Workplace Harassment Investigation & Response
สอบสวนคุกคามในที่ทำงาน (Harassment / Discrimination) · § Advisory
What to know before you act
When a sexual harassment or bullying complaint arises, employers have duties under Thai labour protection law. A biased investigation risks claims from both the complainant and the accused. We act as independent external investigators — scoping, interim separation, recorded witness interviews, review of chats and CCTV, and a report with disciplinary recommendations aligned to work rules, all kept confidential and PDPA-compliant.
Timing and external dependencies: Depends on witnesses and evidence; start promptly after the complaint.
Official fee: No government fees for an internal investigation; for Labour Court or criminal proceedings, check with the relevant body.
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.
- Complaint filing
- Company policy + code of conduct
- CCTV/access-card logs
Legal Basis
LPA §16 (no sexual harassment) · Gender Equality Act B.E. 2558 · Criminal Code §397 (insult) · employer aware but inactive = CCC §420 liability · written policy mandatory.
📚 Official sources — check the current law and procedure before acting
- สำนักงานคณะกรรมการกฤษฎีกา — ตัวบทกฎหมายฉบับทางการ— Office of the Council of State
Who Needs This
HR receiving complaints · DEI-policy companies · MNCs conducting parent-standard investigations.
Required Documents
- Complaint filing
- Company policy + code of conduct
- CCTV/access-card logs
- Slack/email export.
Common Pitfalls
- Letting the accused's own manager investigate
- Dismissing immediately without a chance to respond
- Revealing the complainant's identity, inviting retaliation
Typical Use-cases
- #MeToo at MNC
- Racial slur in factory
- Bullying by director-level supervisor.
FAQ
- Do small companies need a policy?
- Yes — work rules and a complaint channel prevent issues and evidence the employer acted.
- Can the victim also go to the police?
- Yes, some conduct is criminal, separate from the internal process.
- Can the investigation run in English?
- Yes, we have interpreters in all languages worldwide.
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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.