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Educational Information Only
The content on this page is for general educational purposes and does not constitute legal advice. Every legal situation is unique. For matters involving investigation, arrest, litigation, or formal proceedings, consult a qualified legal professional.
Employment Mutual Termination Agreement
Agreement for ending employment by mutual consent — avoiding wrongful termination claims while protecting both employer and employee.
When to Use
When employer and employee agree to end the employment relationship. Avoids the need for formal termination procedures and potential Labour Court disputes.
Key Clauses
Mutual Agreement to Terminate
Both parties freely agree to end employment. No coercion or pressure.
Last Working Day
Specific date. May include garden leave provisions.
Severance Payment
Amount agreed (may exceed statutory minimum). Payment date and method.
Outstanding Entitlements
Unused annual leave payment, prorated bonus, commission. Specify calculations.
Non-Disparagement
Both parties agree not to make negative public statements about each other.
Release of Claims
Employee releases all claims against employer (and vice versa) upon full payment.
Reference Letter
Employer agrees to provide a neutral or positive reference letter.
Warnings
Employees cannot waive statutory severance rights — but mutual agreements that EXCEED statutory minimum are enforceable.
A 'resignation' signed under duress can be challenged in Labour Court.
Social security and tax implications of the severance package should be addressed.
Professional Legal Assistance
When a matter involves investigation, arrest, detention, litigation, or regulatory action, professional legal representation becomes essential.
Anglo Siam Legal provides experienced legal services across Thailand for both Thai nationals and foreigners.
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