I can confirm the message just above. I took a farang friend to the Labour office (
Several years back I took a farang friend to the Thai Labour HO, ground floor, at Din Daeng.
We were quickly greeted well in English.
Two Labour officers listened carefully and asked questions to ensure they had a complete /clear understanding of the case. The case also related to resignation, the employer claimed that by Thai law nobody can resign without the written approval of the company CEO / owner.
Both Labour officers confirmed, very clearly that this is not correct and is not Thai law. They mentioned 'employers can and will write many things into employment contracts but that doesn't mean it's binding; all clauses must totally follow Thai law. And this also means following internationally accepted human rights.
The Labour officers sked us to go to a coffee shop and have a snack and come back in one hour and they would have a letter (in Thai and in English) to be presented to the employer. Before we moved away they checked they had 100% details of the company name, address etc., etc.
We went back and the 2 officers quickly greeted us. They gave us the letter and it stated clearly the the company statements / actions were illegal. Also stated what would be legal.
Also mentioned that if needed the Labour ministry would support legal action against the employer.
Farang concerned (along with a Thai lawyer who he had contacted 1 week earlier but had done nothing) presented a copy of the letter, unfolded, no envelope to the secretary of the CEO and asked her to read it immediately and immediately give it to the CEO. (The Thai CEO, his secretary and the HR manager all spoke advanced English and Thai
They also informed the secretary they would go immediately to the office of the HR manager and give him a copy of the letter.
Within 15 minutes the CEO called the cell phone of the employee, asked if he was nearby which was confirmed and asked the employee to please come to his office as soon as convenient.
Employee and his lawyer went immediately to the CEOs office.
CEO mentioned immediately, I respect that you wish to resign and can I please have private meeting now to ask you for details of why you wish to resign but I confirm the reason does not change the fact that you have every right to resign, as long as you follow the 30 days notice clause.
Meeting happened. Within another 5 minutes the secretary had given the CEO copies of a number of other instances where the HR manager had manufactured 'laws' which were not valid.
In front of all present the CEO dismissed the HR manager.
CEO told the secretary 'get the HR manager of xxx company (a sister company owned by the same CEO)here quickly. That happened and the employee involved was quickly given a letter saying 'your resignation is acknowledged and your last working day will be xx/xx/xxxx.