Every employer and employee fall under the jurisdiction of Labour Protection Act, 1988. This is not the case for government administration and state enterprises. This Act acts as a minimum legal protection for the mentioned parties. This act defines the working hours, holiday, welfare funding, medical or educational leave, overtime, safety and more to protect the labour from exploitation. This Act also contains the rules regarding the end of an employment contract. This act also gives the complete procedure to be followed in case of a wrong dismissal.
There are cases when the employment agreement is made for a defined period of time. In this certain case, the agreement will come to an end on the maturity date. If the agreement is made for an undefined period of time, both the employer and employee are entitled to revoke and end the contract at any time provided that the pay is cleared and fair process is followed. These are both examples of fair dismissal.
Following cases are considered as wrongful dismissals.
If the employer is found guilty of violating the rules of Labour Protection Act, they are entitled to a fine from 5,000 to 20,000 THB or imprisonment of up to one year or both. Mostly, wrongful dismissal can be prevented by following the procedures described within the Act. The employer should give an appropriate term of notice, awarding severance pay or dismissing an employee on valid grounds.
A simple way of resolving the wrongful dismissal from the employee’s point of view is to request the Labour Inspection Officer to investigate the situation at the workplace. They are entitled to collect any required documents as they deem appropriate to settling the case.
If that does not fetch the desired result, the employee can file a complaint with the labour protection officer of the community to investigate the case. After a thorough examination of the case, the Labour Protection Officer notifies both the concerned parties about the outcome of the findings and if the employee deserves any sort of compensation.
Even if the case is not solved at this stage, the employee can file an application with Labour Court and Supreme Court. Although, Labour cases in Thailand do not require a lawyer to assist in the case, however, if you really want the desired results, it is advisable to contact a professional solicitor having adequate knowledge of the Act.
If you are on a quest for a lawyer for your Labour Protection case, contact us now. We are a team of professional lawyers who can help you get the desired outcomes and result.
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