Best Hiring & Firing Lawyers in Bang Khen

About Hiring & Firing Law in Bang Khen, Thailand

Bang Khen is a district within Bangkok, so hiring and firing in Bang Khen is governed by nationwide Thai labor laws, mainly the Labour Protection Act, the Labor Relations Act, the Social Security Act, and related regulations. Bangkok authorities enforce these rules through local area offices of the Ministry of Labour and the labour courts in the capital. Employers must observe statutory rules on wages, working hours, leave, termination procedures, and severance. Employees benefit from minimum protections that cannot be waived by contract. Foreign worker rules, data protection for applicants and employees, and workplace safety standards also apply.

In practice, most disputes in Bang Khen arise from probation terminations, performance dismissals without adequate process, overtime and leave calculations, mass redundancies, and the use of fixed-term contracts. Because Thai law is protective of employees and strictly regulates notice and severance, both employers and workers should understand the legal framework before making important employment decisions.

Why You May Need a Lawyer

You may need a lawyer if you are hiring staff and want compliant contracts and work rules. Clear employment agreements, policy handbooks, and privacy notices help prevent disputes and regulatory penalties.

You may need legal help if you plan to terminate an employee, restructure roles, or reduce headcount. A lawyer can assess whether cause exists under law, calculate severance, draft compliant notices, and reduce litigation risk. If you are an employee facing dismissal, a lawyer can review whether you are entitled to severance, notice pay, unused leave pay, or unfair dismissal compensation, and can represent you before the Labour Inspector or Labour Court.

Legal support is also important if you hire foreign nationals, implement non-compete clauses, perform background checks, transfer employees during a business sale, change pay or benefits, or handle sensitive complaints such as harassment. Counsel can align your practices with Thai labor, immigration, and data protection requirements.

Local Laws Overview

Key statutes. The Labour Protection Act sets minimum standards for wages, working time, leave, termination, and severance. The Labor Relations Act regulates unions and collective bargaining. The Social Security Act governs social security contributions and benefits. The Workmen’s Compensation Fund law covers work injuries. The Occupational Safety, Health, and Environment Act sets safety obligations. The Personal Data Protection Act governs handling of applicant and employee data. Foreign worker hiring is regulated by the Emergency Decree on Management of Foreign Workers.

Employment contracts and work rules. Written contracts are recommended for all employees and are essential for fixed-term engagements. Employers with 10 or more employees must issue written work rules in Thai, post them at the workplace, and file them with the Department of Labour Protection and Welfare. Payroll and attendance records must be kept and produced upon inspection.

Wages and hours. Minimum wage in Bangkok is set by the Ministry of Labour and is reviewed periodically. Employers must check the current Bangkok rate. Standard working time is generally up to 8 hours per day and 48 hours per week for non-hazardous work, with lower daily and weekly limits for hazardous work. Overtime requires employee consent in most cases and must be paid at statutory premium rates. Employees are entitled to government-designated public holidays and at least 13 days per year.

Leave. After 1 full year of service, employees receive at least 6 days of paid annual leave. Sick leave is available as needed, with pay for up to 30 working days per year. Necessary business leave of at least 3 paid days per year must be provided. Maternity leave is 98 days total, with part paid by the employer and part supported through social security. Additional leaves can be granted by policy or contract.

Probation. Thai law does not define probation, but a common practice is 119 days to avoid the 120-day severance threshold. Even during probation, employers must follow notice rules or pay in lieu. Anti-discrimination and harassment rules still apply.

Termination and severance. For indefinite contracts, employers must provide written notice at least one full pay period in advance, not exceeding three months, or pay in lieu of notice. Statutory severance depends on length of service, from 30 days of wages for 120 days to less than 1 year, to a maximum of 400 days of wages for 20 years or more. No severance is owed for certain serious misconduct defined by law. Termination payments include unpaid wages, unused annual leave pay, and any other owed compensation. Final payment is due promptly after termination, typically within three days.

Fixed-term contracts. True fixed-term contracts for specific projects or seasonal work may end on the stated date without severance if they meet strict criteria and do not cover work that is part of the regular business. If the arrangement does not meet those criteria or the employee continues beyond the term, severance may be due.

Mass redundancies and restructuring. Special rules apply when terminating employees due to reorganization or introduction of machinery or technology. Employers may need to notify the Labour Inspector in advance and pay additional special severance. Relocation of a workplace can also trigger special employee rights. Legal advice is recommended before implementing workforce reductions in Bangkok.

Unfair dismissal. Employees can file claims at the Labour Court if dismissal is without valid reason or in bad faith. The court may award unfair dismissal damages in addition to statutory severance, considering tenure, age, and circumstances.

Foreign employees. Foreign nationals require the correct visa and a work permit tied to the employer and job position. Some occupations are reserved for Thai nationals. Employer to foreigner ratios and capital requirements may apply unless an exemption is granted. Non-compliance risks fines and criminal penalties.

Data protection. Employers must handle applicant and employee data under the Personal Data Protection Act. Provide a privacy notice, identify lawful bases for processing, obtain consent where required, protect data with appropriate security measures, and follow rules for cross-border transfers.

Persons with disabilities and young workers. Medium to large employers have hiring or fund contribution duties under the Persons with Disabilities Empowerment law. Special protections apply to employees under 18, including restrictions on hazardous work and requirements to notify labour authorities when employing minors.

Frequently Asked Questions

Do I need a written employment contract in Bang Khen

Thai law does not require a written contract for indefinite employment, but a written agreement in Thai or bilingual format is strongly recommended to define role, pay, benefits, probation, working hours, confidentiality, and termination terms. Fixed-term contracts should always be in writing and carefully structured to meet legal criteria.

What notice must an employer give before termination

For indefinite contracts, at least one full pay period of notice is required, not exceeding three months, unless the employer pays wages in lieu of notice. No notice is required if the employee committed serious misconduct as defined by law. Contract terms cannot reduce these statutory rights.

How is severance calculated

Severance depends on continuous service length. It ranges from 30 days of wages for 120 days to less than 1 year of service, up to 400 days for 20 years or more. Severance is not due if termination is for specific serious causes. Unused annual leave and any other earned amounts must also be paid.

Can I terminate during probation without paying anything

Even during probation, you must give proper notice or pay in lieu, and you may owe accrued wages and benefits. If the employee has reached 120 days of service, statutory severance may also be due unless there is a legally valid serious cause for dismissal.

What counts as serious cause for dismissal without severance

Examples include dishonest performance of duties, intentional criminal acts against the employer, serious negligence causing major damage, repeated violation of written work rules after a warning, absence without just cause for three consecutive working days, or imprisonment in certain circumstances. The facts must be carefully assessed and documented.

Are non-compete clauses enforceable in Thailand

They can be enforceable if reasonable in duration, geography, and scope, and if they protect legitimate business interests. Overbroad restrictions are unlikely to be upheld. Consider narrower non-solicitation and confidentiality terms as alternatives or complements.

What happens if my company relocates or restructures

Relocation or technology-driven restructuring may trigger additional notice obligations to authorities and special severance for affected employees. If employees decline relocation that materially impacts them, they may have rights to compensation. Obtain legal advice before taking action.

How do overtime and working hours work in Bangkok

Standard limits apply nationwide. Most overtime requires employee consent and must be paid at statutory premium rates. Keep accurate time records. For hazardous work, the daily and weekly limits are lower. Employers must also provide weekly rest days and pay for work on holidays at higher rates.

What should I know about hiring foreign employees in Bang Khen

Foreigners need the correct non-immigrant visa and a work permit for the specific role and location. Some occupations are reserved for Thai nationals. Employer eligibility, ratios, and capital requirements may apply. Employers must report changes and keep the permit up to date.

How are employee data and background checks regulated

The Personal Data Protection Act requires a privacy notice, a lawful basis for processing, and appropriate security. Obtain consent for background checks where needed, collect only proportionate information, and avoid discrimination. Special rules apply to transferring data overseas.

Additional Resources

Department of Labour Protection and Welfare, Bangkok area offices. These offices handle work rule registration, wage and hour complaints, inspections, and guidance on termination and severance. They are the frontline authority for most employment issues in Bang Khen.

Central Labour Court in Bangkok. This court hears unfair dismissal claims, wage claims, and other employment disputes for Bangkok districts including Bang Khen.

Social Security Office, Bangkok. Provides information and services on social security registration, contributions, maternity and sickness benefits, unemployment benefits, and employer compliance.

Department of Employment, Ministry of Labour. Handles work permits, foreign worker management, and occupation controls for non-Thai workers.

Office of the Personal Data Protection Committee. Issues guidance on the Personal Data Protection Act, including employer obligations for applicant and employee data.

Occupational Safety, Health, and Environment Bureau. Provides guidance on workplace safety standards, risk assessments, and compliance for factories, warehouses, and offices.

Next Steps

Clarify your goal. If you are hiring, list positions, job descriptions, pay ranges, and whether roles are indefinite or fixed-term. If you are considering termination, identify the reason, the employee’s start date, last pay date, and any prior warnings or performance records.

Collect documents. Gather contracts, addenda, work rules, time sheets, payroll records, leave records, warnings, performance reviews, and any complaint or investigation files. Accurate records are critical under Thai law.

Run a legal checklist. Confirm minimum wage compliance for Bangkok, working hours and overtime practices, leave entitlements, social security registration, PDPA notices and consent forms, and work permit status for any foreign staff. For termination, calculate notice, severance, unused leave pay, and the timeline for final payments.

Plan communications. Prepare clear written notices in Thai, schedule handover of company property, and be ready to issue a certificate of employment upon request. Maintain respectful, documented communications to reduce dispute risks.

Consult a lawyer. A local employment lawyer familiar with Bangkok practice can validate your calculations, structure a compliant process, and represent you before the Labour Inspector or the Labour Court if needed. Early advice usually prevents larger problems.

Follow up and improve. After resolving an issue, update contracts, policies, and training for managers and HR. Regular compliance audits in Bang Khen can prevent wage and hour problems, PDPA violations, and costly dismissal disputes.

This guide is general information and not legal advice. For a specific situation in Bang Khen, consult a qualified Thai employment lawyer or the relevant Bangkok labour authorities.