THAILAND Law and Practice Contributed by: Nam-Ake Lekfuangfu, Theeranit Pongpanarat, Praween Chantanakomes and Panitan Pruksakasemsuk, Baker McKenzie
4.3 Measures Against the Respondent Disciplinary measures should be taken only when the investigation concludes that there has been a wrong - doing by the employee. However, an employee may be suspended to ensure that an investigation will pro - ceed without any disruptions, or that all relevant par - ties are protected from intimidation or fears of retali - ation, subject to suspension under Thai labour laws and the internal policy (if any). 4.4 Protection of Other Employees There are no specific rules governing the protection of other employees as part of an HR internal investiga - tion. Any such protections (including the suspension of certain individuals during the investigation) may be provided under the individual company’s relevant poli - cies or procedures. 5. Procedural Requirements and Proof 5.1 Requirements There are no rules governing the procedural guaran - tees that must be put in place or the steps which must be followed as part of an HR internal investigation. 5.2 Internal Regulations Please see 5.1 Requirements . 5.3 Burden and Degree of Proof There are no rules governing the burden of proof as part of an HR internal investigation. However, the employer may need to find substantiat - ing evidence to prove the employee’s alleged mis - conduct in order to determine whether or not to take further action against the employee, including disci - plinary action. There are no rules governing the degree of proof that may be required to substantiate an allegation as part of an HR internal investigation. However, the employer should still identify sufficient evidence and witnesses to present to the court to prove the case against the subject employee, in case of any legal actions tak - en by the relevant persons as a consequence of the investigation.
to stop the interview. This may need to be reviewed on a case-by-case basis (eg, based on whether there is a legitimate need to stop or whether stopping the interview may compromise the investigation process). 3.9 Minutes There is no specific requirement for minutes to be tak - en of interviews conducted as part of an HR internal investigation; this is subject to the requirements of the company and/or the investigation team. It is recom - mended, however, that detailed minutes are taken and given to the interviewee for signing before or when the meeting is adjourned. 3.10 Recording It may be possible to record interviews as part of an HR internal investigation. Such recording can take any form – eg, an audio or video recording or a transcript. However, the interviewer must comply with the requirements of the Personal Data Protection Act, B.E. 2562 (2019) (PDPA). 3.11 Other Fact-Finding There are no specific rules governing the fact-finding processes that must be used as part of an HR internal investigation. This may depend on the specific inves - tigation. 4. Protection of the Parties During an HR Internal Investigation 4.1 Protection of the Reporter There are no specific rules governing the protection of the reporter as part of an HR internal investigation. Any such protections (and the scope of such protec - tion) may be provided under the individual company’s relevant policies or procedures. 4.2 Protection of the Respondent There are no specific rules governing the protection of the respondent as part of an HR internal investigation. Any such protections (and the scope of such protec - tion) may be provided under the individual company’s relevant policies or procedures.
404 CHAMBERS.COM
Powered by FlippingBook