Probation, notice and severance: how a job can legally end in Thailand
Probation staff keep their rights. Ending most jobs needs written notice (about one month) or pay in lieu, and severance is owed once an employee has worked 120 days or more — unless there's serious cause.
The quick version
There's no special "probation law" that removes your rights — probation staff are protected too. To end most jobs, the employer must give written notice (about one month) or pay in lieu. And if the company ends the job without serious cause, severance is owed once the employee has worked 120 days or more.
What the law says
- Probation: there's no fixed legal limit, but most employers use 119 days — because at 120 days, severance entitlement begins.
- Notice: termination normally needs written notice given by a pay period in advance (about one month), or payment in lieu of notice. Resigning employees give notice the same way.
- Severance (paid by the employer when it ends the job without serious cause), by length of service:
- 120 days – under 1 year: 30 days' pay
- 1 – under 3 years: 90 days' pay
- 3 – under 6 years: 180 days' pay
- 6 – under 10 years: 240 days' pay
- 10 – under 20 years: 300 days' pay
- 20 years or more: 400 days' pay
- No severance if the employee resigns, or is dismissed for serious cause (e.g. dishonesty, intentional damage, gross negligence, repeated rule-breaking after a valid written warning, or 3+ days' unexplained absence).
Both sides
For employees
- Probation doesn't strip your rights. You still get wages, notice, and protection from unfair treatment.
- If you're let go without serious cause after 120 days, you're owed severance — separate from any unpaid wages.
- If you resign, give proper notice so you leave clean and keep your reference.
For employers
- Decide before day 120 whether a probation hire stays — that's the line where severance starts.
- Put notice in writing. Skipping notice means paying in lieu anyway.
- "Serious cause" has a legal meaning. Don't assume it — document the facts or expect to pay severance.
Myths & gray areas
- "Probation = no rights / fire anytime free." False. You can end probation, but notice rules still apply, and after 120 days severance does too.
- "Poor performance = serious cause, no severance." Usually not. Weak performance generally still requires notice and severance. Serious cause is a high bar.
- "A verbal warning is enough to justify dismissal." For the no-severance route you generally need a valid written warning on file (good for one year).
What good looks like
Treat the 119-day mark as a real decision point, not a default. Give honest feedback early so probation isn't a surprise. When a job has to end, do it in writing, pay what's owed without a fight, and let people leave with dignity. It protects the business legally and protects your reputation as an employer — which, on a platform like Shifted, follows you.
Plain-language summary, not legal advice.
Laws and figures change. For your situation, confirm with the source or a licensed Thai lawyer. Department of Labour Protection & Welfare hotline: 1506. Disputes can go to the Labour Court.
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