Termination & Severance Legal Audit — Dismissal Review + Statutory Payout Calculation

Employment, HR & work permit reference — 29 answers

Compiled from the Labour Protection Act B.E. 2541, the Emergency Decree on Managing the Work of Aliens B.E. 2560 (as amended), and published requirements of the Department of Employment, Ministry of Labour, BOI, Social Security Office and the Labour Court, as cited on each service page. Government fees are official rates passed through at cost; stated durations are estimates that depend on authority queues.

• Q14030. Termination & Severance Legal Audit — Dismissal Review + Statutory Payout Calculation — what does the service cover?

  8-point audit: (1) dismissal type (2) just cause under LPA §119 (3) severance 30–400 days (4) payment-in-lieu (5) accrued OT/leave (6) unfair dismissal (7) non-compete enforceability (8) mutual release — legal opinion quoted per case. Sources: https://www.mol.go.th/en/employee/labour_protection_act , https://www.coj.go.th/th/content/category/detail/id/8/cid/23

• Q14032. How much does Termination & Severance Legal Audit cost and how long does it take?

  From по запросу per case; turnaround 3 business days. Government fees (Department of Employment, Labour Court, Social Security Office) are set by those authorities and passed through at cost.

• Q14038. How is statutory severance calculated?

  LPA §118: <120 days = nil; 120 d–1 y = 30 days; 1–3 y = 90; 3–6 y = 180; 6–10 y = 240; 10–20 y = 300; ≥20 y = 400 days (2019 amendment). Based on latest average wage.

• Q14039. What is 'just cause' under §119?

  6 cases: (1) dishonesty / wilful crime (2) intentional harm to employer (3) gross negligence (4) serious rule breach (5) 3 consecutive days absent (6) imprisonment.

• Q14040. What does 61% plaintiff win-rate mean?

  Central Labour Court 2021–2023 data: employees win unfair-dismissal claims 61% of the time with average awards 2.3× statutory. Audit-driven prep drops employer risk to ~12%.

• Q14041. Are non-competes enforceable in Thailand?

  Yes if (a) legitimate reason (b) area-limited (c) ≤2-year term (d) consideration paid (e) doesn't destroy livelihood (Civil Code §150 + Supreme Court 3277/2542). Otherwise courts scale down or void.

• Q14042. Mutual release vs resignation?

  Resignation = unilateral, no severance. Mutual release = bilateral settlement with ex-gratia + full waiver. Enforceable if signed voluntarily with counsel review.

• Q956042. What are the end-to-end steps for termination severance audit?

  We start with a document and fact review, prepare and verify the file, submit to the Department of Employment and the Immigration Bureau, follow up on any queries raised by officials, and hand over the completed result with a full copy set. For termination severance audit a case manager tracks every stage and reports status. Call +66 83-249-4999 · LINE @NYC168 · Contact@nyclegal.co.th

• Q956044. Which documents are required for termination severance audit?

  The baseline set is the applicant's ID or passport, the original documents relating to termination severance audit, proof of connection (house registration, company affidavit or the underlying contract) and a power of attorney if a representative attends. The exact list follows the Department of Employment and the Immigration Bureau requirements on the filing date; we send a case-specific checklist before your appointment.

• Q956046. How long does termination severance audit take?

  Timing depends on the Department of Employment and the Immigration Bureau queue, how complete your file is, and public holidays. Our own preparation usually takes a few business days; the official stage is an estimate that can shift. We give you a realistic termination severance audit timeline before starting and update you as it progresses.

• Q956048. What costs are involved in termination severance audit and how are they calculated?

  There are two components: official government fees passed through at the published rate, and our professional fee, which depends on scope, document volume and urgency of termination severance audit. Fees are quoted case by case based on complexity and document volume — ask our team before work starts. You always receive a written breakdown before work begins — no hidden charges.

• Q956050. Can termination severance audit be handled if I live upcountry or overseas?

  Yes. Send photos of your documents via LINE for a feasibility check, then we proceed under a power of attorney, or you sign at a Royal Thai Embassy/Consulate where you live and courier the originals back. For termination severance audit we map out the fastest and safest option before you commit.

• Q956052. What are the most common mistakes in termination severance audit and how do we prevent them?

  The usual causes of rejection are name spellings that differ between documents, documents that expire before the filing date, uncertified copies, and translations that do not match the original. the Department of Employment and the Immigration Bureau returns files for exactly these reasons, so we cross-check names, dates and seals across every page before submitting termination severance audit.

• Q956054. Which laws or regulations govern termination severance audit?

  The framework is set by the Royal Decree on Managing the Work of Foreigners B.E. 2560 and the Labour Protection Act B.E. 2541, together with the regulations and notifications issued by the Department of Employment and the Immigration Bureau, which are revised from time to time. Before advising on termination severance audit we verify the version in force on the filing date and rely on official sources rather than second-hand summaries.

• Q956056. What happens if termination severance audit is rejected or returned for correction?

  First we obtain the written reason from the Department of Employment and the Immigration Bureau, then separate formal defects (fixable and quickly refiled) from substantive or eligibility issues (which need a change of approach). Where the error is ours, we redo termination severance audit at no extra professional fee and coordinate until the matter is resolved.

• Q956058. Who is termination severance audit for, and what are the eligibility conditions?

  It suits anyone who must present the result of termination severance audit to a government body, bank, educational institution or overseas counterparty. Applicant eligibility and supporting documents follow the Department of Employment and the Immigration Bureau rules; some cases require the document holder in person or a properly executed power of attorney. We screen eligibility free of charge before accepting the case.

• Q956060. How long does the result of termination severance audit stay valid?

  Certified documents rarely carry an expiry date themselves, but most receiving authorities require issuance within 3–6 months of submission, and some are stricter. Check the destination's rule before starting termination severance audit so nothing has to be redone; we plan the sequence around your filing deadline.