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LABOUR LAWS Q&A

Can an employer impose disciplinary action on the employee's misconduct even when it is unrelated to work?

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



Can an employer impose disciplinary action on the employee's misconduct even when it is unrelated to work?

Normally, what an employee does outside the company's work hours and outside the workplace is none of the employer's concern.

However, a guideline or a code of behaviour, as part of a company's regulations, always includes instruction against the following:

n Using the company's name, product, or logo in dealing with outsiders without the explicit permission, or consent of the company.

n Getting involved in illegal or immoral activities.

Some companies do not allow their staff to leave the workplace while in uniform. Lockers and changing rooms are provided to enforce this rule.

Workers who resign and leave the company are required to return uniforms and clothing bearing the company's name or logo.

An employee unnecessarily identifying himself/herself with the company could be seen as avoidable conduct.

On the other hand, employers everywhere would like to benefit from their employees' good behaviour.

They enjoy their good image, and claim that employees are a reflection of the company's corporate social responsibilities.In fact, employers should leave law-enforcement agencies to deal with any misconduct outside the workplace, outside working hours, or unrelated to work. If any such misconduct results in imprisonment, then the employer may dismiss the employee without any severance payment as stated in the Labour Protection Act.

 However, termination may end up as being unfair unless the damage can be proved.


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