I hired a gardener/driver on the 4th of this month - he has consistently underperformed. Coming late, taking extra long lunch breaks, using the business car for his personal use. In addition he works extremely slowly taking long breaks for chats on his phone. After 1 month he still cannot be relied on to collect or return customers in our taxi service - a key role for his job. He's been told that he has until the end of the month to get his act together - all the signs show that this isn't going to happen and I will need to ask him to leave. Is there a requirement of notice that I have to give for staff who have worked less than 1 month?

Thanks

To cover yourself you should have given vebal warning and then a written warning in which he has signed to acknowlege the written warning

Unless you have some sort of signed contract with him for employment you do NOT need to give him any notice at all. Accourding to Thai Labor Laws even if you have a contract they normaly stipulate a probationary period which is used for just this reason, to see if the employee can perform his duties and if not then there is no leagal reason that you can't fire his ass. Just tell him that you have spoken with the Thai Labor Board when you fire him in case he gets any ideas to retaliate.

PS; When I hired workers I always scanned and saved a copy of their Thai ID cards and if you havn't already done so, you might want to ask him for his and do the same BEFORE you fire his ass.

Termination

Conditions for termination of employment are also laid out in the Act, and a code governs unfair practices and unfair dismissals, which often are the result of the failure to follow correct legal procedures. Employee Associations and Labor Unions must be registered at the Labor Department, and require a license for operation. Finally, a Labor Court specifically settles employment disputes. If an employment contract does not specify any duration, either party can terminate the contract by giving notice at or before any time of payment, to have effect in the next pay period.

Thanks for your help.