Wrongful Termination Case (Labour Court)
ฟ้องเลิกจ้างไม่เป็นธรรม (ศาลแรงงาน) · § Litigation
Quick Answer
File petition (no fee) → mediation → witness examination → judgment 6–9 months · direct appeal to Supreme Court.
Timeline: File–judgment 6–12 months · Supreme appeal 12–18 months.
Official fee: All court fees waived (Labour Court Act §27).
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.
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
- Accepting severance per letter = deemed acceptance · sign 'without prejudice' first.
- 300-day prescription for compensation under §193/34 · file promptly.
- Termination for 'position abolished' without restructuring proof = employee wins.
Typical Use-cases
- CFO terminated 1 day before bonus
- Pregnant employee dismissed (LPA §43)
- Overseas branch relocation without consent.
FAQ
- How is unfair-dismissal damages calc'd?
- Court uses tenure × 1 month + factors · no ceiling · typically 6–24 months.
- Reinstatement realistic?
- Available under §49 · in practice courts usually order damages instead.
- Need a lawyer?
- Not mandatory · but employer usually has legal team · lawyer advised for balance.
Other Legal Services
Request a quote — Call 083-249-4999 · LINE @NYC168 · contact@ilc.ltd






