| The right to exercise a management prerogative | | | | consideration, a long term unexplained absence |
| is disproportionate to the seemingly numerous | | | | should certainly be a lawful reason for termination. |
| fundamental rights of the workers under Thai | | | | 4. Intentionally causing loss to an employer. Every |
| laws. This is reflected in the numerous cases filed | | | | business employs a sales approach one way or |
| in the labor courts every day vis-à-vis the | | | | the other. That is precisely why it is called a |
| employment and unemployment rate in the | | | | "business", an income-generating activity. Every |
| country. This article is intended to shield the | | | | employee is hired because he or she has |
| employer from "wrongful termination" suits and | | | | something to offer to add up to the income of |
| the employee from being "disarmed" by their | | | | the business, not the other way around. Losses |
| cunning employers. | | | | can be expected. Difficulties are met and |
| Below are some of the valid reasons for | | | | addressed. But when the employee intentionally |
| terminating an employee. | | | | sabotages the business of his employer, he or |
| 1. Violation of the work rules, regulations or | | | | she ceases to do the job he or she was hired |
| orders. This may be used to terminate an | | | | for, thus justifying the need to terminate the |
| employee if prior proper warning has been given | | | | relationship. |
| by the employer. A written warning is effective | | | | Note however that this ground for termination |
| for one year from the date of the violation. | | | | must be proved with clear and convincing |
| Before this ground can be used though, the | | | | evidence. The "intention" is a mere state of mind |
| employee must have been properly informed of | | | | and remains unknown absent overt acts tending |
| the work rules at the onset of the employment. | | | | to cause the losses contemplated herein. |
| The work rules, moreover, must be both lawful | | | | 5. Commission of a criminal offense against the |
| and fair. Otherwise, it is a mere scrap of paper | | | | employer. Naturally, if a criminal offense is |
| under which neither legal rights nor obligations may | | | | committed against the employer, termination |
| arise. It is null and void. | | | | follows. The fact of commission must however |
| 2. Incompetence. This perhaps is the most difficult | | | | be proved beyond reasonable doubt. Serious |
| to prove of all the valid grounds for termination, | | | | accusations are involved here and will likely |
| but is the most commonly used. To be able to | | | | destroy a person's life, liberty and honor. False |
| use this as a ground, the employer must make | | | | accusations of a crime are equally punishable. |
| sure that periodical performance appraisals are | | | | Therefore, if an employer intends to use this |
| conducted and duly documented. The scope and | | | | ground, he must do so in good faith and with no |
| nature of the work and the manner the work is | | | | malice. |
| to be conducted must be carefully explained to | | | | 6. Imprisonment under a final court judgment. |
| the employee not only to achieve the desired | | | | Note that the imprisonment must have been |
| result but also to avoid incompetence in the work | | | | caused by a final court judgment and not just |
| environment. | | | | some petty offense. |
| 3. Excessive and unexplained absences. Absences | | | | The bottom line really is that the employees must |
| for short periods and for reasonable causes are | | | | be treated fairly and nothing should be left to |
| allowed under the labor laws. Public holidays are | | | | memory. Have everything in writing. The success |
| required to be observed. Maternity, sick and | | | | of any organization depends largely on a fair and |
| annual leaves are statutorily granted to the | | | | well thought-out system. When in doubt, consult |
| employees as well. Taking all these into | | | | an experienced labor lawyer. |