Employment Notice Period

Most businesses, large or small, employ people to work for them. To reduce the risk of having someone unfit employee, the employer has an agreement with the employee that he / she must undergo a probationary period or the working rules of the employer require an employee to subject to probation. At the end of the probationary period, the employee will be assessed if the employee has passed probation. If the employee has passed probation, he / she may continue working for the employer. If the employee does not have the training, the employer informs the employee of this page and he / she can not continue working.

In most cases, the employee who does not pass probation was legally entitled to a minimum notice period of her / his termination. How long is this period of minimum notice before? For example: XZZ Khun A Company Limited employees working for the company as sales manager. In the employment contract, it is stated that there a probationary period of 119 days. Wages will be paid to Khun A on a monthly basis. If XZZ Company Limited has decided September 20, 2008, Khun A does not pass probation due to poor work performance. XZZ notifies Company Limited (written notice) Khun To September 20th and the last day of Khun A Job October 30 October not 19. The termination shall take effect from the date of payment wages. Under labor law, the minimum period of notice before dismissal XZZ Company Limited shall provide Khun A.

If Company Limited XZZ think it will be better for business if one Khun leave immediately, then Khun XZZ must compensate A for all the wages they are entitled to up its last day October 30 and ask whether employment Khun A to leave immediately.

New amendments to the Law on Labour Protection have expressly stipulated that the trial period is not an employment contract with a fixed period of employment. An employment contract with a fixed period of employment deem it unnecessary to give notice prior to termination. The employment would end on the last day of the period of employment. A period of probation is not considered an employment contract with a period of steady employment because if an employee has passed probation, the employee will be able to continue working.

Tip

The employer must provide notice before terminating the employee (ie adhere to the legal minimum requirement). Also, before concluding an employment contract with an employee, the employer must consider the contract terms carefully. Conditions particularly on the nature of work and payment of wages.

** Written by David Tan. David is a professor of business law at the University of Asia and author of "An Introduction to Thai Business Law (Second Edition), available online at www.chulabook.com. In Bangkok, the book is available at Kinokuniya bookstores and all Asiabooks. Any questions or comments should be sent to legal advice services to businesses: blas.inter @ yahoo.com