This guide answers one question: "Where should my case go?" If you are already holding an order that is unfavorable to you, skip to the section "If the Order Is Unfavorable to You," because there is a 30-day deadline.
Option 1: Filing a complaint with a labor inspector
The "Department of Labor" people refer to is actually the Provincial Office of Labor Welfare and Protection. The authorized officials are called labor inspectors. This is a separate agency from the employment service and social security offices, which are often located in the same area.
You may file in person in the area where you work or where your employer is located. No lawyer is needed, and no written claim is required. Bring on your first visit: national ID card, bank account number, evidence that you are genuinely an employee, pay slips, evidence of termination, and a timeline of each outstanding amount.
How far its order can go — the heart of choosing this route
Labor inspectors may consider and issue orders only for money the employer is obliged to pay under the Labor Protection Act, such as wages, overtime pay, severance pay, and payment in lieu of advance notice. As for seeking a ruling that the termination was unjust, requesting reinstatement, or claiming damages in lieu of reinstatement, such claims must generally be filed with the Labor Court. However, if the termination involves trade union activities or the filing of demands, additional procedures under the labor relations law may also apply.
You may therefore receive full severance pay under the order, but none of the "unfair termination" lump sum. Don't forget to claim interest in your request. Certain types of unpaid amounts carry interest at the rate of 15 percent per year, and if the employer intentionally fails to pay without reasonable cause, there is an additional surcharge as well (severance pay by length of service).
Path 2: Filing a Lawsuit with the Labor Court
Many people do not dare to file a lawsuit because they think they must have money and a lawyer. The fact is:
Filing a lawsuit and conducting proceedings in the Labor Court are exempt from court fees. However, the parties may still incur certain actual expenses, such as lawyer fees, travel costs, document costs, or special expenses in enforcement. Those who do not have a lawyer can file an oral claim before the court, and the court will ask questions and record the statement as a complaint. However, court officials do not act as lawyers or take responsibility for shaping the case on behalf of the claimant.
In exchange, employers often have lawyers, and the case takes many hearings if they fight through to the witness examination stage (What are hearing days like?). If you lose at first instance:
A judgment or order of the Labor Court may be appealed to the Court of Appeal for Specialized Cases only on questions of law. The appeal must be filed with the Labor Court within 15 days from the date the judgment or order is read. An extension of time is at the court's discretion and should be requested before the deadline expires. An appeal does not automatically stay execution.
| Topic | Labor Inspector | Labor Court |
|---|---|---|
| Wages, overtime pay, severance pay, payment in lieu of notice | Can order | Can order |
| Unfair dismissal / reinstatement | Cannot order | Can order |
| Money under a contract, such as bonuses and specific commissions | Generally outside the scope | Can be claimed in the same case |
| If the other party does not comply | Can bring the case to court within 30 days | Appeal only on questions of law within 15 days |
| Enforcing actual payment | The order is not an enforcement writ | A judgment can be used to initiate enforcement proceedings |
Rules for Choosing Your Legal Path
For the same statutory monetary items, filing a complaint with a labor inspector or filing a lawsuit with the court may be deemed a choice of channel as of the date of filing. You should therefore not pursue both channels in parallel. If you wish to withdraw a complaint with the labor inspector in order to file a lawsuit in court, you should complete the withdrawal and keep evidence of the withdrawal before filing the lawsuit. As for damages for unjustified dismissal, they are a separate cause of action and must be filed with the Labor Court, and you must separate the monetary items so that they do not overlap with the matters pending before the labor inspector.
What can completely change the answer is whether the employer admits that you are an employee and whether the employer alleges that you committed serious misconduct. These two matters usually end up in court, and statements made at the labor inspector stage can be used in court. As for reasons that the employer did not state in the termination letter, there are restrictions on raising them later. You should therefore keep the termination letter. And if the employer enters bankruptcy or business rehabilitation proceedings, you must also file a proof of debt claim with the official receiver within the deadline set for that case.
No matter which path you choose, download digital evidence from the company's system immediately. Keep the original files with their file timestamps, and do not sign blank documents, backdate signatures, or hastily sign documents stating that you have no further claims (Details).
If the Order Is Not in Your Favor
Employees lose their rights at this point most often because they mistakenly believe the order is final and nothing can be done.
Employer, employee, or lawful heir of the employee who is dissatisfied with a labor inspector's order must bring the case to court within 30 days from the date of becoming aware of the order; otherwise, the order becomes final. If the employer is the plaintiff, he/she must deposit with the court the amount due under the order. The employee or heir is not required to make this deposit.
This applies to every kind of order that is unfavorable to you, whether it dismisses the petition, orders payment less than what was claimed, strikes out certain items, or determines a wage base lower than what you actually received. On the date you receive the order, note the date you became aware of it and take photos of both the envelope and the document itself, because the date of awareness is the starting point for the countdown. Read each item to see what you got and what you did not get, on what wage base it was calculated, and consult a lawyer within the first few days. If the employer is the one filing the lawsuit, you become a party without having chosen to be, so do not ignore the court summons.
Employer Does Not Pay According to the Order: What to Do Next
A final order of a labour inspector is not yet an execution writ that can be used to directly seize assets. If the employer does not pay, the employee should take the order back to the Office of Labour Welfare and Protection to request that it follow up and pursue a criminal case for failing to comply with the order, and also request assistance in proceeding with a case before the Labour Court in order to obtain a judgment that can be used to seize or attach assets. In addition, the employee may apply for money from the Employee Welfare Fund at the same time if the conditions are met.
Employee Welfare Fund
If the employer does not pay severance pay, wages, or any money required by law even after the labour inspector has issued an order, the employee may apply for assistance from the Employee Welfare Fund without first having to proceed with execution to prove that the employer has no assets. The amount is only assistance money and may be lower than the amount owed by the employer. The employee should take the labour inspector's order, a national ID card, bank account evidence, and evidence of hardship to file with the Office of Labour Welfare and Protection as soon as possible.
Address the fund by its exact name when speaking with the officer so you are not sent to the wrong department. The form used for filing is สกล.1 (Employee Welfare Fund form). The ceiling is calculated as multiples of the daily minimum wage. For the portion that replaces severance pay: employment duration from 120 days to less than 3 years, no more than 30 times; from 3 years to less than 10 years, no more than 50 times; from 10 years or more, no more than 70 times. Other money is capped at no more than 60 times. (The higher ceiling in old news was a COVID-period measure.) You must file within 2 years from the date the order becomes final. In some cases, you can file before the order becomes final. Once you receive a written notice to come and collect the money, you must act within 60 days.
Time Limits — Issues That Make You Lose Even When You Have Rights
| Money claimed | Prescription period | When the count starts |
|---|---|---|
| Unpaid wages | 2 years | The date each installment becomes due |
| Overtime pay / Holiday work pay | 2 years | The date each installment becomes due |
| Severance pay | 10 years | The date of termination |
| Payment in lieu of advance notice | 10 years | The date the right arises |
| Damages for unfair dismissal | 10 years | The date of dismissal |
Filing a complaint with a labor inspector has no specific time frame, but that does not mean you can file at any time, because the employer can raise the statute of limitations as a defense in court.
⚠️ Do not wait until near the end of the prescription period, because each installment starts counting at different times, and the 30-day period for objecting to a labor inspector's order is another deadline that is much shorter than the prescription period.
The deadlines in the process that, once missed, are difficult to remedy are: 30 days from learning of the order for bringing the order to court, 30 days from the end of employment for registering as unemployed (registering late may mean no retroactive pay), and 15 days from the date of reading the judgment for filing an appeal.
When Should You Have a Lawyer
You can really go alone when the amount is clear, the documents are complete, and the employer does not dispute that you are an employee. People often search for the term "Department of Labor lawyer" when they find themselves in these situations:
- The order has been issued and is not in your favor, or the employer has taken the order to court, because there are only 30 days left.
- The employer claims that you were dishonest or caused serious damage to the company, or you have already signed a document stating you have no further claims.
- You need compensation for unfair dismissal or reinstatement.
- You were hired through a subcontractor, called a contract of hire of work, or you are a migrant worker whose work status is tied to the employer, and if the contract has an end date written in it, don't immediately conclude that you are not entitled to severance pay, because not every contract falls under the exception.
What you need to decide correctly is: "Does the agency you go to have the authority to order the money you want?" If the answer is no, no matter how soon you file, you won't get it.
Let our labor case team help you see which direction your matter should go. Call 092-254-2045 or write to us at contact us. See the scope of our services at Labor Law Services.
Read more
- Dismissed from Work: What Rights Do Employees Have?
- Dismissed from Work: How Much Severance Pay?
- First Time at the Labour Court: How to Prepare?
This guide was prepared by Suwanvara Law Firm — a law firm in Khon Kaen, founded in B.E. 2529. It provides general information about procedures and is not legal advice for a specific case. The outcome of each matter depends on your own facts and documents. The actual applicable time limits should be checked with a labour inspector or a lawyer.