“You’re still on probation, so you can be let go immediately—no need to pay anything.” This is a phrase often heard from both employers and employees, and it is a phrase that does not align with Thai labor law.
The truth is that Thai labor protection law does not recognize a special status called “probationary employee” that receives less protection than others. A probationary employee is a full employee from the first day. What differs is accumulated length of service, which determines certain rights—not the level of protection.
What still needs to be done even during the probationary period
- Advance notice before termination as prescribed by law, unless an exception applies, such as in the case of an employee committing serious misconduct as specified by law.
- Pay wages and overtime as usual at a rate not lower than the local minimum wage.
- Register for social security — do not wait until after the probationary period.
- Provide statutory holidays — weekly holidays and public holidays.
- Do not discriminate or terminate on prohibited grounds, such as pregnancy.
The 120-Day Line and the Misunderstanding About 119 Days
Some employee rights begin when the employee has completed 120 days of work. Quite a few companies therefore set their probation periods to end before that line is reached.
What both sides should understand clearly:
- Ending before 120 days does not exempt the duty to give advance notice
- Ending before 120 days does not prevent an unfair dismissal claim — that is a separate matter from rights tied to length of service
- Dismissing and rehiring the employee repeatedly so that length of service does not accumulate is a pattern that can be challenged as an evasion of the law
Employer's side: How to make probation actually work
Set it out clearly in the contract The duration, assessment criteria, and consequences of failing
Assess for real and back it up with documents A probation failure that cannot be explained by any documentation at all is the weakest case when it comes to review
Notify the result before the deadline Not after it
Give proper advance notice Or pay in lieu of notice as required by law
Don't use the word "probation" as a catch-all excuse Because when it comes to review, what is examined is the facts of the employment and the documents on record, not the name given to the status
Employee side: What to keep
- Employment contract or letter notifying employment conditions, including the text specifying the probationary period
- Evidence of the actual start date, which sometimes does not match the date in the contract
- Salary slips and evidence of contribution deductions
- Messages or emails notifying the probation results
- Written evaluation records or feedback
These documents are what make the case progress when going to the labor inspector or the labor court. Verbal statements alone are often insufficient.
If you are dismissed during the probation period and feel it is unfair
There are two main options: filing a complaint with a labour inspector or filing a lawsuit with the Labour Court. Each suits different situations, and both have deadlines to watch out for. The guide to choosing between a labour inspector and the Labour Court already explains the selection criteria.
Read more
- Rights upon dismissal
- Terminated? What you need to know
- Work rules: which company sizes must have them
📌 See more: Labor cases
Both employers who want to establish a rigorous probation system and employees who have been abruptly dismissed can consult a lawyer for free. Call 092-254-2045
This article provides general information and is not legal advice for any specific case.