amended by LPA-No2 of 2008 (art. 8): " Where the period is not specified in the contract of employment, an employer or an employee may terminate the contract by giving advance notice in writing to the other party at or before any due date of wage payment in order to take effect on the following due date of wage payment, with no requirement for advance notice of more than 3 months".
                    Therefore, if a worker is paid on a monthly basis, the notice period shall be at least 1 month.
                    See also art. 582 CCC.

                    - Dismissal for economic reasons:
                    According to art. 121 LPA, the employer shall give at least a 60-day notice to the labour inspection when he or she intends to terminate an employee due to the restructuring of the work unit, the production process, or the distribution or provision of services, resulting from the introduction or change of machinery or technology.
                    • tenure ≥ 6 months
                      • economic dismissal - 60 day(s).
                      • monthly paid workers - non economic dismissal - 1 month(s).
                    • tenure ≥ 9 months
                      • economic dismissal - 60 day(s).
                      • monthly paid workers - non economic dismissal - 1 month(s).
                    • tenure ≥ 2 years
                      • economic dismissal - 60 day(s).
                      • monthly paid workers - non economic dismissal - 1 month(s).
                    • tenure ≥ 4 years
                      • economic dismissal - 60 day(s).
                      • monthly paid workers - non economic dismissal - 1 month(s).
                    • tenure ≥ 5 years
                      • economic dismissal - 60 day(s).
                      • monthly paid workers - non economic dismissal - 1 month(s).
                    • tenure ≥ 10 years
                      • economic dismissal - 60 day(s).
                      • monthly paid workers - non economic dismissal - 1 month(s).
                    • tenure ≥ 20 years
                      • economic dismissal - 60 day(s).
                      • monthly paid workers - non economic dismissal - 1 month(s).

                    Pay in lieu of notice: Yes

                    Remarks:
                    • See art. 17(3) as amended by LPA-No2 of 2008 (art. 8) and art. 121 LPA (economic dismissals). See also art. 582(2) CCC.

                    Notification to the public administration: No

                    Notification to workers' representatives: No

                    Approval by public administration or judicial bodies: No

                    Remarks:
                    • However, the Labour Relations Act requires the approval of the Labour Court when the employer intends to dismiss (and otherwise punish or reduce wages of) a member of an employees' committee (art. 52 LRA).
                      Such committees are set up by employees in establishments employing at least 50 employees (art. 45 LRA).

                    Approval by workers' representatives: No