Best Wrongful Termination Lawyers in Bang Khen

About Wrongful Termination Law in Bang Khen, Thailand

Wrongful termination in Thailand refers to ending an employment relationship in a way that violates the Labor Protection Act, the Labor Relations Act, or general principles of fairness recognized by the Labor Court. Because Bang Khen is a district of Bangkok, cases from Bang Khen are handled under national Thai labor law and usually proceed through the Bangkok labor authorities and the Central Labour Court.

Common wrongful termination issues include failure to pay statutory severance, lack of proper advance notice or payment in lieu, dismissal for prohibited reasons such as pregnancy or union activity, and dismissals that the court finds unfair because they lack a valid and proportionate cause. If a termination is deemed unfair, the court can order reinstatement with back pay or award compensation in lieu of reinstatement.

Thai law protects employees regardless of whether they are Thai nationals or foreign workers, as long as the employment took place in Thailand. Work rules, written contracts, and company policies can add rights but cannot reduce rights guaranteed by law.

Why You May Need a Lawyer

You may need a lawyer if you were let go without receiving the severance pay you believe you are owed. A lawyer can calculate the correct amount based on your length of service and your last wage, and demand payment or file a claim.

If you were terminated without advance notice or payment in lieu, legal advice can help you determine whether the employer complied with the law. Thailand generally requires at least one pay period of notice for indefinite contracts unless there is a serious cause recognized by law.

If your dismissal followed pregnancy, a complaint to the labor authorities, safety concerns, union activities, or refusal to relocate under materially adverse conditions, you should consult a lawyer. These situations can involve prohibited or unfair reasons for dismissal.

When your employer cites misconduct or poor performance to deny severance, a lawyer can assess whether the alleged cause meets the strict legal standards for dismissal without severance and advise on evidence and strategy.

For collective or redundancy-related layoffs, counsel can check compliance with special notice and compensation rules, including any extra payments due for lack of proper advance notice to authorities.

Foreign employees and executives often have complex contracts with non-compete, confidentiality, or bonus provisions. A lawyer can interpret these clauses under Thai law, negotiate exit terms, and protect your immigration and work permit status during transition.

If negotiations stall, an attorney can represent you before the Bangkok Labour Protection and Welfare Office and the Central Labour Court, where procedural rules and deadlines are strict.

Local Laws Overview

The Labor Protection Act sets minimum standards for termination, notice, and severance nationwide, including Bang Khen. For indefinite-term employment, an employer must give advance notice of at least one pay period, or pay in lieu of notice, unless there is a legally recognized serious cause such as intentional misconduct, dishonesty related to duties, gross negligence causing serious damage, serious violations of work rules after a warning, prolonged absence without permission, or imprisonment by final judgment for certain offenses. Employers cannot extend notice beyond three months even if internal policies say otherwise.

Statutory severance pay is based on continuous service. As of the most recent amendments, employees are entitled to severance once they have worked at least 120 days, with tiers that increase with service length. Employees with 20 years or more of service are entitled to the highest tier. Severance is calculated using the last wage rate and must be paid promptly upon termination, together with any accrued wages, overtime, unused annual leave pay, and other statutory monies.

Dismissal for prohibited or unfair reasons can trigger remedies beyond severance. It is unlawful to terminate because an employee is pregnant, has filed a complaint with the labor authorities, has participated in lawful union activities, or has exercised legal rights. Under labor court practice, a termination that lacks a fair and proportionate reason, or that is punitive beyond what the conduct merits, can be declared unfair. The court may order reinstatement with back pay, or if reinstatement is inappropriate, award special compensation based on the employee’s wage and years of service.

For layoffs related to business restructuring, automation, or relocation that materially affects employees, special rules can apply. Employers may have to provide prior written notice to employees and to the labor inspector within specified timeframes, and may owe additional compensation if proper advance notice was not provided. Employees who choose not to relocate when a move materially affects them may be entitled to special severance.

Fixed-term contracts are allowed only in specific circumstances. If a fixed term is used for the employer’s normal ongoing business or is structured to evade severance, the law may treat the contract as indefinite, making severance payable when it ends. Conversely, when a lawful fixed-term contract ends at its agreed expiry in a qualifying temporary project, severance may not be required.

Bang Khen workers start claims locally through the Bangkok Labour Protection and Welfare Office that covers the district. Labor inspectors can mediate and issue orders for statutory payments. Unresolved disputes and unfair termination claims can be filed with the Central Labour Court in Bangkok, which has authority to order reinstatement or award damages.

Limitation periods apply. Claims for statutory payments such as unpaid wages and severance are generally subject to time limits that can extend up to two years, while certain unfair termination remedies can have shorter deadlines counted in months. Because timelines vary, act quickly and confirm the applicable period for your case with a lawyer or a labor officer.

Frequently Asked Questions

What counts as wrongful or unfair termination in Thailand?

Termination is wrongful when it violates statutory rights such as severance or notice, or when it is based on prohibited reasons like pregnancy or union activity. It can be unfair when the employer lacks a valid and proportionate reason or uses excessive punishment. The Labor Court decides fairness on a case-by-case basis, considering the employee’s conduct, length of service, and the employer’s response.

How much severance pay am I entitled to?

Severance depends on continuous service, with tiers that increase with seniority. Employees with at least 120 days of service receive the first tier, and the highest tier applies at 20 years or more. The calculation uses your last wage rate. In addition to severance, you should receive any accrued wages, overtime, and pay for unused annual leave. A lawyer or labor officer can compute the exact amount.

Do I still get severance during probation?

Thai law does not create a special probation category. Employees under probation are protected by the same termination rules. If you have worked less than 120 days, severance is not due, but the employer still must give proper notice or pay in lieu unless there is a serious legal cause for immediate dismissal.

Can my employer dismiss me without notice?

Immediate dismissal without notice is lawful only for serious causes specified by law, such as intentional dishonesty related to duties or serious damage from gross negligence. Disagreements, minor mistakes, or poor performance typically do not qualify. If serious cause is not proven, the employer must provide at least one pay period of notice or pay in lieu.

What if I was on a fixed-term contract?

If your fixed-term contract is genuinely for a specific temporary project with a defined end date, it may end on expiry without severance. If the work was part of the employer’s regular ongoing business or the term was used to avoid severance, the law may treat it as an indefinite contract, making severance and notice rules apply.

Can I be fired because I am pregnant or took maternity leave?

No. Termination because of pregnancy is prohibited. If you were dismissed due to pregnancy or related leave, you can challenge the termination and seek remedies including reinstatement, back pay, or damages. Keep medical certificates and any communications about your leave.

What remedies can the Labor Court grant for unfair termination?

The court can order reinstatement with back pay and maintenance of seniority and benefits. If reinstatement is inappropriate, for example due to a breakdown of trust or business changes, the court may award compensation instead, often based on your wage and years of service, in addition to statutory payments like severance.

How do I start a claim if I live or worked in Bang Khen?

Collect your documents and file a complaint with the Bangkok Labour Protection and Welfare Office that serves Bang Khen. A labor inspector will mediate and may issue an order for statutory payments. If the matter concerns unfair termination or the employer disputes the order, the case can proceed to the Central Labour Court in Bangkok.

Are there deadlines to file a claim?

Yes. Different claims have different limitation periods. Statutory payment claims such as severance and unpaid wages commonly allow up to two years, while certain unfair termination claims can have shorter deadlines counted in months. To protect your rights, consult a labor officer or lawyer immediately and aim to take action within weeks of termination.

Can I receive unemployment benefits after dismissal?

If you are insured under Thailand’s Social Security system, you may be eligible for unemployment benefits after dismissal, paid as a percentage of your insured wage for a limited period. Benefits are lower and shorter if you resign voluntarily. Contact the Social Security Office or the Ministry of Labour hotline for current rates and filing steps.

Additional Resources

Bangkok Labour Protection and Welfare Offices handle wage, severance, and notice disputes for workers in Bang Khen. You can visit the area office that covers your district to file a complaint or request mediation.

Central Labour Court in Bangkok hears unfair termination cases and appeals from labor inspector orders. Court officers can explain filing procedures and schedules.

Department of Labour Protection and Welfare under the Ministry of Labour provides guidance on severance, notice, work rules, and complaint processes. The Ministry of Labour hotline 1506 offers information in Thai and can route you to the correct office.

Social Security Office provides unemployment benefits and other insured worker benefits. You can contact the SSO through the Ministry of Labour hotline 1506 or at a local SSO branch to check eligibility and claim documents.

Lawyers Council of Thailand Legal Aid Centers and university legal clinics in Bangkok may offer low-cost or pro bono advice for eligible individuals. Ask about assistance with labor disputes and court representation.

Next Steps

Write down a timeline of events including hiring date, job title, salary, promotions, warnings, and the date and circumstances of termination. Keep a copy of your contract, work rules, pay slips, attendance records, annual leave records, termination letter, and any emails or messages related to your dismissal or performance.

Calculate what you might be owed. Estimate severance based on your service length, plus unpaid wages, pay for unused annual leave, and payment in lieu of notice if no valid serious cause existed. A lawyer or labor officer can verify calculations.

Contact the Bangkok Labour Protection and Welfare Office serving Bang Khen to file a complaint. Mediation is common and often resolves claims quickly. If mediation fails or if you are seeking reinstatement or a fairness ruling, prepare to file a claim with the Central Labour Court.

Consult a labor lawyer early. Ask about strategy, evidence, expected timelines, and costs. Many employee claims have low or waived court fees, but professional advice can improve outcomes and reduce delays. If Thai is not your first language, consider bringing a trusted Thai speaker or interpreter to important meetings.

Protect your position. Do not sign any settlement or resignation documents unless you fully understand the terms. Avoid public accusations that could lead to defamation risk. Continue to look for new employment and, if insured, apply for Social Security unemployment benefits promptly.

Act quickly. Some rights are lost if you miss deadlines. Taking steps within days or weeks after termination helps preserve evidence, strengthens negotiations, and ensures you meet any time limits that apply to your case.