Resigning from Employment contract (definite term) and compensation?

[Ook]

Dear ThaiVisa members & community,

 

 

Not sure if this topic is in the right group here, but was hoping to receive some info and advise on the following case;

 

I have signed an employment agreement with my employer for a definite term of 12 months (the term). There's a provision allowing me to resign before the end of the term with a 30 days written notice.

 

I would like to know if there's any provision in Thai labor law that in case the employee decides to resign before the contract expiration date that the employee needs to pay a compensation to the employer for breaking the employment contract with definite term?

 

So in my particular case what would happen when I decide to resign after 4 months of employment? Do I need to pay my employer the remainder of the 8 months salary until my the contract expires? Or do I just give a 30 days written notice and no compensation to be paid to employer for  'breaking the contract'?

 

Thanks and best regards,

 

Ook

[johnnybangkok]

In a nutshell, no. There are no consequences for contractors (which you essentially are) to pay back for non-completion of contract - unless of course they paid you in advance for the whole period (which is highly unlikely).

 

In Thailand, the onus of compensation for non-completion of contract lies squarely with the employer who has to give you notice and pay (usually a month) if THEY cut the contract.

 

NB - Just do the right thing. If you are having to leave your contract early then you should try and talk to the employer. Most companies are pretty good with this sort of thing and as long as they get notice, will accommodate. However, if you've heard stories of them not paying people and the likes, then it's a different story.

 

 

[FritsSikkink]

"There's a provision allowing me to resign before the end of the term with a 30 days written notice."

So not a problem, you get paid for the months you work and that's it.