Best Hiring & Firing Lawyers in Bang Khen

About Hiring & Firing Law in Bang Khen, Thailand

Hiring and firing in Bang Khen follows national Thai labor laws. Bang Khen is a district of Bangkok, so employers and employees are governed primarily by the Labor Protection Act, the Labor Relations Act, the Social Security Act, the Occupational Safety, Health and Environment Act, and related ministerial regulations. Local enforcement is handled by Bangkok area offices of the Ministry of Labour, the Social Security Office, and the Labor Court located in Bangkok.

Thai law is protective of employees in key areas such as minimum wage, hours and overtime, leave, severance, termination procedures, and workplace safety. At the same time, employers retain the right to set job requirements, performance standards, and work rules so long as they comply with statutory rights.

Because most rules are national, what matters in Bang Khen is compliance with Bangkok specific minimum wage rates and the practical way local labor inspectors and the Labor Court apply the law. Contracts, policies, and terminations should always be documented in Thai, or in bilingual form, with the Thai text controlling if there is a conflict.

Why You May Need a Lawyer

Hiring and firing often seem straightforward, but disputes frequently arise over documentation, notice, severance, and lawful grounds for termination. A lawyer can help in situations such as:

- Drafting employment contracts and bilingual offer letters that comply with Thai law and Bangkok wage rules.

- Preparing or updating work rules required for employers with 10 or more staff, and filing them with the authorities.

- Managing probation, performance improvement plans, and lawful dismissals for cause.

- Planning workforce reductions, restructuring, or business relocation, including required notices and severance obligations.

- Negotiating settlements to avoid unfair termination claims, and handling mediation before the Labor Court.

- Advising on foreign employee hiring, work permits, and termination steps for expatriate staff.

- Ensuring PDPA compliant hiring practices, background checks with consent, and proper handling of employee data.

- Resolving wage, overtime, leave, and final pay disputes.

- Responding to labor inspector inquiries and workplace accident or harassment investigations.

- Conducting internal investigations and documenting misconduct in a way that stands up in court.

Local Laws Overview

Legal framework: Core laws include the Labor Protection Act B.E. 2541 and amendments, the Labor Relations Act B.E. 2518, the Social Security Act, the Occupational Safety, Health and Environment Act B.E. 2554, and the Personal Data Protection Act B.E. 2562. Foreign worker hiring is governed by the Royal Decree on Managing the Work of Aliens and related regulations.

Employment contracts: Thai law recognizes indefinite and fixed term contracts. Fixed term contracts are allowed only for work of a specific nature such as seasonal or project work and must state clear start and end dates and the objective reason. Repeated renewals can be treated as indefinite. Bilingual contracts are common. Where versions differ, the Thai version typically prevails.

Work rules and policies: Employers with 10 or more employees must have written work rules covering hours, leave, discipline, complaints, and other mandatory topics, post them at the workplace, and file them with the labor office. Keep signed acknowledgments from employees.

Hiring practices and PDPA: Collect only necessary personal data, tell applicants why you collect it, obtain consent for background checks where required, secure the data, and limit retention. Sensitive data such as health information requires heightened safeguards.

Equal treatment and harassment: Unlawful gender discrimination is prohibited under Thai law, including discrimination related to pregnancy. Employers must prevent sexual harassment at work and can face penalties for failing to do so.

Wages and minimum wage: Thailand sets provincial minimum wages. Bangkok has its own daily rate. Employers in Bang Khen must pay at least the applicable Bangkok minimum wage and comply with any updates announced by the Wage Committee and Ministry of Labour.

Working hours and overtime: Normal hours are generally up to 8 hours per day and 48 per week. Some hazardous work has a 7 hour limit per day. Overtime requires employee consent except in emergencies and must be paid at statutory premium rates. Employees are entitled to weekly rest at least 1 day per week after 6 consecutive working days.

Leave entitlements: Public holidays are at least 13 days per year as announced by the government. After 1 year of service, employees receive at least 6 days of annual leave. Sick leave is available as needed with up to 30 paid working days per year upon presenting a certificate for extended absences. Maternity leave is 98 days with at least 45 days paid by the employer. Other statutory leaves apply in specific situations such as military service, training, or sterilization.

Probation: Thai law does not define probation, but it is commonly 119 to 120 days. Employees on probation are protected by labor law. Severance is not owed if service is under 120 days, but proper notice or pay in lieu and payment of all earned wages and unused annual leave remain required.

Notice of termination: For indefinite contracts, either party can terminate with advance notice of at least one full wage payment period, but not exceeding 3 months, or pay in lieu of such notice. No advance notice is required for serious misconduct as defined by law.

Severance pay: Statutory severance depends on length of service if the termination is not for statutory cause. The tiers range from 30 days of last wages for 120 days to under 1 year of service, up to 400 days for 20 or more years of service. No severance is owed for serious misconduct such as dishonesty, intentional criminal acts against the employer, gross negligence causing serious loss, or serious violation of work rules after a valid written warning.

Final pay timeline: All wages, overtime, holiday pay, and payment for accrued and unused annual leave must be paid promptly, typically within a few days of termination in line with statutory requirements. Severance and pay in lieu of notice should be settled at termination.

Redundancy and business changes: If termination is due to improvements in production processes or the introduction of new technology causing layoffs, the employer must provide advance written notice to employees and the labor inspector and pay severance, with additional notice or payment in lieu for the special circumstance. If the employer temporarily suspends business wholly or partly, a partial wage must be paid during suspension. If the workplace relocates and employees are adversely affected, special notice and severance rules apply and employees may resign and claim severance.

Discipline and suspension: If an employer suspends an employee pending a disciplinary inquiry under its work rules, the employer must pay at least a portion of wages during suspension and issue a written suspension order stating the reasons and period. Serious misconduct can justify dismissal without severance, but the employer should maintain clear evidence.

Unfair termination: Even where statutory severance is paid, a dismissal may be found unfair by the Labor Court if there is no valid reason or the procedure is unjust. Remedies may include reinstatement with back pay or compensation. Strong documentation and consistent application of policies are critical.

Foreign employees: Employers must secure work permits and, where applicable, visas before a foreigner starts work and must promptly cancel them upon termination. Certain occupations are restricted for non Thai nationals. Penalties apply for illegal employment.

Social security and payroll: Employers must register employees with the Social Security Office, make monthly contributions at the statutory rate up to the applicable wage ceiling, and withhold personal income tax. Work injury compensation is administered through the Social Security Office framework.

Dispute resolution and enforcement: Employees can first complain to a labor inspector, who can mediate or order compliance. Claims can proceed to the Labor Court in Bangkok. Time limits can be short for some claims, so acting quickly is important.

Frequently Asked Questions

Do I need a written employment contract in Bang Khen?

A written contract is not strictly required by law for most employees, but it is strongly recommended. For fixed term roles and specific conditions such as non compete, confidentiality, variable pay, and schedules, a written and signed bilingual contract helps avoid disputes.

Can I use probation to dismiss without any obligations?

No. Probation does not remove statutory rights. If service is under 120 days, statutory severance may not be owed, but you still must give proper notice or pay in lieu, and you must pay all earned wages and any accrued annual leave. Dismissal must not be discriminatory or retaliatory.

What counts as lawful cause for dismissal without severance?

Thai law lists specific causes such as dishonesty, intentional criminal acts against the employer, serious violation of work rules after a valid written warning within the prior year, gross negligence causing serious damage, and unjustified absence for 3 consecutive working days. Employers should gather clear evidence and follow fair procedures.

How much notice must be given before termination?

For indefinite contracts, at least one full wage payment period of notice is required, not exceeding 3 months, unless you pay in lieu of notice. No notice is required for statutory serious misconduct.

How is severance pay calculated?

Severance depends on continuous service length and last wage rate. The tiers run from 30 days of last wages for 120 days to under 1 year of service, up to 400 days for 20 or more years. Termination for statutory serious cause does not require severance.

What is the minimum wage in Bang Khen?

Bang Khen follows the Bangkok provincial minimum wage set by the Wage Committee and Ministry of Labour. The exact daily rate can change. Employers must monitor official announcements and adjust payroll promptly.

Can I hire foreign employees in Bang Khen?

Yes, but a valid work permit and appropriate visa are required before work begins. Some occupations are restricted for foreigners. Employers must report employment, keep records, and cancel the permit upon termination.

What leave must employers provide?

At least 13 public holidays per year, sick leave with pay up to 30 working days, at least 6 days of annual leave after 1 year of service, and 98 days of maternity leave with at least 45 days paid by the employer. Other specific leaves apply by law or company policy.

What should I do if I believe I was unfairly dismissed?

Collect your documents such as contract, pay slips, performance reviews, warnings, and termination letter. Seek advice quickly. You can complain to a labor inspector or file a claim with the Labor Court. Some claims have short deadlines, so act promptly.

Are work rules required for small businesses?

If you have 10 or more employees, written work rules are mandatory. Even below that threshold, clear written policies help demonstrate fair treatment and reduce risk in any termination.

Additional Resources

Ministry of Labour - Department of Labour Protection and Welfare: Provides guidance on wages, hours, leave, severance, work rules, and enforcement. Bangkok area offices handle inspections and complaints for Bang Khen.

Ministry of Labour - Department of Employment: Oversees work permits and employment of foreign nationals, including employer registration and post termination cancellations.

Social Security Office: Handles employee and employer registration, monthly contributions, benefits, work injury coverage, and certificates of contributions.

Central Labour Court in Bangkok: Hears employment disputes including unfair dismissal, wage claims, and severance disputes. Offers mediation and adjudication.

Office of the Personal Data Protection Committee: Issues guidance on handling employee and applicant data under the PDPA.

Bangkok Metropolitan Administration and District Office services: Practical assistance with company registrations, signage permits, and local compliance that may affect hiring and workplace operations.

Legal aid and labor support organizations: Various non governmental groups assist workers with advice and referrals. Employers can consult business associations for compliance updates.

Next Steps

Clarify your goal: Whether you are hiring, restructuring, or addressing a disciplinary issue, write down the objectives, timelines, and potential impacts on staff.

Gather documents: Contracts, offer letters, work rules, company policies, time records, payroll and overtime records, performance reviews, warnings, and any correspondence. Keep copies in Thai and English if available.

Assess legal requirements: Check Bangkok minimum wage, hours and overtime, leave balances, notice periods, severance obligations, special notice rules for redundancies or relocation, and any work permit steps for foreign staff.

Plan the process: For termination, prepare a clear reason, meeting script, termination letter in Thai, calculation sheet for final pay, severance, and pay in lieu of notice if applicable. Decide on the termination date and who will witness the meeting.

Consider settlement and risk: Evaluate the risk of an unfair termination claim and consider offering an ex gratia settlement with a Thai law release agreement, translated as needed, and with proper payment evidence.

Consult a lawyer: A local employment lawyer can stress test your plan, align documents with Thai law, and represent you in negotiations or before the Labor Court. Employees should seek advice on rights, timelines, and realistic remedies.

Engage authorities when appropriate: If you are an employee with an unpaid wage or severance claim, you can file a complaint with the labor inspector in Bangkok. Employers should respond promptly to any inspector inquiry.

Implement and follow up: For hires, issue compliant contracts, register new employees with social security, and complete onboarding. For terminations, pay all amounts on time, retrieve company property, cancel system access, and close out social security and work permit obligations where applicable.

Keep records: Maintain organized files for at least the statutory periods. Accurate records often decide disputes in your favor.

Important note: This guide is general information, not legal advice. Laws and rates change and facts matter. For reliable guidance in Bang Khen, consult a qualified Thai employment lawyer or the relevant government office before taking action.