[Update] Termination of Employment in Thailand | garden leave คือ – NATAVIGUIDES

Thai Labor Law

 

– Termination of Employment

Thai Labor Law protects employees rights and is relatively flexible for employers. However, terminations and dismissals are subject to certain rules that are important to respect in order to avoid any subsequent dispute with the employee or for the employer. Whether you are an employer or an employee, Juslaws & Consult can inform you about your rights regarding termination of employment in Thailand.

We know that every situation is unique, therefore it is essential to seek a consultation with someone who is specialized in Thai Labor Law to fully understand your rights and potential claims. Juslaws & Consult has created a list of frequently asked questions regarding termination, wrongful dismissal and labor law in Thailand. Please use it as a guidline only.

Termination /

 

Wrongful Dismissal

Q: Does the employee have to be notified of the termination?

In order to terminate an employment contract of indefinite duration, unless the employment contract provides otherwise, the employee must be notified within a minimum period equal to the employee’s pay cycle. For example, if the employee is paid monthly, the notification must be sent to the employee for at least one month before the effective date of termination. If the pay cycle is longer than three months, the period for notifying the employee may be three months.

When the contract is for a fixed term, there is no need to notify the employee before the end of the contract.

Q: How should the employee be notified of the termination?

We recommend sending a registered letter with acknowledgement of receipt (EMS) to keep physical evidence of the date of notification.

Q: Does the employee need to be informed of the reasons for the termination?

If the employee receives severance pay, there is no legal obligation to notify him/her of the reason for dismissal. We recommend, however, that the employee be notified of the reasons for his or her dismissal to protect against any recourse by the employee for wrongful dismissal.

When an employee is terminated without severance pay under Section 119 of the Labor Protection Act (“termination without severance pay”), the reasons for the termination must be carefully detailed in the notice.

Q: Is it possible to dismiss an employee without notice?

Section 119 of the Labor Protection Act sets out the cases of dismissal where the employee does not need to be notified. This is particularly the case when:

• The employee dishonestly performs or intentionally commits a criminal offence against the employer;
• The employee intentionally causes loss to the employer;
• The employee commits an act of negligence resulting in serious loss to the employer;
• The employee’s act violates the work rules, regulations, or orders of the employer that are legal and fair, and receives a written warning notice;
• The employee neglects his/her duties for three consecutive days without a reasonable cause, regardless of whether a holiday is in the intervening period; or,
• The employee is subject to imprisonment by a final court judgment.

We recommend, however, that you notify the employee to protect yourself from future actions.

We recommend, however, that you notify the employee to protect yourself from future actions.

Q: Is it possible for the employer to force the employee not to report to the workplace after notification and until dismissal (a “garden leave” period)?

This case is not provided for in the Labor Protection Act but the practice is common in Thailand. As long as the employee keeps his status and pay, it is possible to put the employee on “garden leave”.

However, be sure to return all personal belongings to the employee before forcing the employee to not return to the workplace.

Q: How many employees can be terminated at the same time?

Thai law sets no legal restrictions on the number of employees that an employer may terminate at the same time. However, if the dismissal is without real or reasonable cause, the employee may take the matter to the Labor Court for unfair dismissal. The employer must ensure that appropriate measures are taken and that the employees are individually terminated.

Q: What happens to a foreign employee’s work permit and business visa (non-immigrant B visa) after termination?

Once an employee is terminated, the employer must cancel the work permit within 15 days. The visa is immediately considered cancelled at the time of dismissal. It is therefore advisable for the employee to apply for a 30-day tourist visa on the day of dismissal to avoid overstay fees.

Q: What happens if the employer does not renew an employee’s visa or work permit?

An employee who has not been terminated by his employer but whose work permit has not been renewed by his employer is no longer entitled to work. However, the employee remains subject to the lawful instructions of his employer to which he shall comply during his working time.

An employee whose work permit or visa has not been renewed by his employer may submit a claim to the Labor Court and bring an action against his employer for wrongful dismissal.

Q: Does the resigning employee receive severance pay?

No, the resigning employee does not receive severance pay.

Q: Is it abusive to dismiss immediately and without compensation an employee who spends too much time on social media?

In a recent judgment, the Supreme Court ruled that it is legal to immediately terminate without compensation an employee who used the office computer to use social media for personal reasons during working hours, negatively impacting the employee’s performance.

Q: Is it abusive to dismiss immediately and without compensation an employee who criticizes his employer on social media?

In another recent judgment, the Supreme Court ruled that it is legal to immediately dismiss without compensation an employee who knowingly caused damage to his employer by complaining about his working conditions on social networks.

Q: Are there cases where the employee is protected against dismissal?

Pregnant women cannot be dismissed for pregnancy. Under normal circumstances, members and representatives of the employee’s committee may only be dismissed with the approval of the Labor Court.

Thai Labor Law

 

– Compensation & Severance Pay

Q: What is the amount of severance pay an employee can receive?

Here is how severance pay is calculated.

Period of Employment
Severance pay

Less than 120 days
No severance pay

120 days – 1 year
Wages for at least 30 days

1 year – 3 years
Wages for at least 90 days

3 years – 6 years
Wages for at least 180 days

6 years – 10 years
Wages for at least 240 days

10 years – 20 years
Wages for at least 300 days

More than 20 years
Wages for at least 400 days

Q: Does the employer have to pay additional compensation to an employee subject to a non-competition clause?

No, Thai law does not require the employer to compensate an employee subject to a non-competition clause.

Q: Can an employee take legal action against their employer if they are dismissed?

It is possible for the employee to file a complaint against the employer in the Labor Court in order to obtain severance pay, or compensation for wrongful dismissal after dismissal without first filing a complaint with the Labor Inspector.

Thai law does not precisely define what constitutes “unfair / wrongful dismissal”. In the event that the Labor Court upholds the wrongful dismissal charge, it is possible that the Court:

Orders the employer to reinstate the employee under the same conditions as before his or her departure; or, if the court decides that the parties are no longer able to work together,

Orders the employer to pay the employee compensation for unfair / wrongful dismissal. This amount is calculated by the court and depends entirely on the circumstances of the employee.

Q: What is the time frame of a case at Labor Court?

On average, an action brought before the Labor Court is judged within 3 to 18 months after the filing of the complaint, or even longer for complex cases.

The judgments of the Labor Court are subject to appeal to the Supreme Court within 15 days of the judgment.

Q: Is it possible for the employer to settle the dispute amicably with the employee after the employee has filed a complaint?

Yes, the employer and employee can settle the dispute amicably, even after the case has been brought before Thai Labor Court.

Juslaws

 

& Consult

Juslaws & Consult helps both employees and employers to comply with Thai Labor Law, specifically with termination of employment, wrongful dismissal charges, compensation and severance pay settlements. If you would like more information please do not hesitate to contact us.

If you make a daily pot of coffee, you have a fabulous source of organic matter right at your fingertips. Coffee grounds can make your garden happier in several ways, and not just that coffee gives you more energy for weeding and pruning. Don’t toss the grounds! You can put them to work.

Coffee in Compost

Put coffee grounds in your compost bin. There are two types of compost material: brown and green. Your coffee grounds may be brown in color, but in compost jargon they are green material, meaning an item that is rich in nitrogen. Coffee grounds are approximately 1.45 percent nitrogen. They also contain magnesium, calcium, potassium, and other trace minerals. Other green compost materials include food scraps and grass clippings.

Adding coffee grounds and used paper coffee filters to your compost will provide green compost material. However, it must be balanced with brown compost material, which includes dry leaves and newspapers. There should be a 4-to-1 ratio of brown compost material to green compost material. If you have too much green material your compost pile will start to smell. If you don’t have enough, the compost pile won’t heat up.

The Spruce / Sarah Crowley

Fertilize With Coffee Grounds

Add coffee grounds directly to the soil in your garden. You can scratch it into the top couple inches of soil, or just sprinkle the grounds on top and leave it alone. In smaller amounts, especially when mixed with dry materials, coffee grounds will give up their nitrogen. Used coffee grounds are actually nearly neutral in pH, so they shouldn’t cause concerns about their acidity. Be careful not to use too many coffee grounds or pile them up. The small particles can lock together, creating a water resistant barrier in your garden.

You can also make coffee ground “tea.” Add 2 cups of used coffee grounds to a 5-gallon bucket of water. Let the “tea” steep for a few hours or overnight. You can use this concoction as a liquid fertilizer for garden and container plants. It also makes a great foliar feed you can spray directly on the leaves and stems of your plants.

The Spruce / Sarah Crowley 

Feed Your Worms

Add coffee grounds to your worm bin every week or so. Worms love coffee grounds! Just don’t add too many at once, because the acidity could bother your worms. A cup or so of grounds per week for a small worm bin is perfect. In addition to using coffee grounds in your worm bin, earthworms in your soil will also be more attracted to your garden when you use them mixed with the soil as fertilizer.

Keep the Pests Away

Create a slug and snail barrier. Coffee grounds are abrasive, so a barrier of grounds placed near slug-prone plants may just save them from these garden pests. However, be warned that some researchers quibble with this advice and don’t think it is effective. You may want to have a backup plan in mind if it doesn’t work. Many cats dislike the smell of coffee grounds and may avoid using your garden as a litter box if you mix coffee grounds into the soil.

The Spruce / Sarah Crowley 

Fresh Coffee Grounds for Acid-Loving Plants

While used coffee grounds are only slightly acidic, fresh (unbrewed) coffee grounds have more acid. Your acid-loving plants like hydrangeas, rhododendrons, azaleas, lily of the valley, blueberries, carrots, and radishes can get a boost from fresh grounds. However, tomatoes do not like fresh coffee grounds; keep them out of that area of the garden. This could be a good use for coffee that is getting old in your pantry or a type you bought for visiting friends but isn’t your usual cup of joe.

Fresh coffee grounds still have most of their caffeine content as well as the acid. Don’t use coffee grounds on seedlings or very young plants, as caffeine can stunt their growth. Be cautious in using fresh grounds around pets or your wire terrier may become extremely wired.

The Spruce / Sarah Crowley

Dissenting Research Into Coffee Grounds in the Garden

One 2016 research study found that using spent coffee grounds in growing broccoli, leek, radish, viola, and sunflower resulted in poorer growth in all soil types, with or without additional fertilizer. The good news is that the coffee grounds improved the water holding capacity of the soil and decreased weed growth. The researchers think the poorer growth was due to the plant-toxic compounds naturally present in the coffee grounds. If you aren’t getting the results you hoped for with coffee grounds, you may want to try your own experiments with and without them in your garden.

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