Employment

Featured Publication: How to Hire and Fire in Vietnam
Contacts
T: +84 4 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

Yugo Nagata

T:+66 2056 5645

E-mail

Consultant
Bangkok
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Datesort icon Title
February 27, 2017

Waewpen Piemwichai to Speak at Seminar for Thai Investors into Vietnam

Waewpen Piemwichai

On March 16, Waewpen Piemwichai of Tilleke & Gibbins will speak at a seminar at the Shangri-La Hotel in Bangkok with the theme of “Vietnam: Integration – Opportunities – Growth.” The event, co...

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February 1, 2017

Chambers Asia-Pacific Awards 2017: Tilleke & Gibbins Top Contender for Thailand Law Firm of the Year Award

Darani Vachanavuttivong, Tiziana Sucharitkul

Tilleke & Gibbins has been nominated for the Thailand Law Firm of the Year Award 2017 by Chambers Asia-Pacific. The firm has been nominated for the award six times since 2010, and was...

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January 19, 2017

Tilleke & Gibbins Earns Spot in First-Ever “Emerging Markets Experts” List by Asian Legal Business

Tiziana Sucharitkul, Darani Vachanavuttivong

Asian Legal Business (ALB)  has published an “Emerging Markets Experts” list for the first time, with Tilleke & Gibbins among 11 firms across Asia named to the list.

...

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November 16, 2016

Tilleke & Gibbins’ Vietnam Practice Receives Three Tier 1 Rankings in Legal 500 Asia Pacific 2017

Renowned legal publication The Legal 500 Asia Pacific  has awarded “Tier 1” rankings to Tilleke & Gibbins’ Vietnam practice across three categories: Intellectual Property; Labor...

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November 14, 2016

Euromoney Asia Women in Business Law Awards 2016: Tilleke & Gibbins Named Thailand Firm of the Year

Tiziana Sucharitkul, Darani Vachanavuttivong

Tilleke & Gibbins has been named Thailand Firm of the Year at the Euromoney Legal Media Group Asia Women in Business Law Awards 2016. The awards ceremony was held on November 9 at the JW...

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Datesort icon Title
May 11, 2016

A Regional Guide to Background Checks 2016 – Thailand Chapter

David Duncan

A Regional Guide to Background Checks, published by Mayer Brown JSM in collaboration with Tilleke & Gibbins, provides an overview of the legal and practical issues surrounding...

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April 11, 2016

PLC Doing Business In … Multi-Jurisdictional Guide 2016 – Thailand Chapter

Darani Vachanavuttivong, Sriwan Puapondh, Kitti Thaisomboon, Michael Ramirez, David Beckstead, Napat Siri-armart

Doing Business, a Q&A-style guide published by Practical Law Company in association with Lex Mundi, presents an overview of key recent developments affecting doing business in 41...

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April 11, 2016

PLC Doing Business In … Multi-Jurisdictional Guide 2016 – Myanmar Chapter

Michael Ramirez, Nwe Oo

The Myanmar chapter of Doing Business, a guide published by Practical Law Company in association with Lex Mundi, presents a comprehensive Q&A-style overview of doing business in...

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March 30, 2016

Thailand – Employers Are Now Allowed to Submit Work Rules by e-Filing

Luxsiri Supakijjanusorn, Pimvimol (June) Vipamaneerut

In Thailand, employers with ten or more employees must file a copy of their Work Rules (and subsequent revisions) in the Thai language to the Director-General of the Department of Labor Protection...

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March 10, 2016

Termination Traffic Lights 2015

David Duncan

Termination Traffic Lights 2015, published by Mayer Brown in collaboration with Tilleke & Gibbins and other leading law firms, provides an overview of the level of risk and...

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