Telling an Employee the Probation Result in Thailand: Pass or Fail
Published November 4, 2026
Probation is nearly over, and many employers quietly decide the employee has failed, then say on the last day that there is no need to come back. A probationary employee is still an employee with full legal rights. This article explains how and when to give the result so that you do not end up exposed.
A probationary employee is an employee
Probation is not a period without legal protection. A probationary employee has the same rights as everyone else on wages, working hours, leave and social security.
The probation period also counts as length of service, which matters for severance, as explained below.
If probation is failed, how much notice is needed
Ending employment during or at the end of probation needs written notice of at least one pay period. Notice given on or before a payday takes effect on the next payday. The employer can instead pay wages in place of notice. Notice need not exceed three months.
Outstanding wages and other money owed must be paid within 3 days of the day employment ends.
A long probation affects severance
Once an employee has worked 120 days or more, counting the probation, a dismissal without serious misconduct owes severance of at least 30 days' wages for 120 days up to one year. Longer service means more severance.
That is why most employers keep probation under 120 days. Probation can be extended by agreement, but the extra days still count as length of service.
What a result letter contains
If the employee fails and you will end employment, the notice of termination must be given in writing, which also proves when notice was given. A result letter should contain the following.
- The employee's name and position.
- The start date and the end of the probation period.
- The result: passed or not passed.
- A short reason, based on facts that were assessed.
- The date employment ends, and the notice given or the wages paid in place of it.
- The signature of the employer or an authorised person, and a line for the employee to sign as received.
If the employee passes, the existing contract simply continues, but a short letter confirming the result, and any change in pay or benefits, is good practice and gives both sides a record.
Sign up free and create your first contract today
Frequently asked questions
Can probation be extended?
Yes, by agreement with the employee, and it is best done in writing. Keep in mind that the extra days still count as length of service. Once the total reaches 120 days, a dismissal without fault carries severance.
Is severance owed if the employee fails probation?
It depends on length of service. If the employee has worked 120 days, yes, at least 30 days' wages for 120 days up to one year. Below 120 days there is no severance, but notice or wages in place of notice are still owed.
Must the result be given in writing?
If the employee fails and you will end employment, the notice of termination must be in writing. For telling the employee they passed, the law prescribes no form, but a letter is good evidence.
Does passing probation need a new contract?
Not necessarily. The existing contract continues. If pay or position changes, a short letter confirming the change is a good idea.
This page provides general information only and is not legal advice for any specific case. Consult a qualified lawyer about your situation. It reflects the law as of the publication date and may change later.