Litigation & legal advisory
Employment Lawyer Thailand: Dismissal, Severance & Evidence
Start by establishing whether the matter is dismissal, resignation or an agreed separation, and which employment rules apply. Document labels alone do not decide rights. Unpaid wages, notice pay, statutory severance and unfair-dismissal remedies are distinct issues. Employee-side and employer-side enquiries are assessed after a conflict check; we do not represent opposing parties in the same dispute.
Dismissed or asked to resign: establish the facts before calculating
| Situation | What to check | Caution |
|---|---|---|
| Received a termination letter | Start and end dates, stated reasons and wage-payment cycle | Separate unpaid wages, notice pay, severance and unfair-dismissal issues rather than one assumed total |
| Asked to resign or sign a settlement | Who proposed it, voluntariness, each payment and release wording | Request a copy and time to read. Do not sign blank papers; retain the actual correspondence |
| Probation or a fixed-term contract | Actual work, continuous service and contract terms | A probation or temporary label does not remove every entitlement; review the facts and statutory exceptions |
| Employer considering dismissal | Grounds, records, work rules, warnings and payment calculations | Check conflicts before engagement. Never back-date evidence or assume a warning eliminates severance |
What to prepare and how to preserve it
- Build a chronology of hiring, role changes, warnings, dismissal and receipt of papers. State whether you seek a claim assessment or employer-side advice.
- Retain every contract, payslip, transfer, time record, warning and termination letter, plus complete dated messages. Do not alter records or access another person's account without authority.
- Separate money already paid from disputed items. Provide the other party's calculation and any release agreement; do not assume gross monthly pay is the basis for every right.
- Identify the parties for a conflict check and confirm a safe document channel. Never send passwords or OTPs. An enquiry is not acceptance of the engagement or a filed complaint.
Official resources and advice boundaries
- Department of Labour Protection and Welfare — rights and contact channels
- DLPW electronic services
- Court of Justice — court and proceedings information
Content updated 8 October 2026 · General preparation guidance. Employee status, sector-specific rules, exceptions and current law require case-specific review. No recovery or outcome is guaranteed.
Work we accept
- Review employment status, service, wage basis and exceptions before assessing severance
- Separate unpaid wages, overtime, notice pay and applicable leave entitlements
- Assess dismissal grounds and unfair-dismissal issues independently of severance
- Review resignation papers, separation agreements and payment or release wording
- Assess inspector or Labour Court routes and applicable deadlines
- Organise evidence and claims for negotiation, mediation or proceedings within scope
- Review employer contracts, work rules, warnings and investigation procedures
- Review foreign-employee issues and coordinate work-permit matters as agreed
What we do not do
- Back-dated or fabricated evidence, or coercion to resign
- Guarantees of recovery, orders, outcomes or the other party’s ability to pay
- An initial enquiry is not an engagement, a filed complaint or a suspension of deadlines
Documents to prepare
- All contracts, start date, renewals and actual duties
- Payslips, transfers, time records and breakdown of payments
- Dismissal letter, warnings, work rules and investigation records
- Resignation, separation or payment-and-release documents if any
- Complete messages and emails, plus dates of receipt of official or court papers
- Relevant work-permit or benefit documents only as necessary
How the matter proceeds
1.Establish status and key dates
Review employment, termination grounds, receipt dates and deadlines for each right or order
2.Separate rights and calculation bases
Separate payments from claims; check service, wage bases and exceptions rather than one assumed total
3.Choose a route and agree scope
Check jurisdiction and the interaction of routes before filing; agree fees and deadline responsibilities in writing
4.Negotiate or proceed
Prepare evidence, proposals and settlement terms; if unresolved, assess filing and hearings on the facts
5.Follow up compliance
Retain payment and resolution records; assess enforcement if needed. A judgment does not guarantee recovery
Courts and authorities involved
- Competent labour inspector for relevant Labour Protection Act rights
- Labour Court with jurisdiction; check workplace, parties and claims before filing
- Social security or compensation authorities for benefits within their remit
Before you decide
- Do not assume resignation removes every right or dismissal always attracts severance; voluntariness and exceptions matter
- A warning does not automatically justify dismissal without severance; grounds, legality and evidence require review
- Time limits differ by right and order received. Do not use one deadline for every claim or assume negotiation stops time
- Check sector-specific rules, contractor status and foreign-worker issues; work authorisation and employment rights are distinct
Frequently asked questions
How much severance is payable?
Check employee status, continuous service, the relevant wage basis and exceptions against current law. Notice pay and unfair-dismissal remedies are assessed separately. Provide contracts, payslips and the termination letter rather than relying on a salary label.
Are severance and unfair dismissal the same?
No. Statutory severance depends on legal conditions and exceptions; unfair dismissal concerns the grounds and circumstances for judicial assessment. Payment of severance does not establish fairness, and an allegation does not prove an exception.
Is notice pay always one month?
Do not assume one month in every case. Review the contract, wage cycle, notification and termination dates, and any exceptions. Notice pay is distinct from severance; paying in lieu does not automatically resolve other issues.
Do probation or fixed-term staff have no rights?
No. The contract label does not remove every right. Review continuous service, actual work and any fixed-term statutory exception. Wages, notice and severance need separate checks; renewal does not necessarily restart service.
What if I am asked to resign or sign a release?
Request a copy and time to read. Check effective dates, voluntariness, each payment and release terms; retain evidence of the proposal or pressure. Do not sign blank papers. The effect depends on wording and facts, not a blanket rule that every right is lost or preserved.
Inspector or Labour Court: how do I choose?
Start with the claimed right and each authority’s powers. Statutory payment complaints and unfair-dismissal matters are not identical. Disclose all existing complaints, orders and cases so the interaction of routes and applicable deadlines can be assessed.
Does a warning eliminate the employer’s severance obligation?
Not automatically. Review the grounds, lawful rules or instructions, warning details, receipt and actual events against the applicable exception. Do not back-date papers or treat poor performance as a universal severance exception.
What are the fees and first-enquiry requirements?
State which side seeks assistance, identify the parties and provide key dates and documents for a conflict and scope check. Legal, translation and other costs are itemised in writing before work. Confirm official fees or exemptions for the chosen route; recovery is not guaranteed.
Related services
Other practice areas
Next step
Send the documents you hold with a short chronology. The responsible attorney will assess the case, the limitation period and the realistic options, then quote in writing before work begins. We do not guarantee outcomes.
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