Lawyer for Employment in Thailand
Benoit & Partners, employment law expertise for employers and employees
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.
Our team accompanies every employment matter from start to finish: contract negotiation, compliance, dispute resolution and litigation. A dedicated point of contact, and an approach grounded in Thailand’s Labor Protection Act.
Why choose us
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 for Employment must be of Thai nationality, possess a law degree from a reputed university (in Thailand or overseas), and have completed 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, combining theoretical and practical work.
- 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, they are eligible to become a member of the Lawyers Council of Thailand and entitled 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 and provide representation in employment matters or cases. Since there is no specific legal provision that regulates Lawyer for Employment, the Lawyers' Act and the Council ensure lawyers adhere to ethical conduct when offering legal services.
What law applies to Lawyer for Employment?
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, the Social Security Act, the Foreign Employment Act, and other Thailand Acts that thoroughly protect persons and organizations, including those that address misuse of securities under the Securities and Exchange Act of 1966, among others.
- Other laws and regulations, such as those addressing discrimination and harassment, the Social Security Act, and several other assorted issues.
Therefore, when seeking legal advice concerning labor laws in Thailand, particularly on employment law matters, one should look for an employer lawyer. They can give 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 helping 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:
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 Information
Answers to common questions employers and employees ask about employment law in Thailand:
An employee may require a Lawyer for Employment 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, collect and analyze evidence, fill in the complaint, and 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’s rights, mediate, and fight for the deserved payment.
- If an employee is underpaid, denied their wages and overtime, and other hourly pay rule violations occur, a lawyer can guide them on rights, calculations and back payments, recover the unpaid amounts, and pursue damages.
- If they are unsafe at the workplace and hazards are present, a lawyer will provide legal expertise and assist the employee in understanding how to take legal action to resolve the case.
- If the employee wants to report the employer, the lawyer will assist in opening the procedure to protect the employee’s rights.
- If the employee has disputes and case dangers with 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’s working life 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 focuses 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 disputes 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 have 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 analyzes the situation, enlightens their clients on what the law states and keeps an individual informed on how the case is going. The lawyer always assists clients to push for their rights through the court process. This support enables the involved parties to pursue a fair settlement, and hiring a lawyer to negotiate their settlement seems a good option.
An employment matter in Thailand?
Our employment lawyers secure every step — first consultation free.