Dismissed During Probation: Severance and Notice Pay Explained

Dismissed During Probation: Are You Entitled to Severance?

This article is for people who are on probation and have been told they "did not pass" or were let go partway through, and who wonder whether the employer owes nothing simply because it was still the probation period.

Short answer: The Labour Protection Act does not carve out probationary employees. Severance under Section 118 turns on continuous service, which must reach 120 days. Advance notice under Section 17 follows a separate rule. First step: count your working days correctly and ask for the reason for dismissal in writing.

Where are you now?

1. You have worked fewer than 120 days

As a rule you have not reached the Section 118 severance threshold, but that does not mean you have no rights. In the first 7 days:

• Check whether the employer gave advance notice as the law requires, or paid money in lieu of notice
• Check whether any wages, overtime or other sums are still owed to you
• Gather evidence of your exact start date and the date you were dismissed

2. You have worked 120 days or are close to it

Once the threshold is met, severance may arise even though you are still on probation. In the first 7 days:

• Count from the first day you actually started work to the day employment ended, not from the day probation was passed
• Ask for a dismissal letter or the reason in writing
• If you were dismissed only a few days before day 120, keep all evidence so a lawyer can examine the circumstances

3. You were told you "did not pass" with no clear criteria or paperwork

In the first 7 days:

• Find your contract and any document setting out the conditions for passing probation
• Ask for the evaluation form or the reason for failing in writing
• Keep evidence of your own work, such as submitted work, praise or assignments completed

4. You were told to sign a resignation letter instead of being dismissed

In the first 7 days:

• Do not sign on the spot. Ask for time and a copy
• Write down what the employer said and who was present
• Read more in the article on being pushed to resign

What not to do

• Do not assume probation means no rights at all and accept the employer's terms without checking
• Do not sign a document saying you have been paid in full and claim nothing further before checking that what you received matches your real entitlements
• Do not count probation days by guesswork. Use the real start date shown in your contract, payslips or attendance records

Steps under the law

1. A contract with a probation period before confirmation is treated by law as an employment contract with no fixed term (Section 17). Setting a fixed probation period therefore does not release the employer from the duty to give advance notice.
2. Count continuous service from your start date to the date of dismissal. If it reaches 120 days, you are entitled to severance under Section 118 at the rate for your length of service, unless the employer has a Section 119 ground that removes the duty to pay. The rates are covered in the article on wrongful termination.
3. Check advance notice under Section 17. The employer must give notice on or before a wage payment date, to take effect on the next wage payment date, or pay money in lieu of notice, unless a statutory exception applies. This rule applies to dismissals generally and does not depend on whether you are on probation.
4. Check the reason for dismissal. A failed evaluation alone is not a Section 119 ground that removes severance. A lawyer will look at what reason the employer relies on and whether there is evidence.
5. Claim your rights by filing a Khor Ror 7 complaint with a labour inspector or suing in the Labour Court. The court will try to mediate before hearing evidence.
6. If the case amounts to unfair dismissal, the Labour Court has powers under the Labour Court Establishment and Procedure Act to order compensation or reinstatement, depending on the circumstances of each case.

Documents a lawyer needs to see before assessing your case

• Your employment contract or offer letter showing the probation period and the conditions for passing
• Proof of your real start date, such as your first payslip, attendance records or an email confirming your start
• The dismissal letter or the message saying you did not pass probation
• Any evaluation form or warning letter
• Payslips and bank statements
• Work rules and the employee handbook
• Messages, emails and chats about your performance and the dismissal
• Social security documents and final-payment paperwork

Relevant laws

• Labour Protection Act B.E. 2541, Section 118: severance on dismissal, requiring at least 120 days of continuous work, with rates depending on length of service
• Labour Protection Act B.E. 2541, Section 119: cases where the employer need not pay severance, such as dishonesty in duty, breaking work rules after a written warning, or abandoning duty for three consecutive working days
• Labour Protection Act B.E. 2541, Section 17: advance notice, or money in lieu of notice
• Labour Court Establishment and Labour Case Procedure Act B.E. 2522: how labour cases are filed and heard, including the court's powers in unfair dismissal cases

Frequently asked questions

I was let go with under 120 days of probation. What am I owed?
As a rule you have not met the Section 118 severance threshold, but you still need to check advance notice under Section 17, as well as unpaid wages and other sums the law entitles you to.

I was dismissed at day 119. Does that mean I missed the threshold?
Numerically, 119 days is short of 120, but the count must be done correctly from your real start date, and the reason and timing the employer chose also matter. Cases near the line need a lawyer to check the facts and documents.

My employer says my performance was poor so no severance is due. Is that right?
If you have worked 120 days, unsatisfactory performance alone is not a ground that Section 119 excuses from severance. But if the employer relies on another ground that matches Section 119, the evidence for that ground must be examined case by case.

Is advance notice needed if I fail probation?
A contract with a probation period before confirmation is treated by law as an employment contract with no fixed term (Section 17). Setting a fixed probation period therefore does not release the employer from the duty to give advance notice. There are statutory exceptions, such as Section 119 grounds. A lawyer must check your actual contract and documents.

Can my contract say "no payment if dismissed during probation"?
A term that leaves the employee with less than the labour protection law requires cannot be relied on to the extent it conflicts with that protection. A lawyer must read the actual wording and the type of right involved.

Is there a time limit to sue or complain?
Yes, but the period depends on the type of claim. There is no single period for all matters. Note the key dates and have a lawyer check the deadline.

How are the lawyer's fees set?
They depend on the scope of work, the complexity of the facts, the amount of documents and the steps required. The firm agrees scope and fees in writing before starting any work.

Conclusion

Probation does not strip an employee of rights under the labour protection law. The result of a dismissal depends on the number of continuous working days, the type of contract and the reason the employer gives. If you have your contract, proof of your start date, the letter or message saying you failed probation, and your payslips, bringing them to a lawyer will help assess what rights you have in your case.