Employment contracts and Thai labour law

Section 118 of the Labour Protection Act B.E. 2541 sets severance by length of service: 30 days' wages after 120 days but under 1 year; 90 days after 1 but under 3 years; 180 days after 3 but under 6 years; 240 days after 6 but under 10 years; 300 days after 10 but under 20 years; and 400 days at 20 years or more. Severance is separate from payment in lieu of advance notice.

Section 119 lists the exceptions: dishonesty in the performance of duties or an intentional criminal offence against the employer; wilfully causing damage; gross negligence causing serious damage; violating lawful work rules after a written warning; three consecutive working days of absence without reasonable cause; and imprisonment under a final judgment. The ground must be stated in the termination letter, otherwise the employer cannot rely on it later.

Yes. The Labour Protection Act protects employees working in the Kingdom regardless of nationality, so minimum wage, holidays, overtime and severance apply equally. Separately, the work must be covered by a valid work permit and the employer must notify the Department of Employment when employment ends. A defect in the employment paperwork does not extinguish the employee's severance claim.

Labour cases are exempt from court fees under the Act on Establishment of and Procedure for Labour Court B.E. 2522, so an employee can file without paying a filing fee. The Labour Court leads with conciliation, and settled cases often close within a few hearings; fully contested cases take longer depending on each court's caseload. An alternative route is a complaint to the local labour inspector.

A limited company is a separate juristic person, but directors can be personally liable: acting outside the authority stated in the company affidavit; breaching duties under the Civil and Commercial Code provisions on agency and companies; liabilities that tax and labour statutes impose on the representative of a juristic person; and signing personal guarantees. Before accepting a directorship, confirm the signing authority and the scope of exposure.

Legally employed foreigners enjoy the same labour protection as Thais, including severance pay by length of service, payment in lieu of notice, and a claim for unfair dismissal in the Labour Court, which charges no court fees. The catch is that the work permit is tied to the employer, so once employment ends there is a limited window to change employer or immigration status — both tracks must be handled together.

A passport belongs to the issuing state and stays in the holder's possession; a private party has no legal power to retain it as leverage. Send a written demand, keep records of all contact, and if it is still withheld, file a police report and notify your embassy. Where it is linked to forced labour, considerably more serious criminal offences may apply.

For permanent residence and citizenship applications, employment with governments and foreign financial institutions, adoption, and professional licensing. Applicants in Thailand apply to the Royal Thai Police forensic science centre; foreign certificates must be certified in the issuing country and then translated and certified in Thailand. Check the accepted age, commonly three to six months.