BHUMIBOL ADULYADEJ, REX. Whereas the Employer terminates the employment of an Employee under Section 121 and such Employee has worked for uninterrupted period of more than six years, the Employer shall pay Special Severance Pay in addition to Severance Pay under Section 118 of not less than the Employee’s last rate of Wages for fifteen days for each year of employment or of not less than the Employee’s Wages for the last fifteen days for each year of employment for an Employee who is paid on a piece-rate basis. Under Thai labor law no. if the employee has worked for an uninterrupted period of ten years or more, he or she shall be entitled to receive payment of not less than his or her last rate of Wages for three hundred days, or if not less than his or her Wages for the last three hundred days for an Employee who receives Wages on a piece-rate basis. You believe what the schools tell you and you are afraid to question them so you can stay in the Land of Smiles. In the case the employee has worked continuously for six years or more, the company shall pay special severance pay in addition to the severance pay under Clause 8.1, in an amount of not less than the basic pay received for the most recent 15 days, for each complete year of work; or not less than the basic pay received for the most recent 15 days for each complete year of work in the case of an employee who receives his basic pay based upon his output, but the total severance pay shall not, in the aggregate, exceed 360-day basic pay at the most recent rate or not exceed the basic pay for the last 360 days in the case of an employee who receives his basic pay based upon his output. New amendments to Thailand’s Labor Protection Act have addressed this issue by introducing a retirement regime for the Thai private sector employees, placing severance obligations on employers, enhancing protection for employees, and creating a more effective framework for enforcement of labour laws. Severance pay is a matter of agreement between an employer and an employee (or the employee's representative). The Employee has the right to submit an application to the Labor Welfare Committee within thirty days from the date of the relocation for consideration that the case is whether the Employer shall be required to notify in advance or the Employee has the right to terminate the Contract of Employment with an entitlement to Special Severance Pay under paragraph one. Home » Labor Protection Act » Severance (Sections 118-122). « Suspension (Sections 116-117) THAI LABOR LAWS Labor matters are generally governed by the Labor Protection Act B.E. ... Review a list of federally regulated industries and contacts for provincial and territorial ministries of labour. By Chusert Supasitthumrong, Tilleke & Gibbins. Siam Legal International does not claim any rights over the republication of Thai laws within this website. CONTENTS Page Labour Protection Act B.E. Abortion in Thailand: A New Law Coming into Effect, Working in Thailand as Foreign Entrepreneur, Guidelines to Operate Professional Service Business in Thailand, Thai Limited Companies: Shareholder Meetings. Whereas the Employer terminates the employment of an Employee under Section 121 and such Employee has worked for uninterrupted period of more than six years, the Employer shall pay Special Severance Pay in addition to Severance Pay under Section 118 of not less than the Employee’s last rate of Wages for fifteen days for each year of employment or of not less than the Employee’s Wages for the last fifteen … Severance Pay Ontario. Recent Key Updates in Thailand Labour Protection Law The Labour Protection Act BE 2541 (1998) (the “LPA”) has been periodically amended.The recent key amendments were made by the Labour Protection Act (No.6) BE 2560 (2017) and the Labour Protection Act (No.7) BE 2562 (2019), which became effective from 1 September 2017 and 5 May 2019, respectively. Help is at hand × The National Legislative Assembly has announced the new entitlements shall be effective from 24 February 2019, subject to the publication of the law in the Royal Gazette. Severance pay is often granted to employees upon termination of employment. December 4, 2010. The termination because of improvements to the working unit, production, distribution or service processes arising from the utilization of machinery or a change of machinery or technology, and which is the cause of the reduction in the number of the employees. The company shall act the following: Where an employer relocates its place of business, and the relocation materially affects the ordinary course of living of the employee or his family, the company shall act the following: The company shall send notification to the employee to be terminated, of the date of termination of employment, the reasons for terminating the employment and name(s) of employee(s) to be terminated at least 60 days in advance of the employment termination date. An employee whose employment is stipulated in a contract set for a definite periodand the employment is terminated at the end of that period, if this form of employment is in compliance with the Thai labour laws and regulations (Section 118 of the Act). So you think it is all fun and games. Such work shall be completed within a period not exceeding two years and the Employer shall make a written contract with the Employee at the beginning of the employment. if the Employee has worked for an uninterrupted period of one hundred and twenty days but less than one year, he or she shall be entitled to receive payment of not less than his or her last rate of Wages for thirty days, or of not less than his or her Wages for the last thirty days for an Employee who received Wages on a piece-rate basis; if the employee has worked for an uninterrupted period of one year but less than three years, he or she shall be entitled to receive payment of not less than his or her last rate of Wages for ninety days, or of not less than his or her Wages for the last ninety days for an Employee who receives Wages on a piece-rate basis; if the Employee has worked for an uninterrupted period of three years but less than six years, he or she shall be entitled to receive payment of not less than his or her last rate of Wages for one hundred and eighty days, or if not less than his or her Wages for the last one hundred and eighty days for an Employee who receives Wages on a piece-rate basis; if the Employee has worked for an uninterrupted period of six years but less than ten years, he or she shall be entitled to receive payment of not less than his or her last rate of Wages for two hundred and forty days, or if not less than his or her Wages for the last two hundred and forty days for an Employee who receives Wages on a piece-rate basis; or. Employment with a definite periodis allow… Pregnant women cannot be dismissed for pregnancy. Where the Employer brings the case to court, the Employer is required to deposit money with the court equal to the amount to be paid to the Employee who submits the application under paragraph three prior to file the case. Previously, the law was silent on the issue and employers had discretion to set their own retirement policy. 2) Dismissal based on business reasons: The Department of Labour Protection and Welfare February B.E. 2. According to Thai labour law an employee must be given notice of termination at least one pay period or one month in advance of termination. Given on this 12th day of February B.E. Transcript of the above video: ... there may be statutorily required severance pay that may be due to that individual. If employed more than three years, but less than six years, employees are entitled to severance pay equal to six months' salary. 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