Best Wrongful Termination Lawyers in Bang Khen

About Wrongful Termination Law in Bang Khen, Thailand

Wrongful termination in Thailand generally refers to two related ideas. First, dismissal that violates the Labor Protection Act or other applicable laws, such as failure to provide legally required notice or severance, or termination for prohibited reasons. Second, unfair termination, known in Thai as leerk-jang mai pen-tham or leerk-jang mai chop duay kotmai, which allows an employee to ask the Labor Court to order reinstatement or compensation when the dismissal is considered unfair in the circumstances. Bang Khen is a district of Bangkok, so national Thai labor laws and Bangkok labor procedures apply. Most employment disputes are handled through the Department of Labour Protection and Welfare for inspections and wage or severance claims, and through the Central Labor Court in Bangkok for unfair termination and other contested matters.

Why You May Need a Lawyer

You may want a lawyer if any of the following apply.

- You were terminated suddenly without prior notice or pay in lieu of notice, and you are unsure if the reason given allows the employer to skip notice or severance.

- You believe you were dismissed for a prohibited reason, such as pregnancy, union activity, filing a complaint, or asserting legal rights.

- You completed at least 120 days of service and the employer refuses to pay severance despite no serious misconduct.

- You are asked to sign resignation papers, a settlement, or a non-compete, and you want to understand the legal impact before signing.

- You need help calculating unpaid wages, overtime, accrued but unused annual leave, and severance under Thai law.

- You want to pursue an unfair termination claim in the Labor Court, seek reinstatement, or negotiate a settlement.

- You are a foreign employee and need advice about how termination affects your work permit and visa, and how to protect your rights while remaining compliant with immigration rules.

- You tried mediation at a labor office in Bangkok but could not reach a fair agreement, or you received an employer offer that seems too low.

Local Laws Overview

Key aspects of Thai labor law relevant to wrongful termination in Bang Khen include the following.

- Legal framework. The Labor Protection Act and its amendments set minimum employment standards, including notice, severance, working hours, leave, and special protections. The Labor Court Establishment and Labor Procedure Act empowers the court to remedy unfair termination. Other laws, such as the Gender Equality Act and the Social Security Act, may also apply.

- Notice of termination. Unless there is a lawful ground for immediate dismissal, an employer must give advance written notice at least one pay cycle in advance, not exceeding 3 months, or pay in lieu of notice equal to one pay cycle. Employers cannot give notice to take effect on a non-working day for monthly paid employees, so timing matters.

- Severance pay. Employees with at least 120 days of service are generally entitled to severance if dismissed without a lawful cause. The amount scales with length of service and can be substantial for long-serving employees. There is a top tier for very long service. No severance is owed if the employer proves a serious cause specified by law.

- Dismissal for cause with no severance. The law lists specific serious grounds, such as intentional dishonesty, serious misconduct causing damage, a serious violation of work rules after a written warning, absence for 3 consecutive working days without justification, or a final criminal conviction in certain circumstances. The employer bears the burden to prove these grounds.

- Work rules and warnings. Employers with 10 or more employees must have written work rules filed with authorities. For many types of misconduct, a recent written warning is required before dismissal. For serious misconduct, a warning is not required.

- Prohibited reasons. Termination based on pregnancy, taking maternity leave, filing a complaint or acting as a complainant, lawful union activity, or other discriminatory reasons can be unlawful and may support an unfair termination claim and other remedies.

- Fixed-term contracts. When a genuine fixed-term contract ends naturally according to its written term for permitted types of work, severance may not be owed. However, the law narrowly defines when this exception applies. If a fixed-term contract is renewed or used to avoid severance, protections typically apply.

- Payments on termination. Employees may be entitled to unpaid wages, overtime, holiday pay, accrued but unused annual leave pay, pay in lieu of notice, and severance. These should be paid promptly according to legal timelines. Keep all payslips and the termination letter.

- Unfair termination remedies. If the court finds the termination unfair, it may order reinstatement with back pay or award compensation in lieu, considering the employee’s age, length of service, position, the reason for dismissal, and the parties’ circumstances.

- Procedure in Bangkok. Wage and severance disputes often start with a complaint to a Bangkok Area Labor Protection and Welfare Office, which can investigate and issue orders. For unfair termination, employees typically file in the Central Labor Court. Strict filing deadlines can apply, so act quickly.

- Foreign workers. Foreign employees have the same labor protections. Termination may affect work permits and visas, so coordinate labor and immigration steps carefully.

Frequently Asked Questions

What is wrongful termination in Thailand

Wrongful termination commonly means either a dismissal that violates statutory rights, such as failure to provide required notice or severance, or an unfair termination where the reason or manner of dismissal is unjust. The Labor Court can order reinstatement or compensation if the termination is unfair.

Am I always entitled to notice before dismissal

In most cases, yes. The employer must give at least one pay cycle of notice or pay in lieu of that notice. Immediate dismissal without notice is allowed only for specific serious grounds defined by law, which the employer must prove.

How is severance pay calculated

Severance is based on your last wage rate and your length of service, with several tiers that increase as your service length increases. Employees with at least 120 days of service are generally eligible unless dismissed for a legally recognized serious cause. Very long service can qualify for a high cap measured in days of wages.

What are lawful serious grounds for dismissal with no severance

Examples include dishonesty or a deliberate criminal act against the employer, serious misconduct causing damage, serious violation of work rules after a written warning, unjustified absence for 3 consecutive working days, or a final criminal conviction in specified cases. The list is defined by statute and interpreted strictly.

Do probationary employees have rights if terminated

Yes. Probationary employees are covered by the Labor Protection Act. If they have at least 120 days of service, severance rules apply unless a serious legal cause exists. Notice or pay in lieu of notice is still required unless a lawful immediate-dismissal ground applies.

Can my employer force me to resign

No. If you are pressured to sign a resignation letter, that can be treated as a dismissal. Do not sign documents you do not understand. If you already signed under pressure, you may still challenge the termination, but gather evidence of the pressure and seek legal advice quickly.

What if I was terminated because I am pregnant or took maternity leave

Termination because of pregnancy or because you exercised maternity rights is unlawful. You may seek remedies including reinstatement or compensation, and you may also have claims under equality and anti-discrimination laws.

I am a foreign employee. Can I file a claim

Yes. Foreign employees have the same rights to notice, severance, and to challenge unfair termination. However, coordinate with immigration requirements concerning your work permit and visa after termination. A lawyer can help you protect both labor and immigration status.

How long do I have to file a complaint

Deadlines can be short and depend on the type of claim. Some wage and severance claims and unfair termination actions have strict filing windows. To protect your rights, consult a labor office or lawyer immediately after termination and aim to file without delay.

What evidence should I keep

Keep your employment contract, work rules, termination letter, payslips and bank statements, time records, leave approvals, written warnings, internal emails or chat messages, and any settlement offers. Write down names of witnesses and a timeline of events while they are fresh.

Additional Resources

- Department of Labour Protection and Welfare, Ministry of Labour. Handles labor inspections, wage and severance complaints, and mediation through Bangkok Area Labor Protection and Welfare Offices.

- Central Labor Court in Bangkok. Hears unfair termination cases and other labor disputes for Bang Khen residents and employers.

- Social Security Office. Administers unemployment benefits and other social security rights that may apply after termination.

- Lawyers Council of Thailand Legal Aid Centers. Provides legal information and, in some cases, representation for individuals with financial need.

- National Human Rights Commission of Thailand. Receives complaints about discrimination and rights violations, which can overlap with wrongful termination issues.

- Department of Employment, Ministry of Labour. Advises on work permits and employment documentation, important for foreign workers after dismissal.

Next Steps

- Write down what happened. Note your termination date, the reason given, who said what, and any witnesses. Save your termination letter and employer communications.

- Do not sign under pressure. If offered a settlement or asked to resign, request time to review and seek legal advice before signing.

- Calculate your entitlements. List unpaid wages, overtime, accrued annual leave, pay in lieu of notice, and severance based on your service length. A lawyer or a labor officer can help verify your calculations.

- Contact a Bangkok labor office. File a complaint for unpaid statutory benefits and attempt mediation. Bring your documents and identification.

- Consider an unfair termination claim. If the dismissal appears unjust, discuss with a lawyer whether to file in the Central Labor Court for reinstatement or compensation. Act quickly to meet any deadlines.

- Coordinate immigration issues if you are a foreign worker. Confirm the impact on your work permit and visa and plan lawful next steps.

- Seek legal representation. A local labor lawyer can negotiate with your employer, represent you at the labor office and in court, and help you reach a fair settlement.

This guide provides general information for people in Bang Khen. Laws and procedures change and individual facts matter. For advice on your situation, consult a qualified Thai labor lawyer or a Bangkok labor office as soon as possible.