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Thai Law Insights

Some Legal Insight for Sacked Foreign CEOs

Supanut Saenewong Na Ayudtaya

supanuts@csbc-law.com

Many foreign employees or CEOs who must work far from home and have been let go from their respective companies for any reason whatsoever, have two avenues in which to pursue settlement of the termination. Under Thai labor Law, the employee can submit a request to a labor inspector to investigate the dispute, in which the labor inspector has the authority to order an employer to pay severance pay or any payment in lieu and other statutory monies that rightfully belongs to the employee. The labor inspector’s scope of authority is limited only to deciding what statutory monies should be paid out to the employee, they cannot consider damages from unfair termination which will not allow the employee to recover the full range of damages in which they might be entitled to under the law. The labor inspector’s investigation does not delve into complex details of a labor dispute whereas lawyers are especially trained to identify and promulgate specific types of damages.

Alternatively, it will be better if the employee goes directly to the Labor Court as long as they have competent representation in which to bring the claim to the Court. If the employee goes directly to the Court, the Court has a much larger scope in which to adjudge damages from and considers all types of damages that are available under the law. Therefore, to get the best results and to have the best strategy in a labor dispute, especially for foreign CEO’s, a lawyer is needed.

So, if you are a CEO who has been terminated and wish to return home with their rightfully owed money package, it wise to prepare and consult with a competent lawyer to advise and set out the strategy to prevail in court.