Best Job Discrimination Lawyers in Bang Khen
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Find a Lawyer in Bang KhenAbout Job Discrimination Law in Bang Khen, Thailand
Job discrimination happens when a worker or job applicant is treated unfairly because of who they are rather than how they perform. It can show up in hiring, pay, training, job assignments, promotion, discipline, termination, or through harassment that creates a hostile workplace. In Bang Khen, a district of Bangkok, the same national Thai laws apply as everywhere in Thailand. Complaints are usually handled first by local labour authorities in Bangkok and, if needed, by the Labour Court in Bangkok.
Thailand does not have a single, all purpose anti discrimination employment law. Instead, protections are spread across several laws that cover gender, pregnancy, disability, union activity, equal pay, sexual harassment, and related rights. Understanding which law fits your specific situation is important because the process, remedies, and deadlines may differ.
Why You May Need a Lawyer
A lawyer can help you figure out if the conduct you faced is illegal under Thai law, which documents to collect, and where to file your complaint. Many people seek legal help when they are unfairly denied a job or promotion, paid less than co workers doing the same work, sexually harassed, pushed out after becoming pregnant, treated unfairly because of a disability, or punished for union activity or for reporting wrongdoing.
Legal counsel can negotiate with your employer, guide you through filing with the Bangkok labour office or the gender discrimination committee, and represent you in the Labour Court. A lawyer can also help you avoid common mistakes, like missing a filing deadline, resigning too quickly, or signing a settlement that waives your rights without fair compensation. If you are a foreign worker, a lawyer can help you protect both your labour rights and your immigration status.
Local Laws Overview
Constitution of the Kingdom of Thailand. The Constitution protects equality and prohibits unjust discrimination. Courts and agencies consider these principles when applying labour laws.
Labour Protection Act B.E. 2541 1998 and amendments. Key workplace standards apply in Bang Khen and nationwide. Employers must pay men and women equal wages for the same work of the same value. Sexual harassment is prohibited, and employers must prevent it. Termination due to pregnancy is unlawful. Maternity leave is at least 98 days, with a portion paid by the employer, and additional benefits may be available through the Social Security Fund. Labour inspectors can order compliance and unpaid wages, and disputes can proceed to the Labour Court if not resolved.
Gender Equality Act B.E. 2558 2015. Prohibits unfair gender discrimination, including discrimination based on sex, pregnancy, childbirth, gender identity, and gender expression. A special committee considers complaints and can order corrective measures and compensation. Certain narrow exceptions apply for public order, religious principles, or safety where necessary.
Persons with Disabilities Empowerment Act B.E. 2550 2007 and amendments. Employers over a certain size must employ persons with disabilities under a quota system or make an alternative contribution. Discriminatory refusal to hire or failure to provide reasonable arrangements can lead to orders and penalties by the responsible authorities.
Labour Relations Act B.E. 2518 1975. Protects employees from anti union discrimination, such as punishment for joining unions, organizing, or participating in lawful collective activities. Unfair labour practices can result in reinstatement and compensation orders.
Occupational Safety, Health and Environment Act B.E. 2554 2011. Requires a safe and healthy workplace. Employers must manage risks, including those arising from harassment or violence at work where safety is affected.
Thai Penal Code and related laws. Severe harassment and assault may be criminal offenses. Victims may pursue both criminal complaints and employment remedies.
Personal Data Protection Act B.E. 2562 2019. Governs handling of job applicants and employee personal data. Over collection or misuse of sensitive data during hiring or employment can be unlawful.
Social Security Act B.E. 2533 1990 and amendments. Provides benefits such as maternity benefits, sickness, injury, disability, unemployment, and death benefits for insured persons, which can support workers affected by discriminatory job loss or health impacts.
Local enforcement in Bang Khen. The Department of Labour Protection and Welfare operates Bangkok area offices that accept complaints, mediate disputes, and issue orders. Most Bangkok employment cases are heard at the Central Labour Court. Many matters can be settled through mediation before litigation.
Frequently Asked Questions
What counts as job discrimination under Thai law
It is unfair treatment connected to protected characteristics or activities, such as sex or gender, pregnancy, disability, or union involvement. Examples include refusing to hire a pregnant applicant, paying a woman less than a man for the same work, denying reasonable arrangements to a worker with a disability, or punishing an employee for joining a union. Persistent harassment that targets someone because of these traits can also be discrimination.
Is pregnancy discrimination illegal in Thailand
Yes. Under the Labour Protection Act and the Gender Equality Act, employers cannot terminate or treat an employee unfairly due to pregnancy or childbirth. Pregnant employees are entitled to maternity leave and protection against retaliation for using their rights.
Are employers required to pay equal wages to men and women
Yes. Employers must pay men and women equal wages for the same work of the same value. If you perform substantially the same duties with the same value but are paid less because of your sex, you may claim the difference and seek other remedies.
What should I do if I am sexually harassed at work
Record what happened, when, and who was involved. Save messages, emails, or other proof. Report it through your employer’s complaint channels if safe to do so. You can also file a complaint with the Bangkok area labour office. Severe harassment may be a criminal matter, so you may also report to the police. A lawyer can help you choose the best path and protect you from retaliation.
Can I be fired for filing a complaint or talking to a union
No. Retaliation for lawful complaints, cooperation with labour authorities, or union activity can be unlawful. Under the Labour Relations Act, anti union retaliation is an unfair labour practice. You can seek reinstatement, back pay, and other remedies.
How do I start a complaint in Bang Khen
You can contact the Bangkok area office of the Department of Labour Protection and Welfare to lodge a complaint. For gender based discrimination, you can also complain to the Committee on Consideration of Unfair Gender Discrimination under the Ministry of Social Development and Human Security. If the matter does not resolve, you can bring a case in the Labour Court. A lawyer can help you choose the right forum and file within the correct deadlines.
What remedies can I get
Available remedies depend on the law used. They can include orders to stop the discriminatory conduct, payment of unpaid wages or equal pay adjustments, reinstatement to your job, severance and damages for unfair termination, and in some cases compensation for harm. Administrative fines or corrective orders may also be imposed on the employer.
I am a foreign worker - do these protections apply to me
Yes. Most Thai labour protections apply to all employees in Thailand, regardless of nationality or work permit status. Your immigration status can be affected by job loss, so seek legal advice promptly to protect both your labour rights and your visa or work permit.
What evidence should I collect
Keep job ads, interview notes, offer letters, contracts, handbooks, pay slips, performance reviews, schedules, emails, chat messages, and photos. Write a timeline of events with dates, names, and witnesses. Save any medical records related to stress or injury from harassment. Do not remove confidential company documents beyond what the law allows. A lawyer can advise on safe evidence gathering.
How long do cases take and what do they cost
Mediation at a labour office can resolve some cases in weeks or a few months. Court cases may take longer, depending on complexity and evidence. Costs vary by lawyer and case type. Some government processes are free or low cost, and legal aid may be available. Ask early about fees, timelines, and chances of settlement.
Additional Resources
Department of Labour Protection and Welfare Bangkok area labour offices that receive complaints, inspect workplaces, and mediate pay and discrimination disputes.
Central Labour Court Bangkok court that hears most employment cases arising in Bang Khen and the Bangkok area.
Office of Labour Relations Labour Relations Committee that handles unfair labour practice and union related complaints.
Committee on Consideration of Unfair Gender Discrimination under the Department of Women Affairs and Family Development for gender, pregnancy, and gender identity or expression cases.
Department of Empowerment of Persons with Disabilities for disability employment rights, quota compliance, and remedies.
Social Security Office for maternity, sickness, unemployment, disability, and related benefits.
National Human Rights Commission of Thailand for human rights based complaints and guidance.
Lawyers Council Under the Royal Patronage legal aid center Bangkok for low cost or free legal assistance depending on eligibility.
University legal clinics in Bangkok, such as law school clinics that may offer consultation or referrals.
Next Steps
Write down what happened. Make a timeline, list witnesses, and gather documents like contracts, pay slips, emails, and messages. Keep everything in a safe place outside your workplace.
Protect your health and safety. If harassment or threats continue, seek help from trusted colleagues, family, or authorities. Consider medical or counseling support if needed.
Use internal channels if safe. Report to HR or management using your company’s procedures. Be concise, factual, and keep copies of what you submit.
Seek legal advice early. A labour lawyer in Bangkok can assess your case, explain which law applies, and advise on the best forum and deadlines. Ask about costs and potential outcomes.
Contact the appropriate authority. For pay, harassment, or termination issues, contact the Bangkok area labour office. For gender based discrimination, consider the gender discrimination committee. For union retaliation, contact the labour relations authorities.
Consider mediation and settlement. Many disputes resolve through mediation with the labour office or through lawyer led negotiation. Do not sign a settlement you do not understand. Request Thai and English versions if needed.
Do not resign hastily. Resignation can affect your rights to severance, unemployment benefits, or reinstatement. Get advice before making this decision.
Act promptly. Some procedures have short deadlines. Early action improves your chances of protecting your rights and gathering strong evidence.
This guide is for general information. For advice on your situation in Bang Khen, consult a qualified Thai labour lawyer or the relevant government office.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.