Thai Labour Law - Termination Of Employment & Outstanding Accrued Annual Leave

[Spoonman]

As per the thread title, hypothetically if ones employment was terminated and said employee still had unused annual leave owing where does one stand within the labour laws in regards to this, by law is the employer required to "pay out" any leave owing ?

[Yumthai]

I think all remaining leaves have to be paid at termination... I mean in my case it was (although I had to ask for it to my ex-boss)

[tolsti]

As an employer we always pay, along with accrued service charge and any other contractual benefits. It may or may not be law but it sure as hell helps if there are any Labour Court claims thereafter.

[Forethat]

What about outstanding expense claims, health benefit claims? Is there a law covering this as well?

[Jake5555]

I believe depending on how long you have worked for the company you may be also be entitled to a termination payment by Thai law. I believe it goes something as follows;

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- To work 120 days to 1 year severance pay 30 days

- To work 1 year to 3 years severance pay 90 days

- To work 3 year to 6 years severance pay 180 days

- To work 6 year to 10 years severance pay 240 days

- To work more than 10 years severance pay 300 days

The employer shall terminate the employment of the employee at least one pay period. If an employer notifies the employee less one pay period or without notice. The employer must pay compensation instead of advance notice is 30 days.

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Naturally they should also pay out your holidays and expenses but I am unsure if this is law???

[chunktal]

Had to go out but had a quick look in the Thai Labour Act, don't have the exact wording but I think. Section 67 is the one you need to look at. Refers to paying out of accrued annual leave, says it needs to be paid upon terminating employment or words to that effect.