THAILAND Law and Practice Contributed by: Nam-Ake Lekfuangfu, Theeranit Pongpanarat, Praween Chantanakomes and Panitan Pruksakasemsuk, Baker McKenzie
Baker McKenzie 195 One Bangkok Tower 4 30th-33rd Floors, Wireless Road Lumphini Pathum Wan Bangkok 10330 Thailand
Tel: +66 (0) 2636 2000 Fax: +66 (0) 2636 2111 Email: Bangkok.Info@bakermckenzie.com Web: www.bakermckenzie.com
1. Opening an HR Internal Investigation 1.1 Circumstances HR internal investigations may typically be opened where employee misconduct occurs, including where the employee acts in breach of their employment agreement or the company’s work rules or other poli - cies and procedures. However, there is no specific Thai law governing HR internal investigations, and whether an investigation is opened and undertaken may depend on the policy of each company (which may include requiring an investigation to be under - taken, depending on the seriousness of the relevant misconduct). Notwithstanding the above, if an employer has ten or more employees, the Labour Protection Act, B.E. 2541 (1998) (LPA) requires said employer to prepare work regulations, which must include details on grievances and their scope, including procedures for the submis - sion of grievances, investigations and consideration of grievances, procedures for the settlement of griev - ances and protection mechanisms for the claimants and persons involved. However, it is still up to each employer to prescribe the details for such matters as it deems appropriate. 1.2 Bases Please see 1.1 Circumstances .
1.3 Communication Channels There are no specific requirements for employers to have certain types of channels that employees may use to report concerns (including whether such reports
must be anonymous). 1.4 Responsibility
There are no specific rules governing who must be responsible for carrying out an HR internal investiga - tion. It is possible for external counsel to be brought in to assist with the investigation. 1.5 Obligation to Carry Out an HR Internal Investigation Please see 1.1 Circumstances . 1.6 Prohibition on Carrying Out an HR Internal Investigation Please see 1.1 Circumstances . 1.7 Other Cases In cases where an investigation is neither obliged nor prohibited, an employer’s decision on whether or not to carry out an HR internal investigation may depend on the policy of each individual company.
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