If the employment contract does not set the duration of the contract, both employers and workers have the legal right to terminate the contract after prior notification. The minimum notice period must be at least one week instead of more than three months. However, in certain circumstances, an employer may dismiss an employee without notice or compensation due. For example, when a worker deliberately leads the employer to losses; fails to perform its obligations honestly or commits an offence against the employer or any other worker. From a Western perspective, it seems strange that Thai law grants money to employees who do not fulfill their obligations. Under UK labour law, there is no reason to compensate for an employee`s failure, she said. In conclusion, both employers and workers should take care to protect their respective positions when their working conditions are changed. Employees, in particular, should ensure that all negotiated amendments are made in writing and that any complaints they may have with the company`s proposed changes to employment contracts are filed. If you need legal advice regarding Thai labour law, especially for implied consent or modification of a working conditions agreement, please contact us through Woraset And Partners Co., Ltd., Tel: 081-6157504 or 081-4857939 , e-mail: email@example.com or Jareewans@gmail.com In Thailand, a trade union is called a “trade union” which can be established under the LRA to acquire conditions of employment and to protect and protect and promote the employer-worker relationship and between employees. At least 10 workers of Thai nationality belonging to the same employer or type of work may form a trade union and at least two trade unions may form a trade union confederation and must register trade union rules with the Ministry of Security and Social Welfare. When selling assets, the new employer must accept all the rights and obligations that workers have towards the former employer and grant workers the same benefits and rights, for example. B years of service. While collective agreements exist, collective agreements remain in force and bind both workers and the asset purchaser as a new employer.
During the duration of an employment contract, the worker`s working conditions can vary considerably, for example. B a worker could be promoted, downgraded, increased, posted to a new role or otherwise adapt his or her responsibility at work to the needs of his or her employer. Since a current employment contract may be in force for a long period of time, its provisions may need to be amended to take account of these different circumstances, but this need for amendment raises an important legal question as to how such amendments to an employment contract may be compatible with Thai labour law. In so far as the reason for dismissal is not one of the grounds referred to in Article 119 of the AGREEMENT, the employer must dismiss the worker in the event of dismissal or, in the event of termination of the employment contract, make payments instead of notice. Severance pay is also required for dismissal without justification. There are ways to do that. First of all, it should be noted that an employment contract applies to both full-time and fixed-term workers, since full-time workers usually have contracts. Even if there is no written contract, there is a tacit or accepted contract between an employee and an employer that defines the relationship. .