Did you know probation period in Thailand typically lasts just 119 days to avoid costly severance obligations?

Navigating this brief but crucial window is about more than timelines: it is a balance of compliance, fair evaluation and protecting your business.

Probation period Thailand rules rights employers employees

For employers, staying within the boundaries of Thai labor law means more than simply marking the calendar.

It demands clear contracts, documented feedback, and transparent processes, essentials for avoiding legal disputes and building trust with your team from day one.

Key Takeaways

  • Clearly define probation terms in a written contract and register all employees (including probationers) with the Social Security Fund from day one for full compliance.
  • Set probation periods at a maximum of 119 days to avoid statutory severance pay liability under the Labour Protection Act; state the exact duration and criteria in the contract.
  • Maintain accurate documentation at each stage, including evaluation records and feedback, to provide legal protection and support transparent, fair processes.
  • Guarantee all legal rights to probationary employees: Ensure access to minimum wage, overtime, all statutory leaves, and Social Security benefits, regardless of probation status.
  • Deliver clear, written feedback during probation using structured evaluations, regular meetings, and standardized checklists to support fair assessments and reduce dispute risk.
  • Follow a formal process for extensions or early completions: Communicate all adjustments in writing, with justifications, to remain compliant and maintain employee trust.
  • Handle termination lawfully during probation by documenting causes, providing written notice per contract, and ensuring no severance pay is due for employment under 120 days.
  • Confirm employment post-probation in writing and update terms or benefits; if not confirmed, provide feedback, complete final pay, and document the decision for legal clarity.

Probation Laws and Compliance in Thailand

Key Laws on Probation Periods

The Labour Protection Act B.E. 2541 (1998) serves as the foundation for employment rights in Thailand, including those of probationary employees. While probation is not specifically defined in this Act, the practice is widely recognized and embedded in employment contracts.

Employers are responsible for several compliance steps during probation:

  • Clearly defining probation terms in written contracts
  • Registering all employees, including probationers, with the Social Security Fund
  • Following wage, leave, and benefits requirements established by law

Contract terms and procedures frequently reference Ministry of Labour guidance. For official updates and statutory guidance, see Ministry of Labour Thailand.

Required Documents and Procedures

A strong compliance framework relies on accurate documentation at every stage. Essential steps include:

  • Drafting written contracts specifying the probation period, assessment criteria, and key terms
  • Notifying employees in writing about probationary status from day one
  • Maintaining evaluation records and formal feedback for each probationer

Clear documentation is the best defence against disputes and regulatory pitfalls. Well-kept records can be pivotal in demonstrating fairness and legality if disputes reach labour authorities.

To stay current and compliant, reference government sources and update employment policies yearly.

Setting Probation Terms and Duration

Probation period in Thailand usually ranges between 30 and 119 days, with 119 days being the maximum to avoid statutory severance obligations.

Employers commonly set probation below 120 days because, by law, staff employed beyond this limit are entitled to severance pay if terminated (Labour Protection Act B.E. 2541).

Key employer practices include:

  • Stating the exact probation period in the employment contract
  • Aligning duration with role complexity or specific sector requirements
  • Ending probation precisely at 119 days to minimize legal risks

Can Probation Be Extended or Shortened?

Employers may extend or shorten probation, but best practice is to do so transparently and fairly, always in writing.

Steps to adjust probation include:

  1. Providing clear, written reasons for the extension or early completion
  2. Formally notifying the employee with documentation
  3. Ensuring all adjustments comply with employment contract terms and Thai labor law

Extending probation without valid justification or due process could expose employers to legal challenges or claims of unfair treatment.

Rights and Duties During Probation

Employee Rights Under Probation

Employees on probation in Thailand receive the same core rights as regular staff.

These rights include:

  • Guaranteed minimum wage by law (per the Labour Protection Act B.E. 2541)
  • Overtime pay for applicable roles and work beyond standard hours
  • Entitlement to sick leave, annual leave, and statutory public holidays
  • Immediate registration with the Social Security Fund for access to health benefits

Foreign nationals receive equivalent foundational protections, but procedures for work permits and social security registration may differ. In regulated sectors like hospitality and healthcare, additional industry-specific rules may also apply.

Employer Responsibilities and Authority

Employers retain the right to:

  • Set clear job criteria, responsibilities, and targets
  • Conduct regular performance assessments and probation evaluations
  • Manage onboarding and training from the beginning

Best practices include:

  • Communicating expectations and feedback in writing to reduce misunderstandings
  • Applying fair criteria and objective assessment standards
  • Preventing discrimination or breaches of contract, as required by Thai labour law

Employers and employees both benefit from maintaining documentation of all evaluations, ensuring legal safeguards are met if disputes arise later.

Evaluating Probation Performance

Fair and Objective Evaluation Practices

To ensure a fair probation period in Thailand, set clear, role-specific evaluation criteria right from the start.

Employers should establish structured processes that include:

  • Defining measurable performance indicators (e.g., sales targets, client onboarding speed, quality benchmarks)
  • Scheduling regular feedback meetings at mid-point and end of probation
  • Keeping written records of all evaluations and communications

Many Thai businesses use a 60- or 90-day check-in followed by a final review to promote transparency. For consistency, document each session with checklists detailing attendance, work quality, punctuality, and adaptability.

Useful Tools and Templates for Assessment

Efficient assessments rely on ready-to-use templates and impartial processes.

Recommended tools include:

  • Standardized scorecards or rating rubrics for each job type
  • Step-by-step evaluation checklists to prevent reviewer bias
  • HR-led training on objective reviews and legal compliance

A strong framework avoids procedural pitfalls and makes each evaluation both fair and actionable. Leveraging standardized tools ensures compliance, protects against disputes and helps integrate new hires into the Thai workforce efficiently.

Termination and Post-Probation Steps

Lawful Termination During Probation

Employers in Thailand can terminate employment during probation, but must follow clear, lawful steps to reduce risk.

Legal requirements include:

  • Just cause for dismissal, documented through performance records or conduct issues.
  • Written termination notice if outlined in the contract, or immediate notice per company policy.
  • No severance pay if employment is terminated before 120 days.
  • Payment in lieu of notice is required if statutory notice applies, especially if exceeding 119 days.

A documented process with clear evaluation records and formal termination letters helps prevent labor disputes or wrongful dismissal claims.

After Probation: Confirmation or Next Steps

If a probationer passes, employers should:

  1. Provide written confirmation of permanent employment status.
  2. Offer updated employment terms, including revised salary or benefits.
  3. Begin a structured onboarding process for long-term integration.

If unsuccessful, best practices include:

  • Providing clear feedback on reasons for non-confirmation.
  • Offering outplacement support or references when possible.
  • Completing legal documentation and settling final pay.

FAQ: Probation Period in Thailand

Is a probation period legally required in Thailand?

A probation period is not required by law in every Thai employment contract, but it remains the standard practice for most private-sector roles.

Should the probation period be written in the employment contract?

Specify the probation duration and terms in the employment contract for clear legal standing and to prevent disputes.

What employee benefits apply during probation in Thailand?

Probationary employees are entitled to sick leave, annual leave, and social security benefits throughout the 30-119 day standard probation duration.

Do employees on probation receive severance pay?

If employment ends within 119 days, severance pay is typically not required. However, a single day over 120 days of employment means statutory severance applies.

Are there special probation rules for foreign employees?

Probation terms can be adjusted for foreign employees to meet work permit compliance, but baseline legal protections apply universally. Always review with legal counsel for non-Thai hires.

Conclusion

Start by reviewing your employment contracts, updating documentation practices and standardizing your probation evaluations today. Set clear assessment criteria, maintain transparent communication and keep thorough records for every decision.

If you want expert support in designing compliant probation policies or require tailored legal advice, contact us. Themis Partner streamlines your HR processes and safeguard your business with practical, compliant solutions.