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Thailand
 


Source and scope of regulations - 2019    

References
  • Labour Protection Act, B.E. 2541, 1998 [LPA]
    Date: 12 Feb 1998; view website » (view in NATLEX »)
  • Labour Protection Act (No. 2), B.E. 2551, 2008 [LPA-No2]
    Date: 15 Feb 2008 (view in NATLEX »)
  • Labour Protection Act (No. 3), B.E. 2551, 2008 [LPA-No3]
    Date: 15 Feb 2008 (view in NATLEX »)
  • Labour Protection Act (No. 4) of December 2010, B.E. 2553, in force since July 2011.
    Date: 27 Dec 2010 (view in NATLEX »)
  • Labour Protection Act (No. 5), B.E. 2560 of January 2017
    Date: 23 Jan 2017 (view in NATLEX »)
  • Labour Protection Act (No. 6), B.E. 2560 of August 2017
    Date: 27 Aug 2017 (view in NATLEX »)
  • Labour Protection Act (No. 7), B.E. 2562 of April 2019
    Date: 04 Apr 2019; view website »
  • Civil and Commercial Code: Book 3, Title VI: Hire of Services, 1985, as amended to Code (No.18), B.E.2551, 2008 [CCC]
    Date: 2008 (view in NATLEX »)
  • Act on Establishment of Labour Courts and Labour Court Procedure, B.E. 2522, 1979 [ALC]
    Date: 30 Apr 1979 (view in NATLEX »)
  • Act on Establishment of Labour Courts and Labour Court Procedure (No. 2), B.E. 2550 of August 2007
    Date: 30 Aug 2007
  • Act on Establishment of Labour Courts and Labour Court Procedure (No.3), B.E. 2558 of December 2015
    Date: 04 Dec 2015
  • Act on Establishment of the Court of Appeal for Specialized Cases, B.E. 2558 of December 2015
    Date: 04 Dec 2015
  • Labour Relations Act, BE 2518, 1975 [LRA]
    Date: 1975 (view in NATLEX »)
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: civil/public servants; agricultural workers

Notes / Remarks
A new Act amending the Labour Protection Act [Labour Protection Act (No. 7)] was adopted in April 2019. Those changes deal with various issues; for example, art.17/1 - termination of employment without prior notice, art.118 - establishing some new rates of severance pay (the length of service more than 10 years but less than 20 years and the length of service more than 20 years), article 120 – relocation of employer’s establishment, etc.


Types of employment contracts - 2019    

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Maximum probationary (trial) period: no limitation

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: objective and material reasons
  • Maximum number of successive FTCs: no limitation
  • Maximum cumulative duration of successive FTCs: 2 year(s)

Substantive requirements for dismissals (justified and prohibited grounds) - 2019    

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Obligation to provide reasons to the employee: No

Valid grounds (justified dismissal): none

Prohibited grounds: pregnancy; filing a complaint against the employer; trade union membership and activities

Workers enjoying special protection: workers' representatives

Procedural requirements for individual dismissals - 2019    

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

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

    Pay in lieu of notice: Yes

    Notification to the public administration: No

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment) - 2019    

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    Definition of collective dismissal (number of employees concerned):
    No statutory definition of collective dismissal (no number specified). The LPA only refers to termination of 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 thus making it necessary to reduce the number of employees.

    Prior consultations with trade unions (workers' representatives): No

    Notification to the public administration: Yes

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Priority rules for collective dismissals (social considerations, age, job tenure): No

    Employer's obligation to consider alternatives to dismissal (transfers, retraining...): No

    Priority rules for re-employment: No

    Severance pay and redundancy payment - 2019    

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    Severance pay:
    • tenure ≥ 6 months: 30 day(s)
    • tenure ≥ 9 months: 30 day(s)
    • tenure ≥ 1 year: 90 day(s)
    • tenure ≥ 2 years: 90 day(s)
    • tenure ≥ 4 years: 180 day(s)
    • tenure ≥ 10 years: 300 day(s)
    • tenure ≥ 20 years: 400 day(s)

    Redundancy payment: • See art. 122 LPA: In the event of termination for economic reasons (those listed in art. 121 LPA), an employee with at least 6 years of continuous service shall receive in addition to severance pay, a special compensation equal to 15 days' wages for every year of employment, with a maximum amount equal to 360 days' wages.
    With respect to this additional payment, a period of work of more than 180 days is counted as 1 full year of service.

    Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - 2019    

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    Compensation for unfair dismissal - free determination by court: Yes

    Reinstatement available: Yes

    Preliminary mandatory conciliation: Yes

    Competent court(s) / tribunal(s): labour court; administrative body

    Existing arbitration: No

    Source of additional information - 2019    

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    Links

    ILO Profile of National Legislation covering Termination of Employment (last updated in 2007) »