Employment

Featured Publication: How to Hire and Fire in Vietnam
Contacts
T: +84 24 3772 5567
T: +855 23 964 210

T: +66 2056 5995
T: +66 2056 5995
T: +95 1 255 208

Business conditions, labor sentiment, and new opportunities evolve swiftly in the growing economies of Southeast Asia. Tilleke & Gibbins helps employers navigate these shifting legal landscapes by providing advice on labor law and employment matters that is timely and time-tested, innovative and practical.

Our first goal is to help employers formulate long-term, yet flexible, strategies on conditions of employment, staff restructuring, labor-management relations, and other critical employment issues. By helping employers create a positive work environment, we help companies save recruitment and litigation costs, react to changing labor conditions, and attract and keep talented employees.

When conflict cannot be avoided, Tilleke & Gibbins brings or defends our clients’ employment claims in court. We combine the strength of our dispute resolution and litigation team with the expertise of our employment attorneys.
     
We offer the following services: 

  • Strategic Employment Advice: Conditions of employment, work rules and regulations, employment agreements, benefit plans, executive compensation, labor protection, workers’ compensation, social security, provident funds, and safety issues (contact: Pimvimol (June) Vipamaneerut)
  • Commercial Transactions: Issues related to labor expansion, contraction, and integration due to mergers, acquisitions, and restructuring (contact: Chinachart Vatanasuchart)
  • Labor-Management Relations: Conflicts in the workplace, strike management and control, lockouts, and labor demands (contact: Chusert Supasitthumrong)
  • Immigration: Work permits, visas, and permanent residence permits (contact: Piyanuj (Lui) Ratprasatporn)
  • Employment and Labor Litigation: Enforcement of restrictive covenants related to competition and trade secrets, termination of employment claims, and sexual harassment claims (contact: Sasirusm B. Chunhakasikarn)

Read about some of our recent victories below. We have:

  • Assisted a client in its global restructuring, which required a reduction in the headcount of its Thai operations. The client sought our expertise in reducing the number of employees, while avoiding the potential for litigation relating to unfair termination. We crafted a multi-tiered solution involving voluntary resignation packages that employees would happily accept. As part of this solution, we advised the client on strategies for communicating with its employees regarding the restructuring. Ultimately, the client met its goal in headcount reduction and continues to operate in Thailand.

  • Developed a restructuring strategy to effect proportionate employee terminations at the intermediate management level for a  multinational financial services company. The restructuring would also give greater responsibility to senior managers. This created the dual objectives of (1) negotiating fair severance packages for intermediate-level management personnel in the face of strict labor laws and (2) imposing greater work requirements on senior-level managers without incurring claims of effective termination. We were successful in implementing the changes without any employee objection, and today our client’s employee culture is much improved.

  • Negotiated a favorable settlement of a highly contested termination of a company director involving our client, the director, and the company of the spouse of the director. The dispute included two criminal cases and two civil cases (one of which involved a claim of THB 20,000,000). We successfully gathered evidence of the director’s misconduct and leveraged that evidence to secure a favorable settlement for our client.

  • Prevailed in a highly publicized termination case wherein the client sought court permission to terminate the president of a labor union based on her television appearance while wearing a controversial T-shirt. The president maintained that she had given such interview on her own time and that her actions were protected by the Constitution. Although she was supported by many NGOs, the court ruled in favor of our client.

  • Defended a leading apparel company in a THB 50,000,000 labor claim and in a criminal case brought against the client’s director. We prevailed in both claims brought by the client’s former HR manager.

  • Advised a global telecommunications company on various labor and employment matters. Among them, we helped this client to rationalize a broad range of global employment policies. In addition, we consulted on the many issues inherent to multi-jurisdictional expatriate employment matters.

  • Concluded a case involving an employee safety allegation by a governmental authority against a multinational corporation.

  • Planned the layoff of approximately 1,000 persons and created a multifaceted strategy to manage the response of the employees and the labor union. The labor union mounted a strong challenge to our client’s activities. Nonetheless, we successfully responded to the opposition and completed the downsizing of the company without any employee claim.

  • Represented a manufacturer in negotiations with a labor union on strike. We successfully negotiated the terms of a collective bargaining agreement (CBA) and, thus, expedited the conclusion of the strike. In the CBA, we secured favorable terms for our client and the return of certain management rights.

  • Advised a leading high-tech company on HR matters, including drafting labor contracts, registering new staff members, preparing documents for employment termination, and registering staff resignations.

  • Prevailed in a labor dispute wherein a managerial-level employee claimed that he had been wrongfully terminated and sought severance and other monetary entitlements. Representing the employer, we proved that the employee had in fact resigned from the company.

  • Planned and executed the layoff of 1,900 employees. Thereafter, 279 of the affected employees submitted claims against the client in the total amount of THB 300,000,000. We successfully proved that our client had cause to terminate its employees and that such was done fully within applicable Thai law, resulting in judgment in our client’s favor. This was a high-stakes matter because, if we had lost the labor cases, the approximately 1,600 additional employees would have filed claims totaling approximately THB 2,000,000,000. We also act as ongoing labor compliance counsel.

  • Obtained a favorable judgment for the Thai affiliate of a leading animal health company in a case filed against a group of former executives who left to work for our client’s chief competitor. We secured this successful result even though there is still debate among Thai legal scholars as to whether noncompetition clauses are fair to employees.

  • Advised a multinational computer components manufacturer in Vietnam on the labor and workforce implications of its acquisition of a key supplier’s manufacturing facilities.

  • Consulted an international logistics services company in Vietnam on employee transfer and retention issues arising from the acquisition of its logistics services subsidiary.

  • Advised, negotiated, and successfully concluded several executive separations for numerous top-tier companies in Vietnam. 

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Name Position Office

Ittirote Klinboon

T:+66 2056 5798

E-mail

Associate
Bangkok

Kasma Visitkitjakarn

T:+66 2056 5542

E-mail

Associate
Bangkok

Kien Trung Trinh

T:+84 24 3772 5567

E-mail

Associate
Hanoi

Kitti Thaisomboon

T:+66 2056 5539

E-mail

Associate
Bangkok

Noppadon Treepetchara

T:+66 2056 5791

E-mail

Associate
Bangkok

Nuanchun Somboonvinij

T:+66 2056 5800

E-mail

Associate
Bangkok

Nutavit Sirikan

T:+66 2056 5560

E-mail

Associate
Bangkok

Pawilai Ploythammachat

T:+66 2056 5801

E-mail

Associate
Bangkok

Penrurk Phetmani

T:+66 2056 5509

E-mail

Associate
Bangkok

Phu Thanh Nguyen

T:+84 28 3936 2052

E-mail

Associate
Ho Chi Minh City
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Datesort icon Title
November 15, 2017

Tilleke & Gibbins Vietnam has Strong Showing in Asialaw Profiles 2018

In the 2018 edition of Asialaw Profiles, Tilleke & Gibbins was recognized as a leading law firm in Vietnam in seven practice areas, as follows:

November 15, 2017

Asialaw Profiles 2018: Tilleke & Gibbins Leads Rankings in Thailand

Regional law firm Tilleke & Gibbins has again distinguished itself as the dominant domestic law firm in Thailand in Asialaw Profiles 2018, a guide to the top domestic and regional...

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November 10, 2017

Asia Women in Business Law Awards 2017: Tilleke & Gibbins Wins Two Awards

Tilleke & Gibbins took home two trophies at the seventh annual Asia Women in Business Law Awards, being recognized as Firm of the Year for Vietnam as well as Best National Firm for Talent...

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October 31, 2017

Tilleke & Gibbins to Host Annual Employment Law Forum on November 28, 2017

Chusert Supasitthumrong, Chaiwat Keratisuthisathorn, Kitti Thaisomboon, Nutavit Sirikan

From the amendment of the Labor Protection Act (LPA) to the announcement of several significant Supreme Court decisions, there have been a number of important developments in Thai labor and...

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October 10, 2017

Euromoney Asia Women in Business Law Awards 2017: Tilleke & Gibbins Nominated in Five Categories

Linh Thi Mai Nguyen

Tilleke & Gibbins has been nominated for awards in five categories in Euromoney Legal Media Group’s Asia Women in Business Law Awards 2017. The awards celebrate the advancement of women in the...

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Datesort icon Title
July 5, 2017

Thailand: Amendments to the Labor Protection Act

Chusert Supasitthumrong

The Thai government has focused on updating the Labor Protection Act (LPA) this year. The LPA was first amended on January 24, 2017. More recently, on June 29, the National Legislative Assembly (...

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May 26, 2017

Vietnam’s Labor Code to See Significant Changes

Kien Trung Trinh

Vietnam’s 2012 Labor Code, in effect since May 1, 2013, is being reviewed and revised by the Ministry of Labor, Invalids and Social Affairs (MOLISA), the body in charge of labor issues in Vietnam...

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May 12, 2017

Disciplinary Actions in Thailand: What Employers Need to Know

Chusert Supasitthumrong

When an employee commits an offense against an employer or violates company work rules, the HR department usually plays a central role in advising management on how to proceed or take disciplinary...

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May 5, 2017

Lex Mundi Guide to Doing Business in Thailand 2017

As part of its membership in Lex Mundi, Tilleke & Gibbins has published an updated edition of its Guide to Doing Business in Thailand for 2017.This guide offers...

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February 27, 2017

PLC Agricultural Law Global Guide 2017 – Thailand Chapter

Salil Siriwat, Siradapat Ratanakorn, Chaiwat Keratisuthisathorn, Michael Ramirez

The Thailand chapter of Practical Law Company’s recently published Agricultural Law Global Guide  was written by lawyers from Tilleke & Gibbins. The guide provides a comparative...

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