Révisé par ThaiLawOnline, un cabinet d'avocats thaïlandais agréé exerçant en Thaïlande depuis 2006. Avocate thaïlandaise en charge du dossier : Wichuda Atthamethakon, LL.M., licence du barreau thaïlandais 3149/2556.
Dernière mise à jour le 5 septembre 2026
Cessation d'emploi (การเลิกจ้าง, kan loek jang, also called dismissal) is any act by which an employer ends the employment relationship, whether by letter, by refusing to let the employee work and pay wages, or by closing the business. The Labour Protection Act B.E. 2541 treats it as the trigger for three separate payments: notice pay under Section 17, severance under Section 118 and pro-rata annual leave pay. A foreigner on a company-sponsored extension of stay also loses the immigration status attached to the job, which makes the timing of a termination matter as much as the money.
Table des matières
What the Labour Protection Act says
Section 118 defines termination widely: any act where the employer does not let the employee work and does not pay wages, for whatever reason, including the employer ceasing to operate. Retirement at the age set by the employer is deemed a termination. On termination the employer owes wages up to the last day, notice or pay in lieu (one pay period, never more than three months need be given), severance on the Section 118 scale from 30 to 400 days’ wages, and payment for unused annual leave of the current year.
Section 119 lists the serious causes that remove the right to severance: dishonesty or an intentional criminal act against the employer, wilful damage, gross negligence causing serious damage, breach of lawful work rules after a written warning (a warning is good for one year), absence for three consecutive working days without reasonable cause, and imprisonment under a final judgment. The employer must state the cause in the termination letter or at the time of dismissal; a cause not stated cannot be raised later.
Practical points for a foreign employee
Get it in writing. A termination letter fixes the date and the stated reason. Final wages, notice pay and severance are due within three days of termination. Check the employer’s calculation against the last wage rate, which includes fixed allowances.
Visa et permis de travail. The employer notifies the Department of Employment and Immigration that the employment has ended, and the extension of stay based on that job ends with it. Arrange the next status (a new employer, a different extension, or departure) before the last working day rather than after. A claim can be filed at the Labour Court without court fees; the employee rights guide sets out the full list of entitlements.
Termination, resignation and expiry compared
The label on the exit decides what is owed. A resignation carries no severance, which is why a forced resignation letter is the most common trap; Thai courts look at who really ended the relationship, and a resignation signed under pressure is treated as a termination. Expiry of a fixed-term contract is also a termination unless the contract is a genuine special project, seasonal or temporary job of two years or less agreed in writing at the start.
| How the job ends | Notice | Severance | Unfair dismissal claim |
|---|---|---|---|
| Employer terminates without Section 119 cause | One pay period or pay in lieu | Section 118 scale | Possible |
| Employer terminates for Section 119 cause | Aucun | Aucun | Possible if cause not proved |
| Employee resigns | Employee gives one pay period | Aucun | Aucun |
| Fixed-term contract expires | Aucun | Due, unless a genuine project or seasonal job under two years | Rare |
| Mutual termination agreement | As agreed | As agreed, if signed on or after the last day | Usually waived |
Foire aux questions
Can an employer in Thailand terminate an employee without a reason?
Yes, an employer may end an indefinite contract without cause, but it must then give notice or pay in lieu and pay severance. The Labour Court can also add compensation if it finds the dismissal unfair, so a reason is still worth having.
What must an employer pay on termination in Thailand?
Wages to the last day, pay in lieu of any notice not worked, severance under Section 118 if service is 120 days or more, and wages for unused annual leave. Payment is due within three days of termination, and late payment carries 15% interest per year.
What happens to my visa when my employment in Thailand ends?
The extension of stay linked to the job is cancelled once the employer reports the termination, and the work permit is returned. A foreigner should line up a new sponsor, a different visa category, or a departure date before the last working day.
Voir aussi : severance pay, notice period and pay in lieu, probation period, Labour Court, and the guides on employee rights in Thailand ET Le droit du travail thaïlandais.
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