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Learn more about lawyer for employment in Thailand
Thailand’s economy is dynamic and vibrant, with numerous opportunities for businesses and employees. However, like any other country, there are laws and regulations that govern the relationship between employers and employees. Therefore, it is essential that employers and employees in Thailand appreciate employment law with the assistance of a lawyer for employment to ensure compliance, safeguard their rights, and create an enabling working atmosphere.
Table of Contents
◊ What are the regulations concerning lawyer for employment in Thailand?
The legal profession in Thailand is governed under the Lawyers Act of Thailand B.E. 2528 and its amendments. There are no specific regulations solely for the lawyer for employment legal services. However, lawyers in Thailand are regulated by the Lawyers Council of Thailand that enforces payment and professional ethics among Thai lawyers. The following factors outline the requirements necessary for any individual to practice as a lawyer in Thailand. . For one to practice as a lawyer in Thailand, one must meet specific qualifications and fulfill the requirements below:
- Educational Qualifications : The lawyer must be of Thai nationality; possess a law degree from a reputed university, either in Thailand or overseas and also have achieved a one-year internship at a well-recognized legal institution or registered law firm.
- Professional Training : The candidate should have completed a professional training program at the Thai Bar Association, which involves reputable and informative combination theoretical and practical work to qualify.
- Bar Examination : The candidate must have taken and passed the bar examination administered by the Lawyers Council of Thailand.
- Membership and Licensing : Once the qualified lawyer passes the bar examination, he/she is eligible to become a member of the Lawyers Council of Thailand and liable to practice .
Upon successful registration and licensing, lawyers in Thailand can provide legal services in different fields, including serving as a lawyer for employment. They can represent clients, give legal advice to clients under any conditions and provide representation to clients in an employment matter or cases. Therefore, a client seeking legal assistance in any employment matter should ensure he/she seeks a qualified employer lawyer. Since there is no specific legal provision that regulates lawyers for employment, the Lawyers’ Act and the Council ensure lawyers adhere to ethical conduct when offering legal services.
◊ What law applies ?
The Thailand’s key employment law source is the Labor Protection Act B.E. 2541 and several subsequent amendments. This law outlines the rights and responsibilities of employers and employees while setting the minimum standard for employment matters and employment contracts, working hours, wages, leaves, and termination procedures, among other things.
Some of the issues covered by the Labor protection act include: employment contracts, working hours, rest, leave, and minimum wages, employee benefits, among others.
Apart from the Labor Protection Act, Thailand’s several other laws and regulations cover some employment aspects. They include :
- The civil and commercial code, social security act, foreign employment act, thoroughly protect the persons and organizations that misuse securities and exchange act 1966 and other Thailand Act, among others.
- Others include several laws and regulations such as discrimination and harassment, social security act and several other assorted issues.
Therefore, when seeking legal advice or advice concerning labor laws in Thailand, particularly on employment law matters, one should look for an employer lawyer. They can give an insight into the applicable laws while helping ensure compliance with Thailand’s labor law, including the Labor Protection Act. Such lawyers address critical employment matters based on the prevailing circumstances, thus help protect the interests and rights of the concerned parties.
◊ What are the requirements ?
There are no specific requirements in Thailand that exclusively regard a lawyer for employment matters. However, for one to qualify for practice in law, they must meet the following requirements in general as a lawyer:
Educational qualifications: All lawyers in Thailand should have a law degree from a Thailand university or any other institution abroad. The degree must be from an accredited program by the Lawyers’ Council of Thailand.
Professional training: Candidates in law should undergo one year of internship at a registered law firm or law institute after the completion of a bachelor’s degree. This facilitates practical training in several areas to create exposure.
Professional training program: This is a post-internship training program under the Thai Bar Association. The training is focused on enhancing legal expertise, skills, and professional conduct. It has theoretical and practical aspects.
Bar examination: After completion of the professional training, candidates have to pass the bar examination that is administered by the lawyer’s council of Thailand. This is also an examination of understanding Thailand law and legal procedures.
Membership and licensing: Successful completion of the bar examination allows one to apply for membership with the Lawyers Council of Thailand. After the council’s approval, one is granted a license to practice law in Thailand.
It is essential to note that lawyers in a particular professional field, such as employment matters, may have more qualifications in that extra area. This additional expertise can be gained through further studies, experience, or training in the area related to the employment matter.
One should engage an employer lawyer who thoroughly understands Thailand’s specific legal requirements, regulations, and practices on employment relations. The lawyer can advise on matters such as employment contracts, labor compliance, dispute resolution, and other relevant fields to protect their client from exploitation and other vulnerabilities.
More Informations about Lawyer for employment
An employee may require a lawyer for many employment-related reasons. The following are some of the common instances when an employee may consider engaging a lawyer:
- Negotiating an employment contract : an employee might need a lawyer to protect their right and interest. The lawyer will assist in identifying any unreasonable terms, and favorable offers and impacts and clarifying the contract .
- If an employee is discriminated or harassed on the basis of gender, age, race, religion, and disability, a lawyer would provide legal advice on rights to collect and analysis evidence, fill in the complaint to run legal action.
- If an employee is unfairly terminated or wrongfully terminated, a lawyer can review the compliance and employment agreement and find any legal grounds for the claim. The lawyer will represent the employee rights, mediate, and fight for the deserved payment.
- If an employee is underpaid, denied their wages and overtime, and other hourly pay rule violations, get a lawyer to guide people on rights, calculations and take on payments, recover the unpaid x, and pay the damages.
- If they are unsafe at the workplace and cause hazards, a lawyer will provide their legal expertise and assist the employee in understanding how to get legal actions to solve the case.
- If the employee wants to report the employer, this lawyer will assist in opening the procedure to protect the shield right.
- If the employee has disputes and case dangers and the workers, these lawyers will provide guidance and ensure they consider those in the legal approach. Therefore lawyers are important in every stage of an employee working place and ensure the rights are observed and compensation is rendered as agreed.
Employment law due diligence involves the comprehensive review and assessment of employment-related matters by an employer or the legal representatives of the employer.
In essence, the goal of employment law due diligence is to thoroughly assess an employer’s employment practices, policies, and procedures, as well as, identify areas of potential legal risks and liabilities.
Employment law due diligence largely focused on the legal risks and liabilities associated with the employer-employee relationship. Some of the typical employment due diligence aspects may include:
- Due diligence on employment contracts reviewing an employer’s contracts of employment and offer letters to determine whether they comply with the law, record key terms and conditions of employment and define the parties’ respective rights and obligations
- Due diligence on compliance with labor laws determining an employer’s compliance with labor law, including the Labor Protection Act, minimum wage requirements, working hour limits, entitlements to leave, and workplace health and safety
- Due diligence on the classification of employees determining whether an employer correctly categorizes its workers as full-time, part-time, or independent contractors and pays wages and benefits accordingly
- Due diligence on workplace policies and procedures : reviewing an employer’s policies and procedures on harassment and equal opportunity, code of conduct, disciplinary and dismissal procedures, and the process for handling grievances
- Due diligence on employee benefits and compensation
- Due diligence on the maintenance of records and documentation
- Due diligence on intellectual property , confidentiality, and non-compete agreements
- Due diligence on employment dispute and protection orders
Many employment situations do not require a lawyer for employment. However, some conditions necessitate this course of action and recommend it to the parties involved.
The support of a lawyer on employment matters depends on the complexity of the issue, the risks involved, and the specific needs of the concerned parties.
Most people hire a lawyer for employment when they got complex issues. Unless the parties are fully conversant with the law on their respective cases, having an employment lawyer is always the best option.
The lawyer thoroughly analyses the situation, enlightens their clients on what the law states and keeps an individual informed on how the case is going on. The lawyer always assists clients to push for their right through the court process. This support enables the involved parties to pursue a fair settlement and hire a lawyer to negotiate their settlement seems a good option.