In case of termination of employment, the Labour Protection Act B.E. 2541 prescribes
the employer’s duty and the employee’s rights in accordance with the ILO Convention 158,
which specifies on termination of employment that;
1. The employment of a worker shall not be terminated unless there is a valid reason
for such termination connected with the capacity or conduct of the worker.
2. A worker whose employment is to be terminated shall be entitled to a reasonable
period of notice or compensation in lieu thereof, unless he is guilty of serious misconduct.
3. If the termination is unjustified and the employer cannot propose reinstatement to
the worker, he shall be entitled for adequate compensation as may be deemed appropriate.
According to the ILO Convention standards on the termination of employment as
mentioned above, the Labour Protection Act B.E. 2541 prescribes that an employer
terminated a worker must pay the severance pay to the terminated employee. Termination of
Employment under the Act is meant any act where the employer refuses to allow an employee
to work without paying wages on expiry of contract of employment or any other cause, and
includes where the employee dose not work and receive no wages on the grounds that the
employer is unable to continue the undertaking. The intention of the Act is to protect any
terminated employee to get severance pay whether he or she is terminated, employer quit his
or her enterprise, or the contract of employment is expired, excluded the following case;