Wrongful Termination Case (Labour Court)
ฟ้องเลิกจ้างไม่เป็นธรรม (ศาลแรงงาน) · § Litigation
What to know before you act
If you were dismissed without serious misconduct, you may be owed statutory severance by length of service, pay in lieu of notice, unpaid wages and unfair-dismissal damages. We calculate entitlements from your payslips and termination letter and file with a labour inspector or the Labour Court, which charges no court fee.
Timing and external dependencies: The Labour Court pushes mediation at the first hearing and many cases settle there; otherwise witness hearings follow, with timing set by the court.
Official fee: Employees pay no Labour Court filing fee. Limitation periods differ for wages and severance — confirm with the Labour Court or labour department.
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.
- Contract + 3-yr payslips
- Termination letter
- Chat/email evidence
Legal Basis
Labour Court Establishment Act B.E. 2522 · §49 court may order reinstatement or damages · LPA §118, §119, §120 (relocation) · 10-yr contract prescription / 1-yr under CCC §193/34.
📚 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 terminated employees · demoted/relocated staff · executives forced to resign.
Required Documents
- Contract + 3-yr payslips
- Termination letter
- Chat/email evidence
- Job-search proof (damages).
Common Pitfalls
- Signing a resignation or waiver the employer prepared can forfeit severance
- Without payslips, emails or the dismissal message, proving service and wages is hard
- Foreign employees must handle visa and work-permit status after dismissal at the same time
Typical Use-cases
- CFO terminated 1 day before bonus
- Pregnant employee dismissed (LPA §43)
- Overseas branch relocation without consent.
FAQ
- The employer says my performance was poor — is severance still due?
- Poor performance alone is generally not a statutory exemption, unless it falls within the law's cases such as breaching work rules after a written warning.
- Can a foreigner sue in the Thai Labour Court?
- Yes. Labour protection applies to employees of all nationalities, and the court can arrange an interpreter.
- Do you act for employers?
- Yes — pre-termination risk review, warning letters and employer-side representation.
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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.
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- 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.
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- 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.