Probation Period in Thailand

Probation Period: Applicable for Non Fixed-Term Contracts

1. There is no mandatory minimum probation period in Thailand.  Market practice is generally at 90 days – 119 days.
2. It is considered as a non-fixed term employment agreement.
3. If more than 119 days & Fails:
   • One month’s prior written notice must be given.
   • Severance based on the service year.

Legal Framework

Thai labour law does not explicitly define or require a probation period. However, several legal provisions impact how probation is implemented:

• Labour Protection Act B.E. 2541 (1998):
  • Section 118: Employees terminated after 120 days of continuous service are entitled to severance pay, regardless of probation status.
  • Section 5: Defines “employee” to include probationary workers, granting them the same rights as permanent staff.
• Civil and Commercial Code, Section 575: Mandates that employers act in good faith, including during probationary evaluations and terminations.
• Labour Court Establishment and Procedure Act B.E. 2522 (1979), Section 19: Allows employees to challenge unfair dismissals, including those during probation.

Standard and Maximum Probation Period

• Typical Duration: Most employers set probation periods between 90 to 119 days, with 119 days being the maximum to avoid severance obligations.
• No Minimum Requirement: There is no legally mandated minimum duration for probation.
• Extension Limitations: Extending probation beyond 119 days is not advisable, as it may lead to legal liabilities, including mandatory severance pay.

Employee Rights During Probation

• Equal Rights: Probationary employees are entitled to the same rights as permanent employees, including:
  • Minimum wage
  • Social security contributions
  • Paid sick leave
  • Annual leave (pro-rated) and
  • Others statutory leave such as Maternity leave, Personal Business Leave, Military Leave, Sterilization Leave.

• Termination:
  • Employees can be terminated during probation without severance pay if dismissed within 119 days.
  • Terminations must be conducted in good faith and not be arbitrary or discriminatory.
• Notice Requirements:
  • While not explicitly required, it is standard practice to provide notice equivalent to one pay period but not more than 3 months before cycle payment.

Best Practices for Employers

• Clearly Define Probation Terms: Specify the duration, evaluation criteria, and potential outcomes in the employment contract.
• Conduct Regular Evaluations: Provide feedback and document performance assessments throughout the probation period.
• Adhere to Legal Obligations: Ensure compliance with labor laws, including timely registration with the Social Security Office and adherence to notice and severance requirements.
• Avoid Unlawful Extensions: Do not extend probation beyond 119 days to prevent triggering severance pay obligations.

Please note that all the information listed below are to be used as a general guideline. For more detailed accounts of Thailand employment laws and regulations, please visit the official governmental websites.

Updated on: August 2025