Writing an Employee Warning Letter in Thailand That Holds Up

What a warning letter is for

Where an employee breaks a work rule, regulation or order of the employer that is lawful and fair, the employer can dismiss without severance pay only if it has first warned the employee in writing and the employee commits the same kind of breach again within one year of the date of the first breach.

A spoken warning does not count, even if people witnessed it.

Dismissal in this case carries no severance pay, but notice or wages in place of notice may still be owed, unless the conduct falls within the grounds on which the law allows immediate dismissal.

When dismissing, state the ground in the dismissal letter or when you dismiss, otherwise you cannot rely on that ground later.

Serious misconduct is a separate group of grounds for dismissal without severance, apart from the warning rule. Examples are dishonesty in the course of duty or a deliberate crime against the employer, deliberately causing the employer damage, negligence that causes the employer serious damage, abandoning duty for three working days in a row, whether or not a day off falls between them, without good reason, and a final prison sentence. An offence of negligence or a petty offence counts only if it caused the employer damage.

What the letter must contain

A warning letter does not need to be long, but it should include everything below so that a reader knows exactly what the warning is about.

1. The employee's name and position.
2. The date of the letter.
3. What happened, with the date, time and place.
4. Which rule or order was broken, named specifically.
5. A clear instruction not to do it again.
6. What will happen if it is repeated, for example that the employee may be dismissed.
7. The signature of the employer or an authorised person.

Write the facts as they happened. Leave out opinions about the employee's character.

Handing it over and keeping proof of receipt

Ask the employee to sign for it. The signature acknowledges receipt and does not admit guilt. Say so plainly, so the employee can sign without feeling it is a confession.

If the employee refuses to take it or to sign, record the refusal with a witness signing the note, and note that the letter was read to the employee, because the employer must be able to show the employee knew the content, or send the letter by registered mail with a return receipt. A refusal does not cancel the warning.

How long a warning lasts

A warning is effective for one year counted from the date of the first breach, not from the date of the letter. So issue the letter soon after the event. The longer you wait, the less of the year remains.

The repeat must be the same kind of breach. If the first warning was for lateness and the employee is late again, it counts. A different kind of breach needs a fresh warning.

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Frequently asked questions