Employee Relocation Rights – Advice from a Lead Law Firm in Bangkok

Employee relocation rights explained by a lead law firm in Bangkok with legal guidance for workplace transfers in Thailand

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:

  • New work location

  • Reporting date

  • Salary or benefit changes

Compensation Obligations

If employees refuse relocation and are dismissed, statutory severance pay applies:

  • Notice of termination or pay in lieu

  • Severance pay based on service length

  • 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

  • Filing a complaint with DLPW

  • Civil action for wrongful dismissal

  • 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

  1. Coercion to resign violates Thai labor law.

  2. Dismissal for refusing relocation triggers statutory severance pay.

  3. 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:

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