Legal service for foreign clients
Labor Lawyer — Termination, Severance, Labor Court in Thailand
Both employer- and employee-side, at all Labor Courts nationwide.
Quick answer
Statutory severance (Labor Protection Act): 120 days–1 yr = 30 days pay; 1–3 yrs = 90; 3–6 = 180; 6–10 = 240; 10–20 = 300; 20+ = 400. Unfair-dismissal claims can add extra compensation. Fees from THB 20,000. The Labor Court charges no filing fee.
From THB 20,000 — From 20k / Labor Court charges no filing fee · Labor Court: 4–8 months
Who this is for
- Employees unfairly dismissed
- Employers restructuring workforce
- Companies needing employee handbooks
- Foreign HR unfamiliar with Thai labor law
What you receive
- Compute severance + pay in lieu of notice
- Draft termination letters + warnings
- File or defend Labor Court cases
- Draft work rules + employment contracts
- Mediate with staff / unions
Documents to prepare
- Employment contract / handbook / warnings
- Latest 6-month payslips
- Evidence of dismissal cause (if any)
How it works
5-step process
- 1
Intake + entitlement calc
Compute all statutory entitlements.
- 2
Negotiate with the other side
Attempt pre-litigation settlement.
- 3
File complaint
File at competent Labor Court.
- 4
Court mediation + trial
Mandatory mediation then trial if unresolved.
- 5
Enforcement
Seizure/garnishment if employer refuses.
In depth
Labor Lawyer — Termination, Severance, Labor Court: what foreign clients need to know
Labour cases are decided by paperwork created before the trouble, not explanations produced afterwards. Employers with published work rules, a graduated warning trail and dated appraisal records usually win or pay much less. Equally, employees who kept payslips, shift schedules and the messages instructing their work prove their entitlements far more directly.
Ending employment without it becoming unfair dismissal
Termination raises two separate questions. One is whether severance is due, which turns on length of service and whether a statutory exception applies. The other is whether the dismissal was fair, where the court weighs the business reason and the proportionality of the sanction. Many employers pay full severance and still lose on the second point because the punishment outran the offence.
The safe sequence is a written warning specifying the conduct, the date and time, and the consequence of repetition, acknowledged by signature — and if the employee refuses, minuted with a witness. Only when the steps are exhausted does termination follow. That file is what closes a case quickly at conciliation on a figure both sides can live with.
Wages, overtime, and the items most often miscalculated
A large share of disputes arises from what counts as wages, because the wage base drives overtime, severance and contributions. Attendance or position allowances paid every month without condition are in practice treated as wages, unlike bonuses paid occasionally on performance.
Monthly-paid staff who work beyond hours at the employer's instruction are entitled to overtime unless their role falls within a statutory exception, so the claim that office staff never qualify is not reliably true. We therefore recommend an auditable timekeeping system, which protects both sides when a claim is made.
Routes to resolution: the labour inspector and the labour court
An employee may petition the labour inspector for an order covering statutory monies, or sue in the labour court for both statutory entitlements and damages for unfair dismissal — but not pursue the same claim down both routes at once. Choosing the route therefore starts from what the claimant primarily wants.
Conciliation is pressed by the labour court at the very first appearance, and a great many files close on a negotiated figure. We therefore prepare two things in parallel: an acceptable numerical range with reasons behind it, and a witness file ready to run if talks fail. That keeps clients from being pressed into a figure below what the file supports.
Cost structure: government fees vs professional fees
| Item | Official fee | Professional fee | Note |
|---|---|---|---|
| Reviewing and drafting work rules and employment contracts | No government fee for drafting | THB 20,000–60,000 | Includes reusable warning and fact-finding minute templates |
| Representation in the labour court of first instance | Employee claims under protection law are exempt from fees in many situations | THB 50,000–150,000 | Scales with how many employees are involved and how deep the payroll reconstruction must go |
| Negotiating a separation and preparing the closing bundle | No government fee | THB 18,000–45,000 | Includes an enforceable settlement and mutual release |
Dismissing a manager with no warning trail
Situation: The employer dismissed for underperformance with no appraisal record or warning on file
What we did: We assessed the exposure candidly and pivoted to a negotiated separation with a forward release
Outcome: It closed within a month at a figure materially below the likely litigated range
Seven years of unrecorded overtime
Situation: Several production staff claimed regular overtime that was never paid
What we did: We assembled shift rosters, door-access logs and the instructing messages, then computed the sums on the true wage base
Outcome: The parties settled at conciliation on the computed sums with a fixed payment schedule
When to act, and when waiting is fine
You are about to dismiss someone with over three years of service
Take advice before you notify; the sequence and the wording of the letter can change the whole outcome
You have received a summons from the labour inspector
Do not let the deadline pass; assemble payroll records and work rules before the appointment
You were dismissed and severance has not been paid
Preserve payslips, the termination letter and related messages now, then pick the route that matches what you want
You have no work rules and headcount keeps growing
Publish rules before the first case; drafting always costs less than a single claim
Documents in detail
| Document | Issued by | Certification / translation | Validity |
|---|---|---|---|
| Employment contract and work rules | Issued by the employer and acknowledged by the employee | Workplaces with ten or more employees must keep written work rules | The version in force on the dispute date governs |
| Payslips and proof of wage payments | HR or the payroll bank | Used to compute the severance base and unpaid overtime | At least the last twelve months |
| Termination letter or written warnings | The employer | Reasons must be stated: grounds omitted are hard to raise later in court | The termination date starts the clock for filing |
| Social security records and the separation notice | Social Security Office and the employer | Required to claim unemployment benefits | Register as unemployed promptly after leaving |
Timeline and who does what
| Stage | Owner | Duration | Detail |
|---|---|---|---|
| Verify entitlements and compute what is owed | Handled by our team | 2–5 working days | We separate statutory severance by service length, payment in lieu of notice, unused annual leave, and unfair-dismissal damages. |
| Negotiate with the other side in writing | Handled by our team | 7–14 working days | Many matters close here once both sides see the statutory numbers clearly. |
| File with the labour inspector | Depends on the agency | The inspector investigates and issues an order within the statutory framework | This route carries no fee and suits monetary disputes with straightforward figures. |
| Sue in the Labour Court | Depends on the agency | Roughly 4–12 months | The Labour Court charges employees no filing fee and pushes mediation at the first hearing. |
| Enforce the order or judgment | Handled by our team | Several further months if seizure is needed | If the employer does not pay, we open enforcement and trace assets. |
Common pitfalls
Signing a resignation letter at the employer's suggestion and losing severance
Sign nothing on the day you are called in — take it to counsel first
Dismissing for serious misconduct with no warnings or investigation record
Run a documented investigation and gather evidence before issuing termination
Rolling fixed-term contracts on the belief that non-renewal avoids severance
Confirm the work genuinely falls in the exemption before structuring employment that way
Running a labour-inspector complaint and a court claim in parallel over one dispute
Choose one channel that matches the dispute so the processes do not overlap
Doing it yourself vs working with us
| Aspect | On your own | With our team |
|---|---|---|
| Computing the amount | Using internet figures that ignore actual service length and pay structure | We compute from every actual payslip and show the base used |
| Employer side | Terminating too fast and converting the matter into an unfair-dismissal claim | We design the termination process and paperwork to reduce claim risk from the start |
| Time to resolution | Filing in the wrong forum costs months and a restart | We pick the fastest forum that fits the facts |
FAQ
Frequently asked questions
COVID dismissal — must pay?
Yes, full severance by tenure unless bankrupt.
Terminate before 120-day mark?
Below the 120-day mark there is no statutory severance, yet advance notice or pay in lieu of it remains mandatory.
What does a resigning employee get?
Wages owed + unused annual leave, no severance.
Wages 2 months overdue — can I sue?
Yes, at Labor Court with 15% p.a. interest.
Employer must have work rules?
Required if 10+ employees.
Is severance payable on resignation?
Generally no, since severance attaches to employer-initiated termination, but unpaid wages and untaken annual leave remain payable.
What if notice was short?
The employer may pay wages in lieu of notice, and the amount should be itemised separately so it is not confused with severance.
Can probationers be dismissed freely?
Probation does not automatically remove severance rights tied to service, and the dismissal still needs an explainable reason.
How long do labour cases take?
Cases settled at conciliation usually run two to four months; those requiring a full hearing typically take eight months or more.
Written by: Thai Law & Accounting Services — attorneys and licensed accountants
Reviewed by: Reviewed by a Notarial Services Attorney registered with the Lawyers Council of Thailand.
Last updated: 2026-08
Information as of August 2026. Government fees and processing times change — verify with the relevant agency before acting, or let our team verify for you.