OSP LEGAL: Law firm you can TRUST
Concerned about Labor Law Risks? Our employer labor lawyers are here to protect your business.
We provide comprehensive employer-side labor law services, including compliance, contracts, dispute resolution, and litigation defense.
Free Consultation. Confidential. No Obligation.
Are you concerned about labor law challenges affecting your business?
Regulatory Risk and Compliance Gaps
- Labor laws are complex and frequently change. Is your organization fully compliant?
- Concerned about litigation risk, especially when disputes arise and could damage your reputation and business?
Employment Contracts and Work Rules
- Are you confident that your current employment contracts and work rules comply with legal standards and do not contain gaps that could cause future issues?
- Do you need to draft or update agreements but feel uncertain about the legal requirements?
HR Processes and Employee Termination
- Are you concerned that errors in disciplinary procedures or terminations may negatively impact your organization?
- Do you need guidance on severance calculations and managing claims in compliance with legal requirements?
Labor Dispute Management
- Negotiations with former employees or their representatives remain unresolved, resulting in ongoing costs without progress.
- Are resources being spent on unresolved issues that fail to deliver positive results?
OSP LEGAL understands your concerns. As your corporate employment lawyer,
we help you manage labor matters, reduce risk, and support your business growth.
OSP LEGAL understands your concerns. As your corporate employment lawyer, we help you manage labor matters, reduce risk, and support your business growth.
Comprehensive Employer-Side Labor Law Services
by OSP LEGAL
Comprehensive
Employer-Side Labor Law Services by OSP LEGAL
Our employment law firm provides comprehensive labor law services for employers, including proactive compliance, contract drafting, litigation defense, and representation before labor inspectors. Our services focus on four core areas:
Our employment law firm provides comprehensive labor law services for employers, including proactive compliance, contract drafting, litigation defense, and representation before labor inspectors. Our services focus on four core areas:
Strategic Consultation
Analyze grounds for termination, assess legal risks, and advise on procedures that comply with the Labor Protection Act for standard termination, restructuring, or position elimination, and disciplinary dismissal.
Documentation Preparation
Prepare termination letters with clear grounds, employment certificates, severance and notice pay calculations, and settlement agreements as required.
Benefits Calculation
Calculate severance based on years of service, unused annual leave, notice-in-lieu pay, and all statutory entitlements. Ensure accuracy in compliance with legal and company requirements.
Unfair Dismissal Defense
Represent employers in Labor Court for unfair dismissal claims by gathering evidence, preparing defense statements, and managing proceedings to protect the employer’s interests. Our team handles every stage of the case.
Contract and Agreement Enforcement
Take legal action when employees or former employees breach employment contracts, such as abandoning duties without cause, disclosing trade secrets, or violating enforceable non-compete clauses. As your trade secret protection and non-compete agreement lawyers, we pursue damages, injunctive relief, and enforcement of non-compete agreements.
Defense Against Employer Breach Claims
Represent employers facing breach of contract claims, including allegations of unfair changes to position, duties, or employment conditions.
Contract Drafting and Review
Draft and review employment contracts, non-compete agreements, and non-disclosure agreements (NDAs) to ensure clarity, enforceability, and compliance with Thai law. Our employment contract lawyers ensure your agreements remain effective when needed.
สร้างความมั่นใจในการปฏิบัติตามกฎหมาย ด้านสวัสดิการและสวัสดิภาพแรงงานอย่างครบถ้วน และ จัดการข้อเรียกร้องหรือข้อพิพาทที่เกี่ยวข้องได้อย่างมีประสิทธิภาพ
Compliance Consulting
We advise on Labor Protection Act requirements, including working hours, overtime, rest periods, public holidays, annual leave, wages, workplace safety, and other statutory benefits. Our labor law compliance team ensures your organization remains up to date with all regulations.
Work Rules Drafting and Review
We draft or review company work rules to ensure they address welfare, safety, and compliance requirements, and communicate these clearly to employees. Proper work rules help protect your organization from disputes.
Dispute and Claims Management
ปกป้องสิทธิ์และโต้แย้งคำสั่งของพนักงานตรวจแรงงาน ที่นายจ้างเห็นว่าไม่ถูกต้อง ไม่เป็นธรรม หรือคลาดเคลื่อนไปจากข้อเท็จจริง/ข้อกฎหมาย
เพื่อให้เกิดความเป็นธรรมแก่องค์กร
Order and Legal Analysis
Thoroughly review labor inspector orders, compare findings with your organization’s facts and applicable labor laws, and identify potential grounds for appeal.
Filing Appeals and Lawsuits
Prepare appeals and supporting evidence, and file with the Labor Welfare Committee or initiate Labor Court proceedings within statutory deadlines to seek revocation of the order. Our appeal team ensures timely action.
Representation in Labor Court
Serve as counsel in Labor Court, presenting evidence and legal arguments to challenge the inspector’s order and protect the employer’s interests. Employer defense in labor court is a core strength of our team.
Why Select OSP LEGAL as
Your Corporate Employment Lawyer
By choosing OSP LEGAL as your employer labor lawyer, you gain high-quality, employer-focused legal services throughout every phase of your case.
Highly Experienced Legal Team
Extensive experience advising and representing organizations in proactive compliance and litigation, helping prevent issues from escalating and safeguarding employer interests.
Employer-Side Labor Law Specialist
Our team specializes in labor law for employers. We understand the unique challenges businesses face with employment regulations and have the expertise to resolve complex corporate labor matters effectively.
Over 1,000 Cases Handled
We have successfully handled over 1,000 cases, demonstrating our ability to manage even the most complex employer-side labor disputes and instilling confidence in our clients.
Outstanding Client Reviews
We consistently receive high ratings from business clients who appreciate our responsive communication, thorough preparation, and results-driven legal counsel.
Clear & Efficient Process
We explain every step, fee, and timeline up front. All information is kept confidential, with no hidden costs or surprises.
Domestic & International Expertise
Whether your labor law issue involves local regulations, multinational operations, foreign employees, or international work arrangements, our team manages it with confidence.
Comprehensive End-to-End Services
Our employment law firm handles all aspects, including employee termination legal advice, contract drafting, compliance audits, HR system reviews, and court representation, so you can focus on your business.
Protecting Your Rights
We are committed to protecting employer rights and delivering fair, legally compliant outcomes in every case.
Approachable, Friendly Counsel
We simplify labor law for business owners and HR teams. Our team is available to answer your questions and provide clear, practical guidance.
How OSP LEGAL Delivers Corporate Labor Law Services for Your Organization
*Note: Each case is unique. Steps and timelines may vary depending on individual circumstances.
1
Understand Your Organization and Legal Issues
We listen to your concerns, review contracts, work rules, and relevant documents, and identify all legal issues and risks. This process gives you a clear understanding of your position.
2
Plan and Propose a Prevention or Resolution Strategy
We analyze risks, develop a tailored legal strategy, and draft preventive measures or corrective actions. This may include HR policies, document preparation, and court strategy as needed.
3
Execute the Plan and Provide Ongoing Support
Our team implements the agreed strategy, whether through negotiation, compliance measures, or litigation, and provides ongoing advisory support to protect your organization.
Frequently Asked Questions:
Corporate Labor Law for Employers
When Can an Employer Terminate an Employee Without Severance Pay?
The Labor Protection Act (Section 119) provides several exemptions, such as dishonesty in duties, intentional criminal offenses against the employer, deliberately causing damage, serious violation of work rules (with prior written warning, except in cases of extreme severity), absence for three consecutive working days without reasonable cause, or imprisonment under a final court judgment. Clear and sufficient evidence is required to prove these grounds. Termination without severance is sensitive and high-risk. Consult an employer labor lawyer before proceeding.
Is a Written Warning Always Required Before Termination?
Not always. For non-serious offenses, the employer must first issue a written warning. If the employee repeats the same offense within one year, this may justify termination. For serious offenses under the law, such as serious dishonesty in duties, the employer may terminate immediately without a warning letter. Carefully assess the severity of the offense before taking action.
Are Company Work Rules Required? What Must They Cover?
If your business has 10 or more employees, the law requires written work rules covering at least eight prescribed topics. These include working days, rest periods, holidays, overtime rules, wages, discipline and penalties, grievance procedures, and termination or severance. Work rules must be communicated to employees and a copy filed with the relevant government authority.
What Should an Organization Do When Sued in Labor Court?
Upon receiving a court summons and complaint, consult a corporate employment lawyer immediately to assess the claims, gather relevant facts and evidence, and prepare a statement of defense within the required 15-day deadline from receipt. Taking prompt and appropriate action from the beginning is essential.
What Are the Benefits of Labor Dispute Mediation in Court?
The primary benefits are faster resolution and lower costs compared to full litigation. Mediation enables both employer and employee to reach a mutually acceptable settlement, often with greater flexibility than a court judgment, and can help reduce emotional conflict. Labor Courts usually offer mediation before trial, so it is an option worth considering.
How Are Legal Fees Structured for Corporate Labor Law Services?
Fee structures vary based on the nature and complexity of the work. Options include hourly consultation fees, monthly retainers for ongoing advice, fixed fees for document drafting, such as contracts or work rules, and litigation fees for court proceedings. OSP LEGAL provides a clear fee structure before you commit. Schedule a free initial consultation to discuss your needs and anticipated costs.
Case Studies & Testimonials
Case Study: Former Employees Joined a Competitor
— OSP LEGAL Successfully Sued for Damages on Behalf of the Employer
Case Study: Former Employees Joined a Competitor — OSP LEGAL Successfully Sued for Damages on Behalf of the Employer
The Situation: OSP LEGAL’s client (the plaintiff) operates a specialized service business at an airport and had invested heavily in training employees with industry-specific expertise. The company required employees to sign Non-Compete and Non-Disclosure Agreements (NCA/NDA), prohibiting them from working with competitors for four years after leaving. When a new competitor won a major contract previously held by the client, 36 employees resigned simultaneously and immediately joined that competitor — potentially breaching their agreements and causing significant harm to the client’s business.
OSP LEGAL’s Action: Acting as counsel for the employer, OSP LEGAL filed a lawsuit against all 36 former employees at the Regional Labor Court (Region 1) for breach of the non-compete and non-disclosure agreements. We presented evidence establishing the following key points:
- The NCA/NDA was valid and enforceable.
- The company the employees joined was a direct competitor.
- The employees had acquired specialized knowledge and expertise during their employment that could benefit the competitor.
- The employees joined the competitor within the contractually restricted period.
- Damages were incurred (though the court's assessment differed in part). We also successfully rebutted the employees' defenses, including claims that the agreement was unfair and that the employer had waived its contractual rights.
The Outcome: The Regional Labor Court (Region 1) ruled as follows:
- The non-compete and non-disclosure agreement was valid and enforceable — not void.
- However, the four-year restriction period was excessive and unfair. The court exercised its discretion to reduce it to one year and six months.
- The former employees who joined the competitor within those years were found to be in breach of contract.
- The former employees were ordered to pay damages to our client as stipulated in the agreement (like a penalty clause), though the court reduced the penalty amount as appropriate for each individual (per the schedule appended to the judgment).
- The client's remaining claims — such as an injunction and lost-profit damages — were dismissed, as the restricted period had already expired and the lost profits could not be proven as a direct result of the breach.
Key Takeaway: This case demonstrates that non-compete agreements are enforceable under Thai law when supported by legitimate business reasons — but the scope and duration must be reasonable and fair. Courts have the authority to reduce excessive restriction periods and penalty amounts. Well-drafted yet reasonable contractual terms, combined with prompt legal action when a breach occurs, are essential to protecting an organization’s interests.
(Note: This case is considered a successful outcome for the employer — the court upheld the contractual rights and awarded damages, even though the amounts and restricted period were adjusted.)
Case Study: Post-Termination Settlement Agreement Upheld — OSP LEGAL Helped an Employer Win a 5-Million-Baht Lawsuit
The Situation: OSP LEGAL’s client (the employer) was sued by a former sales employee at the Central Labor Court, claiming over 5.7 million baht in damages for unfair dismissal plus unpaid commissions. The employee alleged the termination was unjust and claimed to have been coerced into signing a post-termination “Compromise and Settlement Agreement” — which stated that the employee had received full compensation and all benefits, and waived any further claims. A loss would have meant not only significant financial liability but also reputational damage and implications for the company’s HR practices.
OSP LEGAL’s Action: Representing the employer and its directors, OSP LEGAL’s core strategy was to prove the validity and enforceability of the signed settlement agreement. We:
- Gathered comprehensive evidence: Both documentary (the settlement agreement, payment records, explanatory documents) and witness testimony from individuals present on the day of signing — demonstrating that the employee acted freely, read and understood the agreement, had a family member (brother) present, and consulted an outside party by phone before signing.
- Rebutted the coercion claim: We showed that the employer's statement — "payment will not be released until the agreement is signed" — was simply presenting a choice, not a threat. We further demonstrated that the employee had previously refused to sign other documents, proving she was not in a position of duress.
- Clarified the payment discrepancy: The cash received on the day was less than the agreement amount because a portion was offset against an outstanding loan the employee had with an affiliated company — fully supported by documentation.
- Affirmed the legal effect: We cited the Civil and Commercial Code provisions on compromise agreements (Sections 850 and 852), establishing that a validly executed settlement extinguishes all prior claims and is binding on both parties.
The Outcome: The Central Labor Court accepted OSP LEGAL’s evidence and arguments, ruling that the settlement agreement was valid, legally enforceable, and showed no evidence of coercion. Having voluntarily waived all further claims, the employee had no standing to pursue damages for unfair dismissal or unpaid commissions. The court dismissed the case in its entirety — our client owed nothing.
Key Takeaway: This case highlights the critical importance of a properly executed post-termination settlement agreement as a powerful tool for resolving labor disputes and protecting employers from future litigation. The key is ensuring the process is transparent and the employee’s consent is genuinely voluntary.
Reduce Labor Dispute Risk for Your Organization
Reduce Labor Dispute Risk for Your Organization
Your initial consultation is free, confidential, and without obligation. There are no hidden fees, only clear legal guidance.