An employee hands in a resignation letter or sends a LINE message, then goes quiet. Nobody knows where the unfinished work stands, the laptop is still with them, the passwords for systems and customer accounts still work, and the company is tempted to hold back the final salary to force the return of everything. Owners and HR teams meet this often, and the answer that actually works is rarely to withhold pay.
This guide splits the problem in two. The first half is what the company can do straight away to protect its work and data. The second is the wage the law requires you to pay, which must not be tied to any other claim. If your problem is a page or domain, see the guide on Facebook Pages, LINE OA and domains. If the employee has taken a customer list, see the guide on trade secrets. If you suspect fraud, see the guide on internal investigations.
The short answer
The company can require handover of work, return of property and closure of system access, and can claim damages for loss that actually occurred if it can prove it. What it must not do is withhold or deduct wages already earned as security, because that is protected by separate rules, and a company that deducts on its own often ends up paying interest and a surcharge.
The law. Termination of an indefinite-term employment contract is governed by section 582 of the Civil and Commercial Code and section 17 of the Labour Protection Act B.E. 2541. Wages must be paid under section 70, and deductions are restricted by section 76. Interest and a surcharge for late payment are in section 9, and guarantee money for work is in section 10. Civil damages fall under sections 222 and 223 of the Civil and Commercial Code. Failure to return property may be a criminal offence, such as misappropriation under section 352 of the Penal Code, where the facts meet the elements.
Our practical view. Run three tracks. Track 1: pay the wages that are due, in full and on time. Track 2: demand the work, documents and property in clear, evidenced letters. Track 3: assess the real loss and decide whether to claim. Mixing the three because you want the employee to be afraid turns a company that is right about the property into one that is wrong about the wages.
Hypothetical. A solar-panel installation company in Udon Thani has a project coordinator who resigns with notice given in line with the pay cycle. During the notice period the coordinator stops answering messages, sends no status on 4 installation sites, keeps a laptop worth about 32,000 baht, and is the only person managing the job folder on a personal drive. The final salary is about 24,000 baht. We call the company "the Solar Company".
1. How much notice must an employee give?
For a contract with no fixed term, section 582 allows notice on or before a wage-payment date so that the contract ends on the next payment date, and notice need not exceed three months. Section 17 of the Labour Protection Act has a similar rule. A monthly-paid employee paid at month-end therefore usually has to give notice on or before the pay date for the contract to end at the following month-end. The contract or work rules may set a longer notice period, such as 30 days, but it must not conflict with the law or be an unfair term.
- Fixed-term contracts. These normally end when the term ends. Resigning mid-term may be a breach, so check the wording of the contract and the reason for leaving.
- No notice, or simply not turning up. The employer may claim real loss as in section 7. Staying away for 3 consecutive working days without good reason is also a ground for dismissal without severance under section 119, but check the facts and any warning letters before relying on it.
- Who receives the letter. Acknowledge it in writing and state a clear last day of employment.
2. During the notice period, what can the employer reasonably require?
While the person is still an employee, they must keep doing their duties and follow lawful instructions. The employer can therefore require a handover document, training of the successor, a summary of open work and return of property before the last day. In practice:
- Set concrete handover tasks, not a vague order to "hand over properly". Name the items, the recipient and the due date.
- Appoint a successor and a check date, so there is evidence of what was and was not handed over, and when.
- If you do not want the person on site, the employer may place them on leave during the notice period to reduce risk, but normal wages are payable for that period if the employer ordered it.
- Do not use the resignation to demand work beyond the contract. Duties outside the role, or unpaid work outside hours, can create problems of their own.
3. The handover checklist and a sample handover record
| Category | What to receive |
|---|---|
| Unfinished work | List of jobs, status, deadlines, contacts and next steps |
| Files and documents | Every location where work files are kept, latest versions, open contracts and quotations |
| Passwords and access | Accounts used for the job, and transfer of ownership to the company |
| Customer contacts | Names, contact history, commitments already made |
| Equipment | Laptop, phone, storage devices, keys, cards, field equipment |
| Company documents | Seals, original documents, licences and customer files |
| Company accounts | Email, domains, pages, social media and accounting systems registered in a person's name |
Sample handover record (adapt to the real job and have both sides sign or confirm by email)
Handover record
Handing over: ____ Position: ____ Last day of employment: ____
Receiving: ____ Date of handover: ____
1) Unfinished work: site ____ status ____ deadline ____ next step ____
2) Files: location ____ checked complete on ____
3) Accounts and passwords: ownership transferred to the company ____ items
4) Equipment returned: device ____ serial no. ____ condition ____
5) Not yet handed over: ____ reason ____
The person handing over confirms that no copy of company data is kept outside the places stated ____
This record is not an admission that there is no loss. Write it on the footing that the real check may find something missing.
4. When should system access be cut?
The principle is to give only the access the handover needs and close it as soon as it is not needed, not to leave it open past the last day.
- High-risk systems, such as online banking, customer systems, personal data, pricing data and the main drive: reduce access or change passwords from the day the resignation arrives if there is any reason to suspect data is being taken.
- Ordinary systems: keep open until the handover is done, with access logged, and close by the last day.
- Shared accounts: change the password and re-enrol two-factor authentication on the day the administrator changes.
- Copy before closing: the mailbox, work files and system logs, both as evidence and so the successor can carry on.
The company must not reach into the employee's private data on a device beyond what is necessary, and should have a device-use policy notified in advance so that checking company data is consistent with the Personal Data Protection Act B.E. 2562.
5. Property not returned: demand, police report and civil claim
Go from lightest to heaviest, because the first step usually gets the property back fastest.
- Demand by message and letter. List the items and serial numbers, give a return date and a place, and say where the company will take them back. Send by email and by the channel actually used, and keep proof of delivery.
- Police report. Where the facts suggest the holder has treated the property as their own or refuses to return it after demand, the conduct may amount to misappropriation under section 352 of the Penal Code. Prepare proof of issue, the value and the demand letter. Do not use a police report as a bargaining chip over wages.
- Civil claim. Seek return of the property or its value, plus other loss that can be proved. This suits high-value items or a case where the employee says the item is theirs.
- If the device holds important data, deal with the data before the value of the device: ask for a copy or confirmation that nothing was deleted, and do not let unrelated people open the device without keeping a record.
If you suspect money or goods were taken, go to the guide on internal investigations before you make any accusation.
6. Wages already earned must be paid: do not deduct or hold them as leverage
Wages for days already worked are a right that has already arisen. Section 70 requires payment on the cycle the law sets, and section 76 limits deductions to the cases the law allows. A deduction for damage caused by wilful act or gross negligence needs the employee's consent, each item may not exceed 10%, and the total may not exceed one fifth of the wages received. Failing to hand over work is not an automatic ground for a deduction.
If payment is late, section 9 imposes interest at 15% a year, and where the employer fails to pay without reasonable cause there is also a surcharge at the rate the law sets, which can exceed the loss the company hoped to recover. The employee can also complain to a labour inspector. For the pursuit process see the guide on unpaid wages and overtime.
| Item | How to handle it | Caution |
|---|---|---|
| Wages for work already done | Pay in full on the due date | Do not hold back as pressure; risk of interest and surcharge under section 9 |
| Accrued entitlements under the contract or work rules | Calculate and pay | Check the contract, work rules and accrued leave |
| Damage from unfinished or spoilt work | Claim separately once provable | Cannot be deducted unilaterally outside section 76 and without consent |
| Property not returned | Demand, police report or civil claim for return | Not a ground to seize wages |
| Guarantee money | Return under section 10 | Only where the law allowed it to be taken and applied |
| Training cost under a bond | Claim under a valid contract | See the guide on training bonds |
If the company believes the employee owes it money, the safe course is to pay the wages in full first and send a separate written demand for the debt, or to make a written deduction agreement that stays within section 76.
7. Real damage and guarantee money
A civil claim needs three things: the employee breached a duty or the contract, real loss occurred, and the loss was caused by that act, under section 222 of the Civil and Commercial Code. The court may reduce damages where the company was also at fault under section 223, for example where there was no backup process. Useful evidence includes lost customer contracts or penalties paid, abnormal cost of having others do the work, and demand messages that went unanswered.
The final result depends on the evidence and the Labour Court's discretion, so do not assume you will recover what you expect.
Guarantee money. Section 10 prohibits an employer from demanding or accepting guarantee money from an employee except for work where the employee is responsible for the employer's money or property as the law specifies, and it must be returned when the employment contract ends. Check the current text and time limit before you act. Any damage that may be applied against guarantee money must meet the conditions the law and the agreement allow.
If the employee has taken customers or business information to compete, see the guide on trade secrets and the guide on employees running competing side businesses.
8. Preventing it next time
- Write the handover duty into the contract and work rules under section 108: what to hand over, how, and by when.
- Document the processes, so key work has a manual and a back-up person rather than depending on one individual.
- Make the company own its accounts: company email, at least two administrators, and no pages, domains or drives created on personal accounts.
- Keep an asset register with serial numbers, holder and issue date, signed for on receipt.
- Use an exit checklist every time, including for executives. See the guide on director resignation handover.
- Manage performance early. If the underlying issue is performance, see the guide on performance improvement plans.
9. Checklist when an employee resigns
On receiving the resignation
- Acknowledge in writing and state the last day of employment under section 582 or the contract
- Appoint a successor and list the handover tasks
- Reduce access to high-risk systems if there is reason for suspicion
During the notice period
- Require the handover record and check it by the due date
- Keep copies of files, email and system logs
- Transfer account ownership and change shared passwords
Last day and afterwards
- Take back equipment against the register and sign for it
- Close all remaining system access
- Pay wages and accrued entitlements on time, not tied to the handover
- Return guarantee money (if any) on the conditions the law sets
- If items are still outstanding, send a demand letter and then consider a police report or a claim
Further reading
- Facebook Pages, LINE OA and domains an employee or agency will not return — when company accounts are in someone else's hands
- A former employee takes the customer list — data and trade secrets
- Training bonds when an employee resigns — when training cost can be recovered
- Unpaid wages and overtime — how the employee's side pursues pay
- Employee fraud or embezzlement — when it is more than missing handover
- Employee side businesses that compete with the employer — when a competing business is set up
- Handover checklist when a director resigns — for senior people
When an employee resigns without handing over, demand the work and property in evidenced letters, close system access at the right time, and pay the wages in full and on time, keeping any damages claim separate and brought through the proper process.
We help draft work rules, employment contracts, handover records and demand letters for property, and assess claims that stand apart from wages. For an initial consultation, call +66 92 254 2045 or send us the details. See also HR documents and employment contracts and labor law.
This guide is published by Suwanvara Law Firm — a Khon Kaen law firm established in 1986. General information only, not legal advice on a specific matter.
