Guidelines for Consideration of Unfair Dismissal in Accordance with Supreme Court Judgment No. 3119-3135/2024 In the Case of Organizational Restructuring by Laying Off Some Employees

Abstract

The consideration of unfair dismissal in Thailand in the case of organizational restructuring by partially terminating employees has previously considered only (1) the employer's losses and (2) a fair employee selection process. This is a consideration in accordance with the Supreme Court's decision No. 3119-3135/2024, which laid down the principle that in the case of an employer terminating some employees because of organizational adjustments, the following reasons must be considered: (1) The employer loses the whole business or only some sectors. (2) The process of improving the employer's business, such as reducing contract employees, reducing overtime work, not hiring new employees. (3) The process of selecting employees fairly, which will affect the termination methods of private sector employers and state enterprises nationwide, which must comply with the court's judgment.