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In Bangkok, Thailand, the hiring and firing legislations are primarily governed by the Thai Labor Protection Act (LPA). The LPA furnishes safeguards for both employers and employees, setting out guidelines for matters such as contract of work, wages, working hours, holidays, female and child employees, safety at work and termination of employment.
Navigating the complexities of hiring and firing laws can be challenging. You might need a lawyer in situations such as wrongful termination claims, drafting and understanding employment contracts, enforcement of employment rights, solving disputes arising from non-compete agreements, or matters related to racial, gender, or disability discrimination at workplace. A seasoned lawyer can offer you valuable advice, help protect your rights, and ensure you receive fair treatment under the law.
The key aspects of hiring and firing laws in Bangkok include the following: - For termination without any cause, the employer is required to give a notice period or pay in lieu of notice. - Severance pay is mandatory if an employee is terminated or let go without any wrongdoing. - An employer must follow specific procedures if termination is due to redundancy. - Discrimination during hiring or firing on grounds of race, gender, age, religion, or disability is prohibited.
1. Can my employer fire me without notice? Generally, an employer is required to provide a notice or pay in lieu of notice. However, in cases of serious misconduct, no notice is required.
2. Am I entitled to severance pay? Yes, unless you are terminated due to misconduct. The amount depends on the length of your service.
3. Do Thai labor laws apply to foreign workers? Yes, foreign employees are covered by Thai labor laws in most cases.
4. What can I do if I'm a victim of workplace discrimination? You can lodge a complaint with the Labor Court or seek legal advice.
5. Can an employer enforce a non-compete agreement? Yes, provided it doesn’t prevent the employee from earning a living and isn’t extended for longer than necessary.
You can consider reaching out to the Thai Labor Protection and Welfare Department for advice. In addition, the Thai Industrial Relations Committee can help with labor disputes. Legal Aid Center at the Lawyers' Council and various Non-Governmental Organizations regularly assist those in need of free legal services.
If you need legal assistance with hiring or firing in Bangkok, consider contacting a local lawyer who specializes in employment law. Ahead of your meeting, try to gather as much evidence as you can regarding your case: letters, emails, contracts, or other documentation. Equally, going through the Thai Labor Protection Act can familiarize you with your rights and obligations.