Employees should learn about the probation period in Thailand if they are employed locally or overseas. Moreover, going through a trial phase is essential since it explains how long one can remain with the company and what they can expect from it in the long run. Here, we will go over the main elements of the employment law, usual procedures, specific rules for expats, and what can be done to protect employee interests during probation period.
What Is the Probation Period in Thailand?
When an employee take up a new job, there is a period known as a probation period to test if the employment relationship is suitable for all parties. Moreover, during this time, managers examine the employee’s strengths, work habits and matches with the company’s culture.
Even though probation isn’t clearly mentioned or regulated in Thai labor laws, it is a common way of introducing new employees to the workplace. For this reason, knowing the provisions about probation period in Thailand in employment contract and Thai laws is necessary for all employees.
Typical Duration of the Probation Period in Thailand
Furthermore, it is common for companies in Thailand to keep the probation period between 30 and 119 days which is 1 to 4 months. The length is set by the company’s rules and what is written in the employment contract.
Why 119 Days?
Because of the Thai Labour Protection Act, those who have completed 120 days of continuous employment are entitled to severance pay if the company terminates their contract. If less than 120 days pass during the probation period in Thailand, the employer is not required by law to pay severance when terminating the contract.
For this reason, various companies establish probation periods close to 120 days to reduce their financial obligations. Full protection and severance rights will be granted to the employee once the probation time passes 119 days.
Employee Rights During Probation Period in Thailand
Contrary to popular belief, probation employees have many basic rights even during their probation period. Moreover, probation period in Thailand means the employee is temporarily employed, but basic labor laws are still being followed.
Salary and Benefits
- Employees should get their full agreed salary for probation period in Thailand, recieve it on time or have no unapproved deductions.
- According to employee contract or the company’s policies, employers should give any allowances mentioned, bonuses or overtime pay.
- Certain employers might receive performance rewards and incentives after the probation, but one can never have their base pay lowered.
Leave Entitlements
- If an employee is on probation in the public sector, they will be given sick leave and annual leave based on days worked.
- Employers must enroll employees into the Social Security Fund so they can receive healthcare, maternity benefits and money and accident compensation.
- During probation, employees can take 30 paid sick leaves per year.
Protection Against Unfair Termination
Since probationary employers can be terminate employees more easily, the terminations should not lead to discrimination or violate the law.
- The reason for ending probation can be a person’s job performance, misconduct or changes affecting the business, but it has to be justified.
- Employees may ask for the reasons behind their dismissal.
- When employment goes beyond 120 days, as a result, employees are entitled to severance pay according to their employment duration.
Working Hours and Overtime
- Staff working on probation need to follow the same regulation of working no more than 8 hours a day and 48 hours per week as permanent staff.
- For instance, when employees work more than the standard hours, they are eligible for overtime pay.
Termination Rules During Probation in Thailand
Before 120 Days
- Employers are allowed to terminate their contract without giving severance compensation.
- In addition, the notice period depends upon their contract; policies of courtesy notice are usually 7 days, though they are not legally entitled to them during probation.
- When there is gross misconduct, employers may only terminate without notice if it is justified.
After 120 Days
- Employees can only be terminated when there is a valid reason.
- Employers must provide notice or payment.
- Severance pay is provided, depending on the number of years an employee has worked for the company.
- If an employee is terminated without cause after the 6-year period, it may be illegal.
How Employees can Protect themselves
- Maintain copies of documents such as their contract, performance reviews, and warnings.
- Insist on having written documentation for the reasons they were terminated.
- Adding to that, If employees think their termination was unfair, help can be seeked from legal counsel.
Special Probation Period Rules for Expats in Thailand
However, for an expat, there are special considerations related to work permit and visa during the probation period in Thailand.
Work Permit and Visa Dependency
- So, the legal status in Thailand depends on employment status.
- Additonally, if the employee is terminated during probation, the tour employer has to inform the immigration office.
- Usually, after termination, a period of around 30 days to either find employment or leave the country.
Probation Clauses in Expat Contracts
- Many expat contracts outline the probation period and the consequences for termination.
- Since it may be that the probation period is longer, because of requirements such as visa sponsorship and processes.
- Also an employer might set out rules on visa sponsorship continuation or repatriation in case of termination.
Additional Protections for Expats
- Expats should always ensure information on probation in their employment contract.
- They should also be aware of immigration laws and timelines after probation or termination.
Exceptions and Special Cases
Probation Extensions
- Employers can extend probation with an agreement with the employee.
- Past 119 days, probationary employees gain all the rights of permanent employees.
- Ensure employees understand all extensions and document them.
Role Changes and New Probation
- Moving to a new position could mean the employer imposes a new probation period.
- Confirmation in writing ensures there is no misunderstanding.
Fixed-Term Contracts
- There are some short-term jobs with no probation since they last for six months or less.
- Contracts and labor laws determine the rights that are established.
No Probation Clause
- Should the contract not include probation, one immediately becomes a permanent employee.
- Therefore, people are covered by all the legal rights and protections right from day one.
Employee Probation Checklist
|
Step |
Action |
Why It Matters |
|
1 |
Take Time to Read Your Contract |
Understanding the period of probation, termination rules, pay, and any benefits that are part of the contract. |
|
2 |
Clarify Expectations |
Discuss performance standards and targets with the manager. |
|
3 |
Track Work and Accomplishments |
Keep records of everything accomplished and the feedback received. |
|
4 |
Know Your Rights |
Get familiar with the organization’s policies on leave, social security fund, and terminating jobs. |
|
5 |
Attend Training |
Display commitment and eagerness to learn. |
|
6 |
Request Feedback Regularly |
Provides a chance to get better improve.
|
|
7 |
Document Communications |
Written or emailed records that can assist with disputes on probation. |
|
8 |
Understand Visa and Work Permit Conditions (for expats) |
Be aware of the expected deadlines and the required documents. |
|
9 |
Prepare for Probation Review Meeting |
Summarize your contributions and be ready to discuss your plans ahead. |
|
10 |
Reach out for Support |
Reach out to your HR or legal departments for any issues. |
How Zimyo Can Help Manage Probation Smoothly
Efficiently dealing with probation period in Thailand may be tricky for companies with plenty of employees to look after. Thus, this is when advanced HRMS such as Zimyo, becomes very important.
For Employers:
- Zimyo automates the process of probation tracking and sends reminders when reviews are due.
- All documents related to employees, such as contracts and evaluation forms, are safely kept in the system.
- Because of it, a company can maintain compliance with Thai Labour laws, thus minimizing legal worries.
- With Zimyo’s payroll system, salary and benefit processing for probation staff is always accurate.
For Employees
- Employees receive transparent access to their probation period and status.
- They can conveniently track their leave balance and attendance.
- Also, receive early notifications whenever a review is coming up or there are contract changes.
- Communicate directly through the platform, keeping records of all exchanges.
Conclusion
Even though the probation period is brief, it can influence an employee’s future in the company for a long time. One should keep track of the usual 119-day cap, learn about severance package, and understand if their visa is affected, as an expat. Thus, learning the details and using the tools can help handle probation more easily. If an employee is involved in probation, Zimyo helps ensure everything is carried out correctly, without any trouble.
FAQ's ( Frequently Asked Questions)
What is the normal period for probation for employees in Thailand?
For many companies, the probation period is usually 30 to 119 days. The aim for employers is to handle these procedures without exceeding 120 days or else they might have to give severance pay.
Are leaves allowed during probationary period in Thailand?
Yes, sick and annual leaves are provided, as well as enrollment for the SSF Fund.
Can the duration of the probation period be prolonged in Thailand?
However, all extensions should be discussed and recorded. Getting coverage past 119 days means employees have full coverage from the start of their employment.
How can employees protect themselves in case of illegal or unjust termination?
Maintain important documents and look for help from labor experts, legal consultants, or the Department of Labour Protection and Welfare.
How do Zimyo's services aid in probation period management?
Zimyo ensures you can always follow your probation status, leave application, attendance records, payroll, and contract details. mattis, pulvinar dapibus leo.
