In today's globalized world, more and more companies are choosing to establish branches overseas to expand their business operations. This also means that overseas employers need to deal with various cultural differences and legal regulations. In Thailand, terminating and laying off employees is a complex issue that requires employers to understand relevant laws and regulations to avoid unnecessary legal risks.
I. Legal Regulations for Employee Termination in Thailand
The Thai Labor Law stipulates that employers can terminate employees under various circumstances, including employee violations of company rules, unexcused absenteeism, poor performance, company downsizing, and contract expiration. However, employers must follow legal procedures for termination and provide written notice.
In Thailand, employers are required to provide at least 30 days' written notice, which must clearly state the reasons for termination and mention the employee's right to request a hearing. If an employee requests a hearing, the employer must schedule it within 15 days and make a decision within 7 days after the hearing concludes.
If an employer fails to comply with legal termination procedures, employees have the right to file a complaint with the Labor Court. If the Labor Court deems the termination unlawful, the employer is required to pay compensation to the employee.
II. Legal Regulations for Employee Layoff in Thailand
According to Thai Labor Law, if an employee is laid off due to the company's deteriorating financial situation, the company must provide severance pay. The calculation is as follows: for employees with a service period of less than 120 months, one month's salary is paid; for employees with a service period exceeding 120 months, 1.5 months' salary is paid.
In case of a significant layoff, defined a slaying off more than 10 employees or over 10% of the company's total workforce, the company must notify the local labor department at least 60 days in advance and engage in negotiations with relevant labor unions. Failure to fulfill these obligations can result in the labor department ordering a halt to layoffs and imposing fines on the company.
III. Considerations for Employee Termination and Layoff in Thailand
1. Thai employees value their dignity and face; if a company does not follow legal termination or layoff procedures, employees may resort to social media attacks or media complaints. Therefore, when terminating or laying off employees, companies should ensure the protection of employees' dignity and privacy.
2. During the termination or layoff process, companies should consult with local lawyers and familiarize themselves with local culture and legal regulations.
3. The Thai government takes labor law violations seriously, and non-compliance with termination and layoff regulations may lead to fines or serious consequences such as revocation of business licenses.
4. Thailand has strict regulations regarding the employment of foreign workers. If a company needs to hire foreign employees, it must comply with relevant legal requirements.
In summary, when terminating or laying off employees, companies should understand local legal regulations and cultural differences and seek advice from local lawyers. Only by doing so can they avoid unnecessary legal risks and protect their reputation and interests.