Termination on Invalid grounds

This situation points to a scenario where the employee has cancelled employment of an individual or has discharged them in a way that is in conflict with the employment law of the country where the employment has taken place. In order for the laid off individual to take legal action on the grounds of wrongful termination, the employee has to provide valid proof that at least one of his or her employee rights were infringed by the employer during the employment cancellation process.

As a general rule, the employer has the right to terminate or lower the rank of an employee without providing any reason or vindication. That being said, the employer is bound to pay a sufficient amount in form severance payment if this action is taken place without providing valid or just explanation. When it comes to how Thailand’s labor court views these cases, they usually pay attention to whether the termination has happened due to employees lack of performance or inappropriate actions that were directly or indirectly damaging to the business, the other coworkers or any other aspects of an organization. If any of the following conditions is applied to the case, then the employer is not bound to pay any form of severance pay to the laid off employee:

  • Intentional falsehood in performing tasks and duties
  • Any form of criminal action against the employer or the company
  • Intentionally harming the employee or the business
  • Unjustified negligence in performing duties that cause damages to the business
  • Breaking any rules in place at the employment environment
  • Duty negligence for at least three consecutive days without any valid reason
  • Prison Sentences with exception to significant offences or crime committed out of carelessness or negligence

As a general rule, the employer has the right to terminate or lower the rank of an employee without providing any reason or vindication. That being said, the employer is bound to pay a sufficient amount in form severance payment if this action is taken place without providing valid or just explanation. When it comes to how Thailand’s labor court views these cases, they usually pay attention to whether the termination has happened due to employees lack of performance or inappropriate actions that were directly or indirectly damaging to the business, the other coworkers or any other aspects of an organization. If any of the following conditions is applied to the case, then the employer is not bound to pay any form of severance pay to the laid off employee:

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