Employment contracts in Thailand: what should be clear before work begins?

Why is a job title and salary not enough?

An employment contract should also address the workplace, responsibilities, working arrangements, remuneration components, leave, confidentiality and termination. Written terms should reflect actual employment practices and align with company rules and applicable labour requirements.

How does probation differ from the contract term?

Probation is an arrangement for assessing performance, while the contract term concerns how the employment relationship continues and ends. Labels such as 'probation' or 'short-term contract' do not determine all legal consequences. Commonly used numbers of days should not be presented as a statutory maximum applicable to every employer.

What needs attention in a bilingual contract?

Both parties should be able to understand the language versions, and the relationship between those versions should be clear. Compare responsibilities, pay, notice and dispute provisions individually; a clause making Thai prevail should not conceal translation discrepancies. THAIHOUSING can help organise contracts and employment documents to reduce differences between what is signed and what is implemented.

What additional terms are needed for home or hybrid working?

Specify the period covered, workplace arrangements, normal working and rest hours, overtime, leave, responsibilities and supervision. Also clarify who provides computers and other equipment and who bears necessary expenses. Thai labour protection rules specifically address agreed work from home or another location using information technology. Employers should also check arrangements for contact outside working hours; merely changing the office address to 'home working' while retaining the rest of an old template is insufficient.

Can leave provisions in an old contract simply be reused?

First check their consistency with the current framework. More recent Labour Protection Act amendments address maternity leave, continuous care leave subject to specified child-health conditions, and leave to assist a spouse giving birth, with corresponding pay obligations. Review the leave categories, eligibility conditions, supporting evidence and pay calculation together so that contracts, employee handbooks and payroll practice remain consistent. THAIHOUSING can check discrepancies between these documents and identify provisions and implementation steps requiring revision.

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