top of page
  • Writer's pictureAdmin

What Employers in Thailand Should Know About Fix-Term Employment Contracts 泰國雇主需要知道的定期勞雇合約

In Thailand, some employers may think about drafting fix-term employment contracts with employees to avoid paying severance fee, because once the employment is terminated, the employers don’t need to pay severance fee. However, there are some restrictions and precedents from supreme courts that employers should be aware of when making fix-term employment contracts. Following are the important points:


1. The employment contracts can only be used for certain types of work like seasonal work, work for a special project which is not a natural business for a company.


2. The employers and employees can set any length of employment, but the employment agreement must specify the period of employment and the date of termination of employment.[1]


3. The employment should be terminated once the period is ended. The employment period can neither be extended nor be terminated early.


4. Based on Labor Protection Act, a probationary employment should not be considered as a fix period.[2]


There are also some precedents from supreme court, though these precedents are not law, but when lower courts are making judgments, they will be taken into consideration. In following conditions, an employment contract is not considered as fix period:


1. When the term of a contract is longer than two years. (Supreme Court Precedent 2403-2430/2543).

當合約期間超過兩年。(最高法院判決 2403-2430/2543)。

2. When a contract contains a clause that the term of a contract can be early terminated than the prescribe period if an employee has no work to do. (Supreme Court Precedent 888/2527).

當合約有條款指出當員工沒有工作可進行時,合約可提前終止。(最高法院判決 888/2527) 。

3. When a contract contains a clause that enables either party to terminate the employment contract prior than the termination date. (Supreme Court Precedent 5180/2542).

當合約有條款指出雇主及員工任一方可以提前終止合約。(最高法院判決 5180/2542) 。

Therefore, it is important for Thai employers to be aware of the clauses in a fix-term employment contract, otherwise it is possible that the contract becomes illegal.


[1] Judgment of the Supreme Court No. 2648/2544. [2] Section 17, paragraph two of Labor Protection Act B.E.2541.

71 views0 comments

Recent Posts

See All

Employment Warning Letter in Thailand 泰國聘僱警告信


bottom of page