Anuwat Ngamprasertkul, National TViasadmin

MEDIA: how to terminate employment fairly and avoid legal issues

The reasons for terminating employment can vary, from the closure of a business, e.g. when the economy is difficult and operations are unsustainable, to issues related to employees themselves.

Termination should ideally include a notice period, allowing both parties time to prepare. In some cases, it is necessary for the termination to be effective immediately. Employers must know the proper protocols, while employees should keep informed to protect their rights and ensure fair treatment.

So, how do you enable a smooth and fair termination process? For employers, what costs need to be covered? Is severance pay mandatory in all cases? How do you manage the risks of legal disputes? For employees, was the termination fair? What if there’s no employment contract? Is immediate termination without notice legal? How do you claim severance pay from your employer? What about government compensation?

Join the discussion with IAS Advisory co-founder Mr Anuwat Ngamprasertkul in an episode of the popular evening TV programme Home Economy, hosted by veteran news anchor, reporter and journalist Dr Wit Sittivaekin.

This episode premiered on Wednesday 4th December 2024 on Thai PBS, Thailand’s public broadcasting service. Disclaimer: all content is owned by Thai PBS. Visit the Thai PBS website HERE.

Anuwat Ngamprasertkul, National TViasadmin

MEDIA: key takeaways about “quiet firing” and employee rights

“Quiet firing” is a subtle, often silent, form of constructive discharge/dismissal, which is when an employee is compelled to leave their job because of a hostile work environment or because of intolerable work conditions created by their employer.

The practice involves demoralising employees enough so they decide to quit voluntarily. The work environment is made so challenging or unfulfilling that the employee begins to question their own worth and feels they don’t have a future with the company.

Quiet firing can be difficult to identify and prove, but signs to look out for include: being intentionally isolated or frozen out; being excluded from activities, such as meetings you once attended; being marginalised or quietly sidelined; unexpectedly having your duties or responsibilities changed, or hours reduced; being assigned less challenging tasks, or very demanding tasks and being set up to fail; having achievements overlooked; being passed over for opportunities, or demoted without justification; and having support gradually withdrawn and getting minimal or no feedback.

Some companies seek to avoid the negative consequences associated with formal termination and utilise quiet firing as a matter of routine. Often the reason is to avoid paying severance, but it may also be to escape other legal liabilities, to maintain a good business reputation (superficially, at least), or even just to create space for new hires or clear those deemed “not the right fit.”

So, what action can employees take when faced with this situation? How do you counter the threat of quiet firing? How do you prove constructive dismissal? If you’re worried about being laid off without compensation, what should you do?

Join the discussion with IAS Advisory co-founder Mr Anuwat Ngamprasertkul in an episode of the popular evening TV programme Home Economy, hosted by veteran news anchor, reporter and journalist Dr Wit Sittivaekin.

This episode premiered on Tuesday 26th November 2024 on Thai PBS, Thailand’s public broadcasting service. Disclaimer: all content is owned by Thai PBS. Visit the Thai PBS website HERE.