Employment & Labor Court Litigation
ทนายคดีแรงงาน (ศาลแรงงานกลาง) · § Litigation
Quick Answer
Severance 30–400 days + payment in lieu of notice + OT + up to 12 months' unfair-dismissal damages. Mandatory 60-day mediation at DLPW before trial.
Timeline: DLPW mediation 60 days · Labour Court trial 4–8 months · Appeal direct to Supreme Court 6–12 months
Official fee: No court fee · Service fee ~THB 500
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.
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
- Employee must file DLPW complaint within 30 days of dismissal to preserve 15% interest right
- Non-compete beyond 2 years or excessive scope is void
- Probationary staff qualify for severance after 120 days
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
- Must we go through DLPW before suing?
- Optional but faster, free, and DLPW orders are immediately enforceable. Sue only if the employer ignores the order.
- How is severance calculated?
- 120 days–1 yr = 30 days pay · 1–3 yrs = 90 · 3–6 yrs = 180 · 6–10 yrs = 240 · 10–20 yrs = 300 · 20+ yrs = 400 days
- Redundancy from COVID/AI — still owed?
- Yes to statutory severance based on tenure. Unfair-dismissal damages only if the process was non-transparent.
Other Legal Services
Request a quote — Call 083-249-4999 · LINE @NYC168 · contact@ilc.ltd






