เว็บไซต์คืออะไร?

HR Law Thailand, Bangkok (2026)

10/03/2026

✳️ Jr. HR officer answers: “…Yes, you can.”
💔 The employee: “Wait… how can you do that? I already resigned from my previous job!”
The same old issue that has been happening repeatedly for decades. 💥
✳️ This problem can arise for many reasons, such as:
📌 The candidate accepted the offer, but the hiring manager changed their mind.
📌 The candidate accepted the offer, but management later ordered a hiring freeze.
📌 The candidate accepted the offer, but unexpected issues caused the start date to be postponed indefinitely.
📌 Everything was agreed, but the candidate later changed their mind and simply didn’t show up.
In the past, these situations usually ended quietly. The candidate might feel disappointed but rarely pursued the matter further.
But today is different. People are more aware of their rights.
Many similar cases have already become real labour court disputes.
❓ The key question is:
If no contract has been signed and the employee hasn’t started work yet… can the agreement simply be cancelled?
⁉️ The answer is : let’s go back to the core question first.
💎 Has the employment contract already taken effect? 💎
To answer that question, we must look at two legal provisions:
📌 Civil and Commercial Code – Section 575
An employment contract is a contract in which one person, called the employee, agrees to work for another person, called the employer, and the employer agrees to pay wages for the work performed.
📌 Labour Protection Act – Section 5 (Definition)
An “employment contract” means an agreement, whether written, oral, clearly expressed, or implied, in which one person agrees to work for another person, and the other person agrees to pay wages during the period of work.
✳️ Based on these legal definitions, an oral agreement can already create a valid employment contract — even if no written document has been signed yet.
Therefore:
If the employer later changes their mind and does not allow the candidate to start work, it may be considered a breach of contract by the employer.
Likewise, if the candidate changes their mind and does not show up on the agreed start date, it may be considered a breach of contract by the employee.
🎯 And when a breach of contract occurs, the injured party has the right to claim damages.
💥 But sometimes, a quiet voice from the back of the training room asks:
“How can you prove it in court if there is no written document?”
📌 That is another issue entirely.
Both parties would need to present their evidence in court and let the judge decide. (Ajarn Sam prefers not to get involved in that part.)
However, one thing should be remembered:
Giving false testimony in court is a criminal offense.
So HR professionals, supervisors, and employers must think carefully before taking that risk.
💙 Because actions reveal intentions… And karma has a way of returning — sometimes faster than expected.
💥 If you find this post useful, please Like the page and Share it with your friends.
💎 For training on labour law, people management, performance management, and leadership development, feel free to contact us or visit: www.HRODThailand.com

05/03/2026

💔 “Ajarn…!!!
Q: In this situation… can we terminate the employee ❓
A: Yes, you can. (If necessary — and we’ll discuss what payments may be required.)
Q: In this case… do we have to pay severance ❓
A: That depends on the employee’s misconduct.
Q: But the employee is claiming additional damages… even though we already paid severance ⁉️
A: That is probably because the termination may be considered unfair dismissal.
Q: What do you mean unfair ⁉️ We already paid everything required by law!
💥 Many HR professionals have asked questions like this. Quite a lot, actually.
Some people may read this and think:
“Wait… what? Did Ajarn misunderstand something?”
Easy, easy… please read on.
✳️ Let me summarize briefly first:
“Unfair termination” means a dismissal without a justifiable reason.
In simple terms: a termination without proper grounds — or a reason that the law does not recognize.
For example, terminating someone simply because the employer no longer wants them and believes they can just “pay and finish the matter.”
In reality… it does not end there.
Many labour cases in court involve exactly this situation. Even after severance has been paid, employees can still file a lawsuit — because it is a completely different legal issue.
In fact, even a termination where the employer pays a large severance may still be considered unfair termination.
✅ The first point to understand:
When an employer terminates employment, there are three different types of payments that may arise:
• Notice payment
• Severance pay
• Damages
They may be related, but legally they must be considered separately.
📌 Notice Payment :
You must determine whether advance notice is required and whether any legal exceptions apply.
📌 Severance Pay :
You must consider whether the employee has worked at least 120 days, whether any misconduct occurred, and whether exceptions under Sections 118 or 119 apply.
📌 Damages :
This is where unfair termination comes in — termination without a legitimate reason.
💥 This leads to an important question:
What kinds of “reasons” can justify a fair termination?
The answer: there are many — and they are largely developed through labour court judgments.
✳️ Generally speaking, the reasons can be grouped into three categories, for example:
🎯 1. Termination based on contract or agreed conditions
Examples:
• Failing probation
• Expiration of a fixed-term contract
• Retirement
• Continuous failure to meet KPI standards
🎯 2. Termination due to employee-related reasons
Examples:
• Employee misconduct (serious or minor)
• Reduced work capacity (such as excessive sick leave)
• Behavior unsuitable for the position
• Other similar circumstances
🎯 3. Termination due to employer-related reasons
Examples:
• Continuous business losses
• Organizational restructuring
• Introduction of AI or automation replacing certain roles
• Other operational necessities
💥 The examples above are only possible grounds that may support a fair termination.
In practice, many additional factors must be considered. Please do not rely on these examples without deeper analysis.
📌 Because whether a termination is fair or unfair depends on multiple factors.
If the matter goes to court, judges will examine issues such as:
• Necessity
• Reasonableness
• Whether the employer took advantage of the employee
• Whether the employer acted in good faith
• Whether the employer attempted other solutions first
• Whether agreements were respected
• Whether legal procedures were followed
In other words: Was termination truly the last resort?
✳️ Next QUESTION :
If the court ultimately decides that the termination was unfair, what can the employee claim?
There are two possible remedies.
🎯 1. Reinstatement :

The employee may request to be reinstated to their position.

This is rare, but it does happen — especially in large public companies where the CEO is not the owner and the parties may still be able to continue working together.
🎯 2. Damages :
This is where employers must be careful.
The law does not specify a fixed amount of damages for unfair termination. The amount is determined by the court’s discretion.
Judges will consider factors such as:
• The reason for termination
• The hardship suffered by the employee
• Salary and benefits already received
Very often, the damages awarded can be much higher than severance pay.
For example:
The employer may have paid 3 months severance, but the court may order 18 additional months of damages.
Please be careful. 💥💥
That was quite a long explanation — I’ll stop here for today.
Hopefully this makes things clearer.
💥 If you find this post useful, please Like the page and Share it with your friends.
💎 For training on labour law, people management, performance management, or leadership development, feel free to message us or visit:
www.HRODThailand.com

26/02/2026

What Do You Think⁉️ Which Would You Choose⁉️
If an employee fails probation — should you ask for a resignation, or proceed with termination ❓
Those who have never faced this situation — or never had to decide that someone “cannot continue” — may think:
“If they fail probation, just terminate. Why overthink it?”
In reality, failing probation is quite common. It happens all the time.
Sometimes the employee fails probation based on the employer’s evaluation. Sometimes the employer “fails probation” — when the employee resigns during probation because they believe the company is not right for them.
✳️ When both sides evaluate each other and decide not to continue, it leads to termination of the employment contract —
A neutral concept that includes:
• “Termination” (employer ends the contract), and
• “Resignation” (employee ends the contract).
🎯 If an employee fails probation… offering resignation instead of termination may resolve many issues — and benefit both parties — for the following reasons:
1️⃣ No concern about advance notice
Termination due to failed probation still requires advance notice of at least one wage payment cycle (not necessarily 30 days, as commonly misunderstood).
This often pressures supervisors to rush decisions out of concern for notice periods and severance costs. Some employees simply need more time to learn and adjust — but may lose their job because of timing concerns.
2️⃣ No concern about severance
If the employee voluntarily resigns after discussion, the employer does not need to worry about the 120-day threshold or severance obligations — because it is not a termination.
3️⃣ Reduced risk of unfair termination claims
Terminating an employee for “failing probation” without clear, professional evaluation standards carries legal risk — and may negatively affect employee relations and company reputation.
4️⃣ Protecting the employee’s record
Failing probation does not mean the employee is “bad.”
It simply means their qualifications may not match what the supervisor or company expected. Many have strong past records and performed well elsewhere. A short 2–3 month probation may not reflect their true capability.
Allowing resignation helps preserve their employment record and gives them a fresh start.
5️⃣ More time, more opportunity, lower cost
Even if employment exceeds 120 days, resignation remains an option. More importantly, both sides gain time to reassess.
If the employee improves, the employer may decide to continue employment — saving recruitment time and budget, and avoiding the risk that a replacement may be worse.
📌 The key point:
“Offering resignation” should mean giving the employee a genuine choice — not forcing or pressuring them.
The discussion should be voluntary, sincere, and ideally within the 120-day probation period, supported by professional performance evaluation. When handled properly, the benefits can be mutual.
💥 If you find this post useful, please Like the page and Share it with your friends.
💎 For training on labour law, people management, performance management, or leadership development — feel free to message us or visit: www.HRODThailand.com

18/02/2026

💥 Can Employees Refuse This Type of Transfer⁉️
📌 “Employee transfer” comes in many forms — job relocation, department reassignment, or moving a workplace from one location to another, such as being assigned to a different branch.
But the type of branch transfer discussed in this post is different — both in nature and in legal principle.
✳️ This kind of move is legally considered a “Relocation of Business Establishment.”
When the employer relocates the establishment and orders employees to work at the new location, affected employees have the right not to relocate. Employees may choose to terminate the employment contract and are entitled to special severance pay at the same rate as termination compensation. 💥
“Business establishment” means the place where an employee regularly works — regardless of what it is called — such as a retail branch, office, factory, warehouse, or other workplace.
📌 If the employer closes, dissolves, or ceases using that workplace — whether partially or entirely — for any reason, and transfers employees to work elsewhere (whether the new workplace already exists or is newly established) 🔹 this is deemed a relocation of business establishment 🔹
Examples include closing a retail branch, bank branch, factory, warehouse, or office in order to open a new site or consolidate with another location.
✳️ In this situation, employees may decide whether to relocate or not, provided that the new workplace causes significant hardship — such as being far from home, increasing travel time or expenses, or materially affecting the employee’s or family’s normal way of life.
Only employees who are genuinely impacted have the right to refuse relocation — and they must follow legal procedures to receive compensation.
✳️ Section 120 of the Labour Protection Law requires the following:
1️⃣ The employer relocates the business establishment to a new or different location.
2️⃣ A written notice must be posted at least 30 days before the relocation date.
3️⃣ The notice must clearly state which employees will be transferred, to where, and when.
4️⃣ If 30-day notice is not given, special severance in lieu of notice must be paid.
5️⃣ If an employee believes the relocation severely impacts their normal living or family life — and does not wish to relocate 💥💥💥
6️⃣ The employee must notify the employer in writing within 30 days from the notice date (or from the relocation date if no notice was posted).
7️⃣ If the employer disagrees with the employee’s reasons, the employer must submit a petition to the Labour Welfare Committee within 30 days of receiving the written notice 💥
8️⃣ The employment contract is deemed terminated on the relocation date.
9️⃣ The employee is entitled to special severance pay at the same rate as termination compensation.
🔟 The employer must pay this special severance within 7 days from contract termination.
📌 If the move is not a relocation of business establishment — such as job reassignment, department transfer, branch transfer, or transfer within affiliated companies — that is a different legal matter. We’ll discuss that another time.
💥 If you find this post useful, please Like the page and Share it with your friends.
💎 For training on labour law, people management, performance management, or leadership development — feel free to message us or visit: www.HRODThailand.com

17/02/2026

Call Center agent called a customer “buffalo” (idiot).
Is this a serious misconduct❓
Can the employer terminate immediately ❓
Let’s learn from a Supreme Court labor case > Judgment No. 3895/2557
✳️ Facts:
A Call Center employee spoke to a customer in a harsh tone. After hanging up, the employee insulted the customer by saying “buffalo.”
Although the customer did not hear it, the company had an audio recording as evidence. The employer viewed this behavior as a serious breach of service conduct standards and terminated the employee immediately without severance pay.
The employee disagreed and filed a lawsuit.
✳️ Court Decisions:
📌 Labor Court (First Instance):
→ Not serious misconduct
→ Employer must pay severance
📌 Supreme Court:
→ Reversed the judgment
→ Ruled it was serious disciplinary misconduct
→ Employer could terminate without severance pay
✳️ Key Legal Analysis:
🎯 How is “serious misconduct” determined?
The Supreme Court did not consider only whether the customer heard the insult. It also examined:
✔ Nature of the job (service roles require politeness)
✔ Behavior (vulgar, insulting words)
✔ Time & place (during working hours, in the workplace)
✔ Impact on the company’s reputation
Even if the customer was unaware… such conduct could still damage the organization’s image. Therefore, it was deemed serious.
🎯 Different courts, different views
The lower court said “not serious,” but the Supreme Court said “serious.”
💥 Meaning: There is no absolute formula for employee discipline. Even courts may interpret differently.
✳️ What does this case teach employers?
🔹 Serious misconduct = consider context, not just outcome
🔹 Set clear behavioral standards and communicate them
🔹 If unsure, give the employee an opportunity to improve
🔹 Consider alternative termination methods if necessary
🔹 Make decisions aligned with organizational culture
💥 If you find this post useful, please Like the page and Share with your colleagues.
💎 For training on Labor Law, People Management, Performance Management, and Leadership Development — feel free to message us or visit: www.HRODThailand.com

13/02/2026

🎯 Can Employment Contracts Differ from Work Rules?
🚩 The answer is: Both yes and no. 💥
🚩 It depends on the nature of the difference and how the work rules were established.
Before answering, we need to understand what “Work Rules” actually are.
✳️ Work Rules are regulations that employers with 10 or more employees are legally required to establish.
They apply to all employees and remain in force until amended — in accordance with the Labour Protection Act.
💥 Simply put: Employers are the “RULE MAKERS.”
Work Rules apply to all employees and are considered “Conditions of Employment” under the Labour Relations Act.
Even though employers issue these rules UNILATERALLY, any amendment generally requires employee CONSENT — unless the change is more beneficial to employees.
📌 Amendments to benefits or conditions that exceed legal minimum standards can be made through several methods.
One key method is the formal “DEMAND Submission Process” under the Labour Relations Act — often involving labour unions.
And Section 20 of the Labour Relations Act clearly states:
🎯 Employers cannot enter into employment contracts that conflict with conditions of employment arising from a formal demand — unless the terms are more beneficial to employees.
📌 Apart from the demand process, employers and employees may mutually agree to amend work rules without going through formal demands.
At this point, many of you may already have the answer to the question:
Can employment contracts differ from work rules? ⁉️
✳️ Let’s SUMMARIZE:
🔹 If the work rule was unilaterally set by the employer:
Employment contracts may differ.
This is treated as an individual mutual agreement — which may be either more or less favorable.
Examples:
> Changing working hours from 8:00–17:00 to 9:00–18:00
> Reducing annual leave from 12 days to 8 days
🔹 If the work rule resulted from a formal demand (collective agreement): Employment contracts may differ only if the terms are more beneficial to the employee.
🎯 If you’re interested in training programs on Thai Labour Law, People Management, Performance Management, or Leadership Development — feel free to reach out or visit:
www.HRODThailand.com

12/02/2026

🔵 12 Exceptions Where Severance Pay Is Not Required (Part 2)
Before we continue with exceptions #7–12, let me briefly recap the first six.
IN SUMMARY :
Exceptions 1–5 relate to employee misconduct arising from intent or negligence — covering both civil and criminal wrongdoing. These grounds apply to all employers, even if they are not written in company work rules.
Exception 6 relates to violations of internal rules and disciplinary regulations — usually documented as workplace discipline. In serious cases, employers may terminate immediately or choose to give another opportunity.
📌 Now, let’s continue…
Legal exceptions where termination can be made without severance pay:
❎ 7. Repeated misconduct after written warning
This connects directly to exception #6.

If an employee repeats the same offense within 12 months after receiving a written warning, the employer may terminate without severance.
But… here’s the caution.
That is what the law states.

If your disciplinary procedures in the work rules are simple — aligned with legal standards — you may proceed.

However, if your rules specify multiple steps (e.g., 1st warning → 2nd warning → suspension), you must follow those steps.

Skipping procedures may be considered the employer violating its own rules — and severance would then be payable. (Be careful.)
❎ 8. Absence for 3 consecutive working days without reasonable cause
Most HR professionals and employers have faced this — probably the most common and straightforward case.

Two elements must exist:
> Absence for 3 consecutive working days (holidays in between do not break the count)
> No reasonable justification
In today’s world of easy communication, unexplained absence is harder to justify.

However, employers should still attempt to contact the employee — in case of force majeure or emergency situations.
❎ 9. Imprisonment exceeding 1 month
This applies when an employee is convicted by final court judgment and sentenced to imprisonment for more than 1 month.

It applies regardless of whether the offense directly damages the employer.

The judgment must be final — no further appeals.

This does not apply to petty offenses.
❎ 10. Imprisonment not exceeding 1 month — with employer damage
Similar to #9, but for minor offenses (petty crimes) with imprisonment not exceeding 1 month.

However, the offense must cause damage to the employer — financially or reputationally.

If the offense has no impact on the employer, it should not be used as grounds for termination.

(These cases are often emotional, impulsive acts.)
❎ 11. Expiry of a special fixed-term contract
Emphasis on the word “special.”

If an employee works under a normal temporary contract and completes 120 days, non-renewal is considered termination — severance is required.

Multiple short contracts must also be combined when calculating service length.

💥 Special fixed-term contracts exempt from severance apply only to:

> Special project work (non-routine business)
> Occasional work (not regular operations)
> Seasonal work
All must:
> Be completed within 2 years
> Be in written contract form
If conditions are met, severance exemption applies.

(We’ll discuss detailed characteristics and case examples another time.)
❎ 12. Engagement under other types of contracts
If employers wish to avoid severance risk altogether, they may engage workers under different legal contracts, such as:
> Hire of Work (Freelance)
> Agency
> Brokerage
Under these arrangements, the engager is not an “employer” under labour law, does not exercise commanding power, and therefore severance obligations do not apply upon contract termination.
(We’ll explore alternative engagement structures in a future post.)
This concludes all 12 legal exceptions where termination can occur without severance pay.
🎯 Before you go, don’t forget to Like the Page, Like this Post, and Share it with your colleagues.
Thank you.

12/02/2026

📌 12 Exceptions Where Severance Pay Is Not Required
“Severance pay” is the most common question I receive — and it’s the first thing people think about whenever there is a termination.
From the employer / HR perspective, the question is usually:
“Can we terminate in this case?”
The answer is almost always: Yes… you can.
But what they really mean is:
“Can we terminate without paying severance?”
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On the employee side, the mindset is the opposite:
“If I’m terminated like this… severance must be paid, right?”
And that’s why severance disputes have always been one of the most headache-inducing labour issues for all parties involved.
💥 In reality, severance issues come down to only 2 key questions:
> When is severance required?
> When is it not?
So in this post, I’d like to share the 12 legal exceptions where termination can be made without severance pay under Thai Labour Law.
Let’s start with the first 6:
✅ 1. Employment less than 120 days
120 days is the minimum service period required by law for severance entitlement.

This is also the origin of the common “119-day probation practice.”

In other words — this is actually the main rule that triggers severance.
The remaining items are legal exceptions. 💥
✅ 2. Dishonesty in the course of duty
“Dishonesty” includes fraudulent, deceitful, or non-faithful conduct.

It also covers acts or omissions performed in one’s role to unlawfully obtain benefits for oneself or others.
✅ 3. Intentional criminal offense against the employer
This applies only when the employee commits a criminal act intentionally against the employer.

It covers both serious and minor criminal offenses.

If the act is committed by negligence (not intent), this exception does not apply.
✅ 4. Intentionally causing damage to the employer
If the employee deliberately causes damage — whether to property or reputation — it falls under this ground.

Even if the damage has not yet materialized, the act itself may qualify.

Such conduct may overlap with both civil and criminal liability (and with item #3).
✅ 5. Gross negligence causing serious damage
If damage is caused by negligence, two elements must exist:

> Actual damage occurred
> The damage is serious

If the damage is not serious, this exception will not apply.
✅ 6. Serious violation of lawful and fair work rules or employer orders
This is one of the most disputed grounds in practice.

Key considerations include:

> Was the employer’s order lawful?
> Did the employer have legal authority?
> Was the order fair?
> Was the violation “serious”?
Severity must be assessed based on facts —
not merely what is written in company regulations.
This post is getting quite long already — so let’s pause at the first 6 exceptions.
Stay tuned for the remaining 6 in the next post.
📌 Before you go, don’t forget to Like the Page, Like this Post, and Share it with your colleagues.
Thank you.

12/02/2026

“Ajarn, may I ask…?”
Q: In this case…can we terminate the employee❓
A: Yes, you can (if it’s necessary, but payment is another issue.).
Q: If it’s like this…do we have to pay severance❓
A: It depends on the employee’s misconduct ⁉️
Q: They’re claiming additional damages ⁉️…but we already paid severance ⁉️⁉️
A: Most likely for unfair termination.
Q: What do you mean unfair ⁉️ We paid according to the law already ⁉️
💥 Many employers & HR colleagues have questions like these. Some read this post and may feel very confident, thinking “What? Is Ajarn misunderstanding something? 😂”
Please keep reading and we’ll get on the same page.
✳️ Short summary first >>> “Unfair Termination” means termination without justifiable cause. In simple terms = no real reason, or a reason the law does not recognize — for example, terminating at will, “I don’t want you anymore — I’ll just pay and end it.”
In reality, it doesn’t end there. A large portion of labour cases are exactly about this. Even after severance is paid, employees can still sue — because these are different legal issues.
In fact, terminating employment even with a severance payment may still be considered as unfair termination for the following reasons:
✅ First issue: Payments an employer may have to make upon termination fall into three categories — Notice Pay, Severance Pay, and Damages. They may relate, but must be considered separately:
📌 Advance Notice Pay — Was prior notice required? Any exemptions?
📌 Severance Pay — Has the employee completed 120 days? Any misconduct? Do exemptions under Sections 118 & 119 apply?
📌 Damages — This is where unfair termination comes in — termination without just cause.
💥 So the question becomes : “What reasons can be used to justify a fair termination?”
Answer = There are many. You must study Labour Court precedents.
✳️ We can broadly group them into 3 categories, with examples:
🎯 1. Termination based on contract or agreement
Such as: failing probation, end of fixed-term contract, retirement, consistently poor KPI performance.
🎯 2. Termination due to employee-related reasons
Such as: misconduct (serious or minor), inefficiency (e.g., excessive sick leave), behavior unsuitable for the role, etc.
🎯 3. Termination due to employer-related reasons
Such as: continuous business losses, organizational restructuring, adoption of AI or machinery replacement, etc.
💥 The examples above are only issues that may justify fair termination. In practice, many more elements must be considered — please do not cite them in isolation.
📌 Because determining fairness involves multiple factors >>> If litigated, the Court will examine carefully, guided by precedents, such as:

“Necessity / Reasonableness / No exploitation of the employee / Not merely self-serving / Employer attempted other solutions / Compliance with agreements / Full legal compliance / … Termination truly being the last resort.” Something along those lines.
✳️ Next question…
If the final conclusion = Unfair Termination, what can the employee claim? .... There are 2 possible remedies:
🎯 1. Reinstatement :
Requesting to return to work >>> Rare, but it happens — especially in large public companies where the CEO is not the owner and continued employment is still feasible.
🎯 2. Damages :
This is the risky part. Damages for unfair termination have no fixed statutory rate. It depends on the Court’s discretion, considering:
Reasons for termination, employee hardship, compensation already received, etc.

Often, damages exceed severance many times over.
For example: Severance paid = 3 months
Additional damages ordered = 18 months (Be careful) 💥💥
That’s quite a long explanation — I’ll stop here (you should get the picture now 😊).
💥 If you like this post, please Like the Page and Share with your friends.
💎 Interested in training on Labour Law, People Management, Performance Management, or Leadership Development?
Send me a message or visit: www.HRODThailand.com

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