What Thai Employers Should Know about Probationary Period 泰國雇主應該知道的試用期
When an employer in Thailand is planning to hire a new employee to join the company, it is common practice that the employer will set a probationary period, so the employer has time to evaluate the skills and knowledge of an employee. However, under Thai Labor Protection Act, there is neither definition nor regulations about probation. Probation is just an employment agreement between an employer and employee in Thailand. Employee under probationary period is still entitled to receive benefits as a normal employee under Thai laws.
Following are a few things about probationary period in Thailand:
A. Normally the probationary period is no longer than 119 days to prevent severance pay
According to Section 118 of Labor Protection Act, if an employee has been working for more than 120 days, the severance pay should not be less than 30 days. Therefore, in order to avoid paying severance pay to an employer, Thai employer will set the probationary term no longer than 119 days. However, if termination is based on Section 119 of Labor Protection Act, an immediate termination is allowed which the severance pay is not required.
B. There should be 30 days advanced notice when an employer decides to terminate the employment relationship
Based on Thai Civil and Commercial Act and Thai Labor Protection Act, an advanced notice is required when an employer wants to terminate the employment relationship early. According to Section 17 of Labor Protection Act, where the employment period is not specified in the contract of employment, an employer or employee may terminate the contract by giving advance notice in writing before any due date of wage payment in order to take effect on the following due date of wage payment. Nevertheless, for contract workers, advance notice is not required as the contract of employment shall expire upon completion of the period specified in the contract.
If an employer failed to inform the employee at least 30 days in advance, then Labor Protection requires the employer to pay penalty for short notice equivalent to 1 month of salary.
 Section 17/1 of Labor Protection Act.
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