Employee Service Agreement Waiver

While a waiver/dismissal is legally enforceable, unless it is obtained through intimidation, coercion, inducements, or other factors that would make an ordinary contract pernicious, it is important to note that it cannot be used by an employer to avoid liability for paying the worker`s legal and contractual contributions. The court would not hesitate to invalidate such a waiver/dismissal if it is proven that it intended to withdraw its legal contributions from the worker. Enforceable, but staff must be represented by a lawyer to sign a settlement agreement that waives legal rights. Note that it is possible to waive contractual and customary rights without formalities. Enforceable, but staff must have received independent legal assistance before signing a settlement agreement that waives labour rights. As a general rule, workers may not renounce statutory rights or benefits or contracts unless they do so in exchange for a “higher right or advantage” in relation to the same object of the right to which it is waived. The Tribunal stressed that the waiver of a right is not presumed and that this can only be inferred from facts or acts that cannot be interpreted otherwise. That being said, the abandonment of the law must be sufficiently precise and must be formulated explicitly and clearly. Consequently, the waiver clause was annulled by the General Court. As a result, the employer lost its contractual protection against the worker`s rights, which enabled it to assert the above-mentioned arrears with the employer.

To be valid, the waiver must be granted voluntarily and knowingly by the worker. In order to avoid any allegation by a worker that the waiver is not valid because it was made under duress or as a result of an error made by the employer as a result of fraudulent presentation, meetings with the worker should be fairly short and should only be attended by one or two managers. The employee should be given a reasonable period of time to review the document containing the declaration of waiver and should not be informed that he or she will be terminated if he or she does not sign. Applicable if this results in a written agreement. Declarations of waiver may not be interpreted broadly. No precedents, but waivers and declassifications are common, especially in cases of termination by agreement. The Tribunal found that the waiver clause was very vague and open to different interpretations and that there was no clarification as to the rights they wished to waive. In principle, this is only possible after the termination of the employment contract, provided that a settlement agreement has been concluded with his employer. However, workers may, in the event of termination of the employment contract, waive their rights related to the termination of employment in a conciliation agreement. According to the Civil and Commercial Code of Thailand, the waiver of the legal rights of the PLA and LRA is not valid, as these laws are related to public order and morality.

However, it is applicable to waive contractual rights or rights under other laws, including the right to bring a complaint against the employer for unfair dismissal. Waiver agreements are often used, but their third-party effectiveness cannot be guaranteed. As a general rule, however, it is subject to a legal review based on the extent and circumstances in which the waiver was granted. The waiver of a worker`s right to take legal action or the right to dismissal/unfair dismissal is not applicable. Waiver agreements are often used, but there is no clear data to illustrate their positive effect. Allowed. Redundancies are often implemented through mutual agreements. Abandonment of the law is only possible in withdrawal or settlement agreements and only to a certain extent. . . .