Employee Relocation Rights – Advice from a Lead Law Firm in Bangkok
Understanding employee relocation rights is critical for both employees and employers in Thailand, especially when facing significant changes such as workplace transfers to another province. A lead law firm in Bangkok often advises clients on protecting employee rights under Thai labor law and ensuring employers comply with statutory obligations. Employees with family responsibilities or local commitments may find relocation challenging, and knowing their legal protections is essential to avoid disputes.
This article explores the legal framework for employee relocation, employer obligations, and actionable advice for employees in Thailand.
Understanding Employee Relocation Rights
What Constitutes Employee Relocation?
Employee relocation occurs when an employer moves operations to a new location, requiring employees to transfer. While relocation can align with business strategy, it carries legal obligations. Employees are not automatically obliged to relocate unless stipulated in their employment contracts.
Legal Protections Under Thai Law
Labor Protection Act, Section 120
Section 120 ensures that employees cannot be forced to relocate without consent. If dismissal occurs due to refusal, employees are entitled to statutory severance pay.
Labor Protection Act, Section 13
Section 13 protects employees when changes affect the employer or employment terms. Employees must voluntarily consent, and rights and benefits cannot be diminished.
Civil and Commercial Code, Section 577
Section 577 clarifies that unless the employment contract explicitly allows relocation, the employer cannot enforce it. Forced resignation to circumvent severance pay can be legally challenged.
External Reference: ILO Thailand – Labor Standards
Employer Obligations During Relocation
Obtain Employee Consent
Employers should provide clear information about:
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New work location
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Reporting date
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Salary or benefit changes
Compensation Obligations
If employees refuse relocation and are dismissed, statutory severance pay applies:
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Notice of termination or pay in lieu
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Severance pay based on service length
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Accrued benefits such as unused leave
Avoiding Coercion
Employers cannot force resignation or use intimidation. Such practices violate labor law and may lead to legal claims.
External Reference: Department of Labor Protection and Welfare
Employee Rights and Options
Right to Refuse Relocation
Employees may decline relocation without losing entitlement to severance if dismissal occurs.
Legal Remedies
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Filing a complaint with DLPW
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Civil action for wrongful dismissal
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Claiming severance, unpaid wages, and other accrued benefits
Negotiation and Mediation
Employees can negotiate relocation terms, including relocation allowances or flexible arrangements.
External Reference: Thai Labor Law Information
Case Example: Factory Relocation from Bangkok to Chiang Mai
Situation
A Bangkok-based private company with 50 employees moved operations to Chiang Mai. Employees were pressured to relocate or face dismissal.
Legal Implications
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Coercion to resign violates Thai labor law.
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Dismissal for refusing relocation triggers statutory severance pay.
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Employer’s failure to obtain consent breaches Sections 120 and 13.
Legal Outcome
Employees cannot be forced to move. Coercion to resign can be legally challenged, and full severance is due.
Advice for Employers
Draft Relocation Clauses
Include conditions for relocation, employee obligations, and compensation in employment contracts.
Communicate Transparently
Inform employees early about relocation plans to minimize disputes.
Respect Legal Rights
Avoid intimidation or coercion; ensure compliance with notice periods and severance obligations.
Advice for Employees
Review Contracts
Check for relocation clauses and understand your rights.
Keep Documentation
Record notices, emails, and conversations regarding relocation.
Consult a Lead Law Firm in Bangkok
Professional legal advice ensures protection of rights and proper severance.
Legal Remedies and Enforcement
Filing with Labor Authorities
Submit complaints to the DLPW, which can mediate disputes and enforce compliance.
Civil Litigation
Civil claims can recover unpaid severance, wages, and benefits. Courts consider coercion and unfair dismissal seriously.
Alternative Dispute Resolution
Mediation or arbitration offers faster resolution than full court proceedings.
Conclusion
Understanding employee relocation rights is vital in Thailand. Employers must obtain consent, provide compensation, and respect employee rights. Employees cannot be forced to relocate, and coerced resignations are legally challengeable. Consulting a lead law firm in Bangkok can provide guidance and ensure compliance with labor law, protecting both employees and employers.
External Resources for Further Reading: