IBC泰國法律金融會計事務所International Business Consultancy

Employment Warning Letter in Thailand

泰國聘僱警告信

In Thailand, a warning letter is issued by an employer which he/she remains an employee of the facts of which the employee is accused and ask the employee to put its employment to the end. According to Thai law, employee who receives several employee warning letters may be subject to dismissal for misconduct. Hence, the employer will be able to terminate the employment without paying severance pay if there is evidence of misconduct.

在泰國，雇主會就員工被指控的事實發出警告信，並要求員工終止這些行為。根據泰國法律，收到多封員工警告信的員工可能會因不當行為而被解僱。因此，如果有不當行為的證據，雇主將能夠終止僱傭關係而無需支付資遣費。

Below are common prevalent warning scenarios encountered by Thai and non-Thai employees in Thailand, such as:

以下是泰國和非泰國員工在泰國遇到的常見警告場景，例如：

• Failure to meet job commitments;

未能履行工作承諾;

• Being often late; being absent from work without authorization;

常常遲到；擅自曠工;

• Disclosing sensitive information;

洩漏敏感訊息;

• Violating health and safety policy;

違反健康與安全政策;

• Violating drug and alcohol policy;

違反毒品和酒精政策;

• Stealing corporate property;

盜竊公司財產;

• Threatening coworker.

威脅同事。

As the warning must be recorded, a registered letter is preferred and more professional. However, such warning letter is only enforceable in this respect for a maximum of one year from the date on which the employee committed the offence. Repeat the same mistake for the second time within a year can terminate the employment.

因為警告必須記錄下來，所以掛號信是首選，也更專業。然而，警告信在這方面的有效期限最多為員工犯錯之日起一年。一年內第二次犯同樣錯誤可以終止僱傭關係。

Although Thai Labor Protection Act does not prescribe the format of the warning letter, some Supreme Court judgements indicate that a warning letter must include the following:

雖然泰國勞動保護法沒有規定警告信的格式，但最高法院的一些判決表明警告信必須包括以下內容：

1. A description of the nature of the employee’s disciplinary action which was considered as in breach of the company’s work rules and regulations; and

描述員工被視為違反公司工作規章制度的紀律處分的性質；和

2. Clearly state that if the employee repeats the same disciplinary action again, the employment will be terminated without severance pay and advance notice.

明確規定，如果員工再次重複同樣的紀律處分，將終止僱傭關係，且無需支付資遣費並提前通知。

Furthermore, the employer should ask the employee to sign the warning letter as an acknowledgment. The employer can read the letter to the employee and ask 2 witnesses to sign the letter to confirm that the letter has been read and the employee refuses to sign. A letter from the employee acknowledging violations does not constitute a warning letter.

此外，雇主應要求員工簽署警告信作為確認。雇主可以向員工宣讀這封信，並要求 2名證人在信上簽名，確認該信已被閱讀且員工拒絕簽署。員工承認違規行為的信件並不構成警告信。

When the employer relocates its place of business in a way that essentially affects the normal living of an employee, the employer must notify the employee of the relocation at least 30 days in advance or pay an amount in lieu of the advance warning of 30 days’ wages. If the employee refuses to move and work in the new location, the employee has the right to terminate the employment contract within 30 days as from the date of being informed by the employer or the date of relocation, as the case may be. In this regard, the employee is entitled to receive a special severance pay at the rate of not less than the rate of severance pay. However, if the employee does not want to go to work, the employee has the right to terminate the employment contract by receiving compensation, according to Section 118 of Labor Protection Act B.E. 2541.

當雇主搬遷營業場所並嚴重影響員工正常生活，應至少提前30天通知員工，或支付一定金額以代替提前提前通知的30天薪資。若員工拒絕搬遷到新地點工作，員工有權自雇主通知之日或搬遷之日起30內解除勞動合約。員工有權以不低於資遣標準的標準領取特別資遣費。然而，根據佛曆2541年《勞動保護法》第118條，如果員工不想上班，員工有權透過獲得補償來終止勞動合約。

IBC International Consultancy is a Law, Finance, and Accounting firm located in Bangkok, Thailand. With Experienced lawyers, accountants, and financial advisers, we provided services including investment, tax, and legal consultants in Thailand. Should you have any questions, please do not hesitate to contact us via Line: @ibcfirm for further information.

IBC泰國法律金融會計事務所 (International Business Consultancy) 為一間位於曼谷的泰國法律金融會計事務所，由經驗豐富的律師、會計師、及財務顧問組成，可提供泰國投資、泰國稅收及泰國法律諮詢等服務。如果有什麼問題，可以隨時通過Line: @ibcfirm與我們聯繫。