The Most Urgent Matters for Employees Who Have Just Been Dismissed
⚠️ The most important warning in this guide Do not rush to sign a resignation letter or any document stating that you have received full payment and have no further claims. Even though an advance waiver of rights that falls below legal standards may be unenforceable, a compromise agreement made voluntarily after a dispute arises may have the effect of barring your claims. You should request copies, request a calculation breakdown of every type of payment, and ask for time to review the documents before signing. If you accept only the undisputed portion of the money, you should reserve your rights to the remainder in writing, for example by adding a notation that: "This money is accepted only for the undisputed portion, and this does not constitute a waiver of rights or an acknowledgment that payment has been made in full."
There are two different moments — waiving rights in advance, before a dispute arises, versus settling after a dispute arises, which can genuinely bar claims.
⏱ 30-day deadline: two matters that are hard to remedy once missed
- Appealing a Labor Inspector's order to court — the case must be brought to court within 30 days from the date of becoming aware of the order; otherwise it becomes final. This applies to employees as well.
- Registering as unemployed — no later than 30 days from the date employment ends.
Termination, Resignation, and Non-Renewal of Contract
The name given does not determine the outcome — what actually happens does. A resignation letter written under pressure can still be disputed, but the burden of proof becomes much heavier. As for fixed-term employment contracts — "the contract expired, so it is not termination" is a common claim, but not every contract with a written end date is exempt from severance pay. The exemption is limited to casual work, project-based work with a clear conclusion, or seasonal work, and must be made in writing from the outset. Short contracts that are repeatedly renewed for the regular work of the business do not qualify for the exemption.
What to Do in the First 48 Hours
1. Do not sign blank documents or backdate signatures. A paper with your signature but otherwise left blank could later become a resignation letter or a waiver of rights. If you are pressured, ask for time to read it and take photos.
2. Request a termination letter stating the reason. If they do not give you one, send a written message requesting it. Even if you receive no reply, the message you sent is evidence. Reasons not stated in the termination letter are limited in being raised later. An employer who writes "restructuring" but then alleges misconduct in court must explain why they did not state it from the beginning.
3. Preserve evidence before you lose system access. Employment contract, salary slips, work regulations, warning letters, time records, and chats with your supervisor. Digital evidence must be downloaded before your company account is closed, and kept as original files, not screenshots. Originals carry the date/time and sender information with them.
Four Payouts, Not Just One
- Severance pay is calculated in steps according to length of service. The point often miscalculated is the "base" used for calculation, which may not be just the figure on the payslip. See severance pay upon termination
- Payment in lieu of advance notice If you are let go immediately without notice according to the wage payment period, this is paid separately from severance pay
- Wages and accrued entitlements including overtime pay, holiday work pay, and unused vacation leave. Late payment may incur interest, and if intentionally not paid without reasonable cause, additional payment may be imposed. See unpaid wages and overtime
- Damages for unfair dismissal must be claimed separately and must be proven
Another amount comes from social security
Insured persons should register as unemployed immediately and no later than 30 days from the date employment ends, because late registration may result in not receiving backdated benefits. In the case of dismissal, you receive 60 percent, not exceeding 180 days per year. In the case of resignation or contract expiration, you receive 30 percent, not exceeding 90 days per year. This is subject to having the required contribution period and not falling under grounds for disqualification by law. If the employer has not yet reported the termination, do not wait – register and bring evidence to contact the Social Security Office immediately.
The difference between 60% and 30% is the reason you should not accept documents stating "resignation"
Claims of Exemption from Payment and Unfair Dismissal
The claim that an employee committed misconduct and therefore severance pay need not be paid applies only to a limited group of serious cases, such as fraud in the performance of duties, or violation of rules after a written warning has been given. As for “company losses” or “restructuring,” as a general principle these are not grounds for exemption. The burden of proof lies with the employer — the rules actually in force, the employee’s acknowledgement, written warnings that have not yet expired, consistent treatment of others who did the same, and the correspondence between the reasons in the termination letter and those later alleged. The accusation is therefore an allegation, not a conclusion, because the decisive factor is the documents made at that time.
Unfair dismissal is a separate ground from severance pay. It is an additional claim asserting that the reason for dismissal was not sufficiently justified. It must be proven and is subject to the court’s discretion, which may order reinstatement or an award of damages instead. This guide does not state specific figures, because any amount estimated before seeing the actual documents is merely a speculation.
Two channels — decide before filing the first one
Labour inspectors can consider and issue orders only for the money the employer is obliged to pay under the Labour Protection Act, such as wages, overtime pay, severance pay, and payment in lieu of advance notice. Requests for a ruling that the dismissal was unfair, for reinstatement, or for damages in lieu of reinstatement must generally be filed with the Labour Court. That said, if the dismissal involves trade union activities or the filing of demands, additional procedures under the labour relations law may also apply.
This channel is easy to access and requires no written statement of claim, but the choice is binding.
For the same statutory money claim, filing a petition with a labour inspector or filing a lawsuit with the court may be treated as choosing a channel as of the filing date, so you should not pursue both routes for the same matter. If you wish to withdraw a petition filed with a labour inspector in order to sue in court, the withdrawal should be completed and evidence of the withdrawal kept before filing the lawsuit. Damages for unfair dismissal are a separate legal basis and must be filed with the Labour Court, and the money items must be separated so they do not duplicate the matters pending before the labour inspector.
As for costs
Filing and conducting proceedings in the Labour Court are exempt from court fees, but the parties may still have certain actual expenses, such as lawyer's fees, travel expenses, document costs, or special expenses in enforcement of judgment. Those without a lawyer may file an oral claim with the court; the court will ask questions and record the statement as the claim. However, court officials do not act as lawyers or take responsibility for shaping the case on behalf of the claimant.
What is exempted is the proceedings themselves, not the employee. A labour case is therefore not a matter with no costs at all.
Prescription Periods — Not Every Claim Is the Same
| Claim Type | Prescription Period | When It Begins |
|---|---|---|
| Unpaid wages | 2 years | The date each installment becomes due |
| Overtime pay / holiday work pay | 2 years | Same |
| Severance pay | 10 years | The date of termination |
| Payment in lieu of advance notice | 10 years | The date the right arises |
| Damages for unfair termination | 10 years | The date of termination |
Filing a complaint with a labor inspector has no specific time frame, but that does not mean you can file it at any time, because the employer may raise the prescription period as a defense in court, and the prescription period may also start running anew upon acknowledgment of the debt or partial payment.
Do not wait until the prescription period is nearly expired, because each installment starts counting at a different time, and the 30-day deadline for objecting to a labor inspector's order is another time limit that is much shorter than the prescription period.
When should you have a labor lawyer?
If it is unpaid wages of a small amount and the facts are clear, filing a claim yourself is reasonable. But you should consult a labor lawyer if you are accused of serious misconduct that would deprive you of severance pay, are pressured into signing a document waiving your rights, are dismissed together with many others at the same time, or have received a labor inspector's order and are dissatisfied with the result, because only 30 days remain. The first things to ask are which channel to take, what must be done urgently within how many days, and up to which stage the lawyer's scope of work covers. See attorney fees
Our team handles labor cases on both sides. See labor law services. Call 092-254-2045 or write to us at contact us
If the Labor Inspector Has Issued an Order but You Disagree
⏰ 30 days — the deadline people most often miss
Employers, employees, or statutory heirs of an employee who are dissatisfied with a labor inspector’s order must bring the case to court within 30 days from the date they become aware of the order; otherwise, the order becomes final.
This point is very important for employees, because many people understand that once an order is issued, it is over — that is not true. If the order dismisses your petition or awards less money than you should have received, you have the same right to bring the matter to court as the employer.
If the employer is the one filing the lawsuit, the employer must deposit with the court the amount due under the order. Employees or heirs are not required to make this deposit, so you will not be blocked simply because you do not have a lump sum of money.
Always keep evidence of the date you became aware of the order, such as an acknowledgement of receipt, a written acknowledgment, or an email, because that date is the starting point for counting the 30 days.
Read more
- How much severance pay when terminated
- Filing a complaint with the Department of Labour or suing the Labour Court
- Going to the Labour Court for the first time
- Employer owes back wages, does not pay overtime
This guide was prepared by Suwanvara Law Firm — a law firm in Khon Kaen, established in B.E. 2529. It is general information, not legal advice for any specific case. Outcomes depend on the facts of each matter. You should consult a lawyer before taking action.