Joint HR and Legal Committee: Labor Law Updates: Employee Termination and Reducing Your Risk

Joint HR and Legal Committee: Labor Law Updates: Employee Termination and Reducing Your Risk

On Jan 14th, AMCHAM Thailand’s HR and Legal Committee hosted a joint event on Labor Law Updates: Employee Termination and Reducing Your Risk, kicking off the first AMCHAM event of 2020 at the Westin Grande Sukhumvit.

As technology continues to disrupt, companies respond by reorganizing to adapt and survive. This increasingly brings the issue of severance and termination into sharp focus, meaning the legal landscape has never been more complex for employers in Thailand.

With rapid development across many industries, it is therefore critical that businesses keep up to speed with the latest considerations regarding employment law, hiring beyond retirement age, complex flexible benefits packages, management of under-performing staff, data protection and social media.

Edward T. Attanasio, Senior Vice President, World Wide Human Resources for Fabrinet Company, Ltd., shared his knowledge and insight on causes and grounds for any adverse employment action, including termination of employment and requisite steps to mitigate risks of termination of employment such as disciplining and taking corrective action. These causes could (unless resignation, retirement, or death) be any that is a violation of work rules and regulations, performance below company standards, severe health problems, etc. and the different case studies in which severance must be paid. He also shared valuable information on severance paid on retirement, citing examples of managing conflict in situations when the retirement age needs to be changed in the Work Rules and Regulations, and if in any manner less favorable to employees requires consent of all employees. He highlighted section 119 of the Labor Protection Act that lists out conditions in which an employer does not have to pay severance. He summed up his presentation with specific cases both simple and more difficult that would require for severance to be paid.

Pisut Rakwong, the Founder and Managing Partner of Pisut & Partners explained the latest PDPA in context of collecting personal information for hiring and securing consent from applicants to source details such as background checks and medical records. His main areas of practice are dispute resolution, corporate, insolvency and restructuring, trade competition, labor & employment, insurance, administrative and white-collar criminal matters.

Both speakers shared best practices for hiring, termination and severance highlighting requisite measures to manage risks. The presentations were followed by a Q & A with the attendees, who asked different questions on privacy law, rules for termination of employment of higher management, unproductive staff and protecting private data. The presentations of both the speakers are available under Resources under the Member Information Centre for all AMCHAM members to access.

Always one of the highlights of the HR/Legal Committee calendar, this interactive seminar session brought everyone attending up to date with the latest changes and precedents in Thai Labor Law for 2020 with a focus on sharing practical tips on how to fairly and legally terminate employees from highly experienced legal professionals.

Special thanks to both the HR and Legal Committee Co-Chairs for their efforts in organizing this event. For more photos, please visit AMCHAM's Facebook page.

 

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