Is it Wrong for Employees to Resign Without Notice?What Employers and Employees Should Know
The issue of employees resigning without prior notice or “ghosting” their jobs has become a growing concern for many organizations. While an abrupt resignation can disrupt business operations and cause significant inconvenience, many people remain unclear about the legal implications: Is it actually allowed for employees to quit without notice? And what rights does the company have to claim damages, if any?
This article will help clarify the issue from both the perspective of labor law and practical management, providing guidance for both employers and employees on how to handle such situations appropriately.
1.Is it illegal for an employee to resign without prior notice?
The answer is that it violates the terms of employment under the Civil and Commercial Code and may constitute a breach of contract but it is not a criminal offense.
Under Thai law, resignation is considered a form of contract termination, which must comply with the provisions set out in Sections 583 and 587 of the Civil and Commercial Code, as well as the Labour Protection Act.
Key Principle: Advance Notice Requirement
The law stipulates that either party whether the employer or the employee who wishes to terminate an indefinite employment contract must give advance notice to the other party on or before a payday, for the termination to take effect on the next payday.
Example:
If a company pays salaries on the 30th of each month and an employee wants to resign effective at the end of the following month (November 30), they must submit their resignation on or before October 30, which is the previous payday.
In Practice:
Most companies require employees to give at least 30 days’ notice, a condition that is permitted by law if it has been agreed upon in the employment contract.
Therefore:
If an employee resigns immediately without giving proper notice as required by law or by contract, it is considered a breach of the employment agreement.
2.What Can Employers Do When an Employee Resigns Suddenly?
Even though sudden resignation constitutes a breach of contract, pursuing legal action is usually a last resort due to the time and costs involved. Employers should consider both legal and management perspectives:
✅ Legal Perspective: Claiming Damages
Employers have the right to claim damages if an employee breaches the employment contract, but they must prove that the company suffered direct losses from the sudden resignation, such as:
Recruitment and training costs: Expenses for job advertisements, onboarding, and training replacement employees.
Work or project-related losses: Disruptions to ongoing projects or breaches of business agreements with clients.
However: Filing a lawsuit is often complicated and may not be cost-effective, except for critical positions with high impact.
✅ Management Perspective: Prevention and Response
Be flexible and assess impact: If a non-critical employee resigns suddenly, consider accommodating the situation and focus on quickly hiring a replacement.
Revise employment contracts: Clearly define notice periods (e.g., 30 days) and specify penalties for contract breaches, ensuring fairness and practicality.
Exit interviews and feedback: Even after the employee leaves, try to conduct an exit interview to understand the real reasons behind the sudden resignation and improve organizational culture.
Foster a positive culture: Frequent sudden resignations often signal issues in management or organizational culture. Employers should review internal practices to prevent burnout or “quiet quitting,” which often precedes actual resignations.
3.What Should Employees Do When They Want to Resign?
Although sudden resignation may stem from dissatisfaction or personal reasons, following legal requirements and professional etiquette benefits you in the long run:
Follow the rules: Submit your resignation letter according to the required notice period (usually at least 30 days) as specified in your employment contract or by law.
Maintain relationships: Resigning professionally allows you to return to the company in the future or request your former supervisor as a reference for new opportunities.
Handover your work properly: Use the notice period to wrap up tasks, transfer knowledge, and hand over responsibilities to colleagues or your replacement.
In summary: Resigning without prior notice breaches the contract and may lead to claims for damages. In practice, most organizations do not pursue legal action. The best preventive measure for companies is to create a positive work environment to reduce turnover, while employees should always act professionally by giving proper notice according to the law.
Posted by
Posted by
Onusa Jaemmuak
HR Support Specialist
“Aon” is an HR consultant who coordinates and support the Support team as well as helping in developing the EzyHR system to meet the customer needs and work more in line of the system usage. She is an easy going, spiritual person who loves traveling and follows food reviews. A foodie by heart.
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