Being reported or complained about by an employee to the Department of Labour Protection and Welfare can be stressful for an employer, particularly when the employer is unsure about the allegations, what documents must be provided, or how to respond to the authorities.
In Thailand, employees have the right to file complaints or assert their legal rights concerning employment matters, including wages, overtime, severance pay, holidays, leave, and other statutory benefits.
However, an employee's complaint does not automatically mean that the employer has violated the law.
The employer has the right to explain the facts, provide supporting evidence, and defend its position before the relevant authorities.
What Can an Employee Complain About?
Employees may file complaints concerning various employment issues, including:
- Unpaid wages
- Underpayment of wages
- Unpaid overtime
- Unpaid holiday or public-holiday compensation
- Failure to provide statutory leave
- Failure to pay statutory severance
- Failure to provide payment in lieu of advance notice
- Unlawful deductions from salary
- Unfair dismissal
- Breach of an employment contract
- Working conditions
- Other violations of Thai labour protection laws
For foreign employees, additional issues may arise concerning work authorization, employment conditions, and immigration status.
What Should an Employer Do After Receiving an Employee Complaint?
The first step is not to panic or respond emotionally.
The employer should determine:
- 01The complaintWhat exactly the employee has complained about
- 02The authorityWhich government authority received the complaint
- 03Official noticeWhether the company has received an official notice
- 04Requested documentsWhat documents the authorities have requested
- 05ConsistencyWhether the employee's allegations are consistent with the facts
- 06Available evidenceWhat documents and evidence the company has to support its position
The employer should clearly distinguish between the employee's allegations and facts that can be supported by documentary evidence.
Does an Employer Have the Right to Respond to the Complaint?
Yes.
An employee's complaint is a claim or allegation that may be subject to investigation. It does not automatically establish that the employer is legally liable.
The employer may provide documents and evidence to the authorities, such as:
- Employment contracts
- Company work rules
- Time attendance records
- Overtime records
- Payroll records
- Payslips
- Bank transfer records
- Warning letters
- Termination letters
- Emails
- Messages
- Meeting records
- Leave records
- Evidence of severance payments
Proper documentation can be extremely important when establishing the facts.
What If the Employee Claims That Salary Was Not Paid?
The employer should immediately review whether the employee's salary was fully paid, including the payment dates and bank transfer records.
If the company has paid the salary in full, it should prepare evidence such as:
Bank Transfer Records + Payroll Records + Payslips
These documents can help demonstrate that the employee received the relevant payments.
If the company discovers that wages are actually outstanding, the employer should assess the situation and consider resolving the issue promptly. Allowing unpaid wages to remain unresolved may increase the company's legal exposure and potential costs.
What If the Employee Complains About Overtime?
Overtime disputes are common in employment cases.
The employer should review:
- Whether the employee actually worked beyond normal working hours
- Whether overtime was authorized or approved
- How working hours are recorded
- Whether the employee falls within any statutory exception
- How overtime payments were calculated
- Whether overtime payments were actually made
Employers should not rely solely on a statement such as “the employee was not authorized to work overtime.”
If the evidence shows that the employee regularly worked beyond normal working hours, the issue may still require further legal assessment.
The rights and obligations concerning overtime must be considered based on the facts and applicable Thai labour laws.
What If the Employee Files a Complaint After Being Terminated?
This situation requires particular caution.
The employer should preserve all documents relating to the termination, including:
- The reason for termination
- Performance evaluations
- Warning letters
- Performance improvement records
- Evidence of misconduct
- Termination letter
- Severance payment records
- Other payment records
If the employer claims that the employee committed misconduct, the employer should have reliable evidence supporting the allegation.
Employers should avoid creating or modifying documents after a dispute has already arisen.
Can an Employer Terminate an Employee Because the Employee Filed a Complaint?
This issue must be handled very carefully.
An employer should not terminate an employee simply because the employee exercised a legal right or filed a legitimate complaint concerning employment rights.
Depending on the circumstances, such conduct may create additional legal issues under Thai labour law.
If the employer already has an independent and legitimate reason for termination, the company should properly document the reason and supporting evidence.
It is advisable to obtain legal advice before taking action, particularly where the employee has recently filed a complaint with a labour authority.
What If the Employee Made a False Complaint?
If the employer believes that the employee's complaint is inaccurate or false, the employer should primarily rely on documents and evidence when responding to the authorities.
The employer should not threaten, intimidate, or pressure the employee to withdraw the complaint.
If the allegations are serious or have caused significant damage to the company, the employer should have a lawyer review the facts and determine whether there are any separate legal remedies available.
What Documents Should an Employer Prepare for a Labour Authority?
The employer should consider preparing the following documents.
Employment Documents
- Employment Contract
- Job Description
- Company Work Rules
- Employee Handbook
Salary and Payment Documents
- Payroll Records
- Payslips
- Bank Transfer Records
- Salary Records
- Overtime Records
Working-Time Documents
- Time Attendance Records
- Leave Records
- Overtime Approval Records
- Performance Evaluations
Disciplinary and Termination Documents
- Warning Letters
- Disciplinary Records
- Termination Letter
- Resignation Letter
- Settlement Agreement
- Evidence supporting the reason for termination
What Happens If an Employer Ignores a Labour Authority's Notice?
If an employer receives an official notice or summons from a relevant authority, the employer should not simply ignore it.
The company should carefully review the notice, identify the deadline, and prepare the relevant documents and authorized representative to respond.
If the employer cannot attend on the scheduled date, it should contact the relevant official as soon as possible to discuss whether an extension or alternative procedure is available.
Ignoring the process may cause the employer to lose an important opportunity to explain its position and protect its legal interests.
Should an Employer Negotiate with the Employee?
In some cases, negotiation may be an appropriate solution, particularly where the dispute can be resolved without litigation.
Settlement negotiations may help reduce:
- Legal costs
- Time spent on the dispute
- Litigation risks
- Reputational risks
- Conflict between the employer and employee
However, if the parties enter into a Settlement Agreement, the document should clearly state what has been agreed, the amount to be paid, and which claims or obligations have been resolved.
When Should an Employer Consult a Lawyer?
An employer should consider obtaining legal advice as soon as possible if:
- An employee has filed a complaint with the Department of Labour Protection and Welfare
- The company has received an official notice from a labour authority
- The employee is claiming a significant amount of money
- The employee alleges unfair dismissal
- The employee threatens to file a Labour Court case
- The company is considering terminating an employee involved in a dispute
- There is a dispute concerning overtime or wages
- The employee is a foreign national
- The company has been asked to sign a Settlement Agreement
Obtaining legal advice at an early stage can help an employer develop an appropriate strategy for responding to the complaint and reduce potential legal risks.
Conclusion
An employee complaint does not automatically mean that the employer is legally at fault.
An employer has the right to explain the facts and present evidence during the relevant investigation. However, the employer should respond professionally, systematically, and in accordance with Thai labour law.
The most important steps are to preserve evidence, verify the facts, and respond appropriately under the law.
In particular, disputes involving wages, overtime, severance pay, termination, and employee complaints to labour authorities should be handled carefully.
An employer should consider obtaining legal advice before taking any action that could affect the company's legal position or lead to further litigation.
Legal Assistance for Employers in Thailand
Nathee Legal Firm provides labour law services for employers and companies in Thailand.
Our legal team can assist with:
- Employment disputes
- Employee complaints
- Unpaid salary claims
- Overtime disputes
- Severance pay
- Wrongful and unfair dismissal
- Employment contract review
- Settlement negotiations
- Labour Court proceedings
- Legal advice for foreign employers and employees
If your company has received an employee complaint or an official notice from a labour authority, do not ignore it.
Our lawyers can review the facts and documents, assess the company's legal position, and advise on an appropriate strategy to protect the company's rights and interests.