What Is Probation? Rights of Probationary Employees in Thailand

Basic rights of probationary employees under Thai labour law: termination notice, severance after 120 days, what companies assess, and how to pass probation.

Two months into a new job, your manager has not said a word about your performance, and then someone tells you that during probation the company can let you go at any time without paying anything. You hear this a lot, but it is not entirely true. Probationary staff are employees and are protected by labour law too. This article sums up your basic rights, what companies assess and how to get through this period with confidence.

What probation is

Probation is the period when the company and the employee see whether they are a good fit. A Bangkok Post article explaining Thai labour law notes that the Labour Protection Act does not directly regulate probation. Whether there is a probation period, and how long it lasts, is set by the company in the employment contract. Many companies therefore set it at no more than 119 days, for a severance-related reason explained below.

Basic rights of probationary employees

Advance notice of termination

The same article explains that Section 17 of the Labour Protection Act also applies during probation. To terminate, the company must give at least one pay period's notice, delivered on or before a payday to take effect on the next payday, or pay wages in lieu of notice.

Severance after 120 days of work

A summary of Thai labour law published by the BOI states that an employee who has worked 120 days or more but less than 1 year and is dismissed is entitled to severance of 30 days' wages (with legal exceptions, such as serious misconduct). This right is tied to length of service, not to whether you are on probation.

Other rights you share with other employees

• Pay must not be below the minimum wage. See minimum wage 2026.
• Statutory leave such as sick leave. Read more in employee leave rights in Thailand.
• Registration with Social Security as an employee, although some benefits require a minimum number of contribution months first.

This is general information. If you have a specific case, consult the Department of Labour Protection and Welfare or a labour law professional.

What companies assess during probation

1. Performance: do you deliver what is expected, and how fast do you learn?
2. Attitude: can you take feedback, and do you act on your own or wait for instructions?
3. Teamwork: do you communicate clearly and work smoothly with others?
4. Culture fit: does your way of working match the team's?

7 ways to pass probation with confidence

1. Clarify goals in the first week

Ask your manager directly: For me to pass probation, what results would you like to see from me? Write them down as your criteria.

2. Ask a lot, but take notes every time

Asking beats getting it wrong, but do not ask the same thing twice.

3. Find a quick win

Look for something small that helps the team fast, such as organising files nobody can find or making a checklist for a task that often goes wrong.

4. Ask for feedback every two weeks

Do not wait for the review. Ask: Is there anything I should adjust?

5. Keep a record of your work

Note what you did, what you achieved and what you learned, to use in your review.

6. Be on time and keep your word

Early on, credibility is built from small things.

7. Notice the unwritten rules

See which channels the team uses and how meetings run, then adapt.

Common mistakes

• Not reading the contract to see how long probation lasts and how you will be assessed.
• Staying silent until the review, then discovering your manager expected something different.
• Signing a resignation letter yourself when it was the company that asked you to leave, which may affect some rights.

Probation is not a period without rights. It is a period when you need to know your rights and prove yourself at the same time.

If you do not pass probation

1. Ask for clear reasons so you can improve in your next job.
2. Check your start date against the termination date: did the company give notice by pay period or pay in lieu, and have you reached 120 days of service?
3. Ask for an employment certificate and termination documents and keep them.
4. Start your next job search and explain what happened honestly.

To plan your next step, talk to the AI Career Assistant or find a real mentor on Plants.work who has been through this, and read more in managing your probation period.