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SUWANVARA LAWFIRM
Suwanvara Law Firm Co., Ltd.
SUWANVARA LAWFIRM
SUWANVARA LAWFIRM
Suwanvara Law Firm Co., Ltd.
Labor Law

Sexual Harassment at Work in Thailand: What Employers Must Do — Policy, Investigation and Dismissal

Thai labour law prohibits employers and supervisors from sexually harassing employees, and customers increasingly audit how companies handle complaints. What the law covers, what a workable policy contains, how to investigate fairly, and when the outcome can be dismissal without severance.

Suwanvara Law Firm— Employment & Corporate TeamSeptember 19, 202610 min read

Why this is now a governance issue

Harassment complaints used to be handled informally, often by moving someone to another team. That approach no longer holds up. Complainants have legal routes, customers audit how complaints are handled, and a poorly run investigation can leave the company defending both the complainant's claim and the dismissed employee's.

1. The legal layers

  • Labour law: the Labour Protection Act prohibits employers, chiefs, supervisors and work inspectors from sexually harassing, threatening or causing sexual annoyance to employees
  • Criminal law: harassment and indecent acts are offences in their own right
  • Civil liability: an employer can be liable for harm its employees cause in the course of their work
  • Government guidance: the Ministry of Labour has issued guidance on preventing and resolving sexual harassment at work

Customer codes — including the RBA requirements for suppliers — add expectations about policies, grievance channels and non-retaliation.

2. What counts

Harassment covers a range of conduct, not only physical contact:

  • Unwelcome physical contact
  • Verbal comments, jokes or questions of a sexual nature
  • Messages, images and conduct on chat groups or social media
  • Quid pro quo — linking work decisions to sexual favours
  • Conduct by colleagues, customers or contractors, not only managers

The test in practice is whether the conduct was unwelcome and affected the person's work or working environment.

3. A workable policy

A policy that works in practice contains:

  1. Definitions and examples of prohibited conduct
  2. Reporting channels, including one that bypasses the direct manager
  3. A commitment to prompt, confidential and impartial investigation
  4. Protection from retaliation for complainants and witnesses
  5. Interim measures that can be taken during an investigation
  6. Consequences, from warnings to dismissal
  7. Training for managers and staff

Put the core of it into the work rules, so that breaches are disciplinary matters under a document employees have been given. See what work rules must contain.

4. The investigation

Immediately

  • Acknowledge the complaint in writing
  • Preserve evidence — messages, CCTV, access logs
  • Decide interim measures that do not disadvantage the complainant

Appoint an investigator

  • Independent of the reporting line of both people
  • For senior managers, an external investigator or parent-company oversight

Interviews

  • Complainant, respondent and witnesses, separately
  • Give the respondent a real opportunity to answer the allegations
  • Keep notes signed or confirmed by each person

Findings

  • Decide on the evidence which allegations are established
  • Record the reasoning, not only the conclusion

Confidentiality and data

  • Limit access to the file
  • Handle personal data in line with PDPA — see PDPA for HR

5. Outcomes

Where allegations are established, the response should be proportionate:

  • Written warning, training, changes to reporting lines
  • Transfer of the respondent, not the complainant
  • Dismissal, where the conduct is serious

Dismissal without severance is possible only where the facts are established and the conduct falls within the grounds the law allows — for example a serious breach of clear work rules. It stands or falls on the investigation file. See severance pay in Thailand and, if a claim follows, defending an employer in the Labour Court.

6. Protecting the complainant

The most common secondary failure is retaliation — the complainant is moved, loses shifts, or is treated as the problem. Monitor the complainant's treatment for months after the case closes, and document it.

7. When the respondent is senior or foreign

  • Use an independent investigator; involve senior leadership or the parent company
  • Decide in advance who takes the final decision
  • For a foreign employee, consider work permit and visa consequences of any termination

Checklist

  • Written policy, reflected in the work rules
  • At least two reporting channels, one bypassing the line manager
  • Investigator list, including an external option
  • Investigation template: acknowledgement, interviews, findings
  • Interim measures and anti-retaliation monitoring
  • Manager training at least annually

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Frequently asked questions

What does Thai labour law say about sexual harassment?+

The Labour Protection Act prohibits employers, chiefs, supervisors and work inspectors from sexually harassing, threatening or causing sexual annoyance to employees. Criminal law separately covers harassment and indecent acts, and an employer can face civil liability for harm caused by its staff in the course of their work. The Ministry of Labour has also issued guidance on preventing and handling sexual harassment at work.

Do we need a written policy?+

It is strongly advisable, and customers and auditors often require one. A policy that defines prohibited conduct, sets out reporting channels, commits to prompt and confidential investigation, protects complainants from retaliation, and states the consequences gives the company a basis for action. It should be reflected in the work rules.

Can we dismiss a harasser without paying severance?+

Only where the facts are properly established and the conduct is serious enough to fall within the grounds the law allows for dismissal without severance, such as a serious breach of work rules. The decision rests on the investigation file and on clear work rules. Where the evidence is thin or the rules unclear, dismissal without severance invites a claim that the company will struggle to defend.

What should we do immediately after a complaint?+

Acknowledge it, protect the complainant, preserve evidence, and decide on interim measures that do not disadvantage the complainant — for example changing reporting lines or working arrangements for the person accused. Then appoint an impartial investigator and set a timeline.

What if the complaint is about a senior manager or a foreign executive?+

The same process applies, but the investigator needs to be independent of that manager's reporting line, and senior leadership or the parent company may need to oversee it. If the outcome affects a foreign employee's employment, consider the work permit and visa consequences as part of the decision.

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