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Labor Law Litigation

Unfair dismissal, severance pay, notice pay, unpaid wages and overtime. We act for both employees and employers, and appear in labor courts nationwide.

A labor case is a dispute between an employee and an employer arising from the employment relationship. Typical examples are a dismissal, unpaid wages or overtime, or an employer who believes an employee's misconduct justified dismissal. These disputes are governed by the Labour Protection Act and are heard by the specialised labor courts.

The office advises and appears for both employees and employers. We start from the actual documents, such as the employment contract, pay slips and the termination letter. We then explain which claims are available, which options suit the situation, and what needs to be prepared before going to court.

This page summarises the types of matters we handle, the courts involved, how we work, what documents to prepare, and common questions, with links to a detailed article on each topic.

Matters We Handle

Unfair dismissal

Dismissal without proper grounds, or on grounds the employer cites that do not match the facts. The labor court may order compensation or reinstatement.

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Forced resignation

Being pressed to sign a resignation letter you did not want to give. What matters is whether the resignation was truly voluntary, and how that affects your claims.

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Unpaid wages and overtime

An employer has not paid wages, overtime or pay for work on rest days. These can be claimed through a labour inspector or through the labor court.

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Dismissal during probation

Let go because you "did not pass probation". The rights of a probationary employee depend on length of service and the reason given, which must be checked against the contract and documents.

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Severance pay and notice pay

Severance pay based on length of service (Section 118) and pay in lieu of notice (Section 17) when an employer ends the employment, including cases where the employer says nothing is owed.

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For employers: work rules and lawful termination

Reviewing employment contracts and work rules, advising before a dismissal, and preparing documents in case an employee brings a claim.

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Social security and workers' compensation

Benefits from social security or the workers' compensation fund after unemployment, illness or a work injury. We give initial guidance on which agency to approach.

How Working With a Lawyer Goes

  1. 1Initial consultation: describe what happened, the dates and what you want. This can start by phone or LINE.
  2. 2Document review: the lawyer reads the employment contract, pay slips, termination letter and related messages, then explains the available claims and options, such as a complaint to a labour inspector, negotiation, or a labor court case.
  3. 3Scope of work and the lawyer's fee are agreed in writing before any work starts.
  4. 4Action: preparing the complaint or lawsuit (for an employer, the defence), filing it with the agency or court, and preparing evidence.
  5. 5Mediation and trial: labor courts usually try to mediate first. If no settlement is reached, witnesses are heard and the court gives judgment. The lawyer keeps you informed at each stage.

Documents to Prepare

  • Employment contract or offer letter
  • Pay slips and proof of payment, such as bank statements
  • Termination letter, resignation letter, or messages or emails in which the employer asked you to leave
  • Work rules or the employee handbook
  • Time records, attendance sheets or other proof of overtime work
  • Warning letters or performance reviews, if any
  • ID card and employee card
  • A written timeline of events with the names of witnesses who know what happened

Courts and Service Area

  • Central Labour Court: a court of first instance for labour cases within the jurisdiction set by law and Court of Justice notices. The lawyer checks which court covers your case.
  • Regional Labor Courts: courts of first instance for labor cases in each region, within the jurisdiction set by law.
  • Specialised Court of Appeal and the Supreme Court: hear appeals from labor court judgments.
  • Labour inspector (Department of Labour Protection and Welfare): an employee may file a complaint (Form Khor Ror 7) to claim rights under labour protection law without suing in court.

The office is in Pak Kret, Nonthaburi, convenient for employees and employers in Nonthaburi, Pathum Thani and northern Bangkok. We appear in labor courts nationwide, and you can start with a consultation by phone or LINE. Office details

Frequently Asked Questions

What am I entitled to if I am dismissed?
Generally three parts. First, severance pay based on length of service under Section 118 (for employees who have worked at least 120 days, unless an exception under Section 119 applies, such as dishonesty in the job). Second, pay in lieu of notice under Section 17 if the employer did not give notice as required. Third, if the dismissal was unfair, compensation set by the labour court after considering factors such as age, length of service, hardship caused by the dismissal, and the reason for it. Each case has to be checked against the actual documents.
What is the difference between a complaint to a labour inspector and a lawsuit in labor court?
A complaint to a labour inspector is an administrative route used to claim rights under labour protection law, such as unpaid wages, severance or overtime. The inspector calls both sides, examines the facts and can issue an order. A lawsuit in labor court is a judicial process that can cover broader claims, such as compensation for unfair dismissal, and ends in a court judgment. The lawyer will help assess which route fits your situation. A party who disagrees with the inspector's order must take it to the labour court within the statutory period, or the order becomes final, so choose the route before filing.
Is there a court fee for suing in labor court?
Under section 27 of the Labour Court Act 2522 (the Act on the Establishment of Labour Courts and Labour Case Procedure), labour cases are exempt from court fees. Other costs may still arise, such as travel, copying and the lawyer's fee, which is agreed in writing.
If I was pressured into signing a resignation letter, can I still claim severance?
In some cases, yes. The key question is whether the resignation was truly voluntary. If the employer threatened or pressured the employee so that there was no real choice, a court may treat it as a dismissal. The wording of the letter and the surrounding circumstances both matter, so keep your evidence and have a lawyer review the actual documents before you decide.
If I fail probation, am I entitled to severance pay?
It depends on length of service and the reason for dismissal. Severance under Section 118 applies to employees who have worked at least 120 days, so a probationary employee may or may not qualify. Notice pay must also be considered, as well as whether failing probation was a genuine reason. A lawyer should review the actual contract and evaluation documents.
Within how many years must I file?
There is no single time limit for every claim. The period depends on the type of right being claimed, for example unpaid wages, severance, or compensation for unfair dismissal, and some routes have their own deadlines. Speak to a lawyer and keep your documents so the deadline for your specific case can be checked correctly.
Can employers use the office's services?
Yes. The office acts for both employees and employers, for example reviewing employment contracts and work rules, advising before a dismissal, and defending a lawsuit brought by an employee. Under the rules of professional conduct for lawyers, the office does not act for both parties in the same dispute.
How is the lawyer's fee for a labor case set?
The fee is set according to the nature and scope of the work, for example consultation, drafting a letter or complaint, or appearing in court. The lawyer explains the scope and agrees the fee with you in writing before work starts.

Content maintained by Attorney Witoon Yaemplab. About the office

Related Topics

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Forced to Resign or Sign a Resignation Letter: Can You Still Claim Severance?
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Employer Not Paying Wages or Overtime: What Can You Do?
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Dismissed During Probation: Severance and Notice Pay Explained

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Note: The information on this page is for general educational purposes only and not specific legal advice. If you have a case or need guidance, please contact a lawyer directly at 081-544-0944

Call 081-544-0944LINE witoonlegal.com