White Collar and Thai Labor Law

White-collar crime refers to non-violent criminal acts typically committed by individuals in business. These crimes often involve deceit, fraud, or financial manipulation for personal gain. In Thailand, labor law permits employers to suspend employees suspected of fraud while investigations are conducted, provided that the company’s work policies and employment terms authorize such actions.

Without the company’s work policies, the employers are required to provide severance pay up to 400 days’ wages and issue appropriate notice of termination between 30 and 90 days to employees dismissed on suspicion of fraud. To avoid paying severance, the employers are required to demonstrate that the employees’ conduct falls into an exception of the following legal requirements:

  1. Dishonest performance of duty;
  2. Willfully causing damage or negligent causing serious damage;
  3. Violation of the company’s work rules and regulations;
  4. Falling to faithfully discharge the employee’s duty; and
  5. Being sentenced to imprisonment by a final court judgement.