Employment & Labor Court Litigation
ทนายคดีแรงงาน (ศาลแรงงานกลาง) · § Litigation
What to know before you act
Labour disputes start two ways: a free complaint to a labour inspector (good for unpaid wages or severance) or a claim filed directly in the Labour Court, which mediates before trial. We act for employees and employers — calculating entitlements, gathering payslips, contracts and supervisor chats, drafting claims or defences, attending mediation and litigating to judgment. Foreign employees enjoy Thai labour protections too.
Timing and external dependencies: Mediation may settle at the first hearing; otherwise timing follows the court's schedule.
Official fee: Labour claims are generally exempt from court fees — confirm with the Labour Court.
Timing is not a promise of an outcome or hearing date. Check the notice, limitation period and current authority rules for your matter.
What to send for the first review
Send every relevant page, a dated sequence of events, any hearing or filing deadline, and the outcome you need. This lets counsel identify urgent steps, missing evidence and a precise scope of work.
- Employment contract + handbook
- Last 6 months payslips
- Termination letter and prior warnings (if any)
Legal Basis
Labour Protection Act B.E. 2541 (amended 2562) + Establishment of Labour Court Act B.E. 2522 — labour court filings are fee-free and litigants may appear without counsel.
📚 Official sources — check the current law and procedure before acting
- กรมสวัสดิการและคุ้มครองแรงงาน— Department of Labour Protection and Welfare
- สำนักงานศาลยุติธรรม— Court of Justice
- สำนักงานคณะกรรมการกฤษฎีกา — ตัวบทกฎหมายฉบับทางการ— Office of the Council of State
Who Needs This
Unfairly dismissed employees, staff claiming back OT, employers enforcing non-compete breaches.
Required Documents
- Employment contract + handbook
- Last 6 months payslips
- Termination letter and prior warnings (if any)
- Time records (timesheet, keycard log)
- DLPW mediation minutes
Common Pitfalls
- Signing a resignation or waiver on the spot when called in
- Not keeping evidence of pay and working hours
- Filing with the inspector and the court in parallel without a plan
Typical Use-cases
- Manager terminated with accusations but no prior warning
- Employee claiming 2 years of back OT
- Employer suing ex-staff for launching competing business within 6 months
FAQ
- Dismissed without severance — first step?
- Keep the termination letter and payslips, do not sign a resignation, then choose the right channel with advice.
- We are an employer being sued — what to prepare?
- Contracts, work rules, warning letters and misconduct evidence before mediation.
- Is a lawyer required?
- No, but one helps calculate entitlements and negotiate at mediation.
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Official sources — legal services
The information on this page follows the official sources below. Always check the latest version before you file.
- Office of the Judiciary— Office of the Judiciary
- Ministry of Justice— Ministry of Justice
- Lawyers Council of Thailand — Notarial Services Attorneys— Lawyers Council of Thailand
- Office of the Council of State — Thai law database— Office of the Council of State
- Royal Thai Government Gazette— Royal Thai Government Gazette
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Frequently asked questions
- Can a foreigner own 100% of a Thai company?
- Full foreign ownership is possible for some activities, but there is no blanket permission. Check the Foreign Business Act definition, actual activities, sector-specific restrictions and any required licence or certificate. BOI promotion and treaty rights apply only within their approved scope; they do not automatically confer land rights, visas or work permits. Do not use nominee shareholders. Verify the proposed structure with DBD.
- What is the minimum registered capital for a Thai company?
- Do not apply one capital figure to every incorporation, foreign-business licence, visa or work-permit application. Registered capital and paid-up capital are different, and the applicable requirements depend on actual activities, ownership, permit category and any BOI or treaty conditions. Capital is a company funding requirement, not our service fee. Confirm the relevant criteria with DBD, the Department of Employment and Immigration before choosing the structure. Ask our team for a quotation for the agreed work.
- How long does company registration take?
- Separate document preparation, name reservation, signatures and DBD review from VAT registration, Social Security and bank onboarding. Timing depends on the filing channel, complete documents and any requests for corrections or additional evidence; no completion date is guaranteed. Ask our team for a quotation and a planning estimate after the proposed structure and documents have been reviewed.
- What ongoing accounting obligations does a Thai company have?
- A Thai limited company keeps statutory books and prepares audited annual statements even without trading. Tax returns depend on its payments, VAT status, accounting period and taxpayer category: PND1, PND3 and PND53 are not universal monthly returns for every company, and PP30 applies to VAT-registered businesses, including nil-return months while registration remains active. Check PND50, PND51 and each filing deadline with RD; check annual statements and shareholder filings separately with DBD.