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Thailand - Procedural requirements for individual dismissals

Procedural requirements for individual dismissals - Thailand - 2019    

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Notification to the worker to be dismissed: no specific form required

  • Notification to the worker to be dismissed: oral or written
    Art. 17 LPA, as amended by LPA-No.2 of 2008 (art. 8): The prior notice of termination can be given in writing.

Notice period:
  • -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.

    Notice period:
    o Economic dismissal – 60 days
    o Monthly paid workers – non-economic dismissal – 1 month
    • tenure ≥ 6 months
      • economic dismissal - 60 day(s).
      • monthly paid workers - non economic dismissal - 1 month(s).

    Pay in lieu of notice: Yes

    • 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

    • 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