Labour Laws Q&A ... with Supachai Manusphaibool

Resignation takes effect when the intention is made known even verbally. There is no need for anyone to allow or disallow resignation, even without the required advance notice.

An employer should also be happy that no severance payment needs to be paid. Yet, an employee could still be dismissed or his services terminated after tendering his resignation. Consider the following scenarios:

--  Serious wrongdoings were discovered, necessitating a dismissal order to deny the employee his benefits, such as bonus, provident fund, wage in lieu of annual holiday not taken, etc.

--  The resignation letter, or verbal statement of resignation, was addressed to a superior who is not the authorised person of the company. When such a resignation notification is not processed by the right channels and the employee stops reporting to work, he could be dismissed on grounds of neglecting duties for three consecutive work days. This is especially true when the absence is damaging to the company.

For a cessation of employment contract, the Labour Protection Act BE 2541 Section 17 requires an advance notice, from either employer or employee, that is no less than one pay period.

The employer has to provide wages in lieu if there is no advance notice. There is no penalty when the employee resigns without notice.

Supachai Manusphaibool is the managing director of MR&TS, a cross-cultural management consultancy. Send your questions to mrts@ksc.th.com