📌 Sent an employee to train abroad, but he resigned early...

Does the employer have the right to refund? 🤔

Many entrepreneurs have encountered this situation.

Invest, send employees to study, train, or work abroad, but eventually the employees quit early.

The question is...

Is the money invested really reclaimed?

One of the cases from the Court of Appeal of Special Conviction No. 306 / 2567 provides a very interesting lesson for business owners.

📖 What happened to this?

The company sends employees to train and work abroad.

Ready to promise that

• If the project is canceled and employees return to Thailand

• Must resume "use capital" for twice the amount of time spent abroad

But unexpected events happened...

🔎 Summary of key points from this case (easy to understand)

1️⃣ COVID caused the project to be canceled.

Staff abroad 417 days

According to the contract, it requires 834 days of capital work.

But the staff actually worked for only 573 days.

And then quit early.

2️⃣ Employer sued for refund

The company charged approximately 386,246 baht.

By calculating the costs, for example,

• Allowance

• Accommodation fee

• Travel expenses

3️⃣ The court ruled separately "training fees" and "welfare."

The court deemed that

Employees go abroad not only to train, but also to work for the company.

So some expenses, for example,

• Allowance

• Accommodation fee

• Subsistence expenses

It's considered welfare.

❗ can't be retrieved.

4️⃣, but employees still have to make some reparations.

The court recalculated the appropriate costs.

The employee therefore had to pay back approximately

💰 180,337.95 baht

For working hours, use funds that are still lacking.

5️⃣ interest. The court adopted a new law.

Primary use by the Royal and Commercial Code (revised 2021)

To charge default interest according to

Policy interest rate + 2% per year

But not more than 5% per year, according to the employer.

📊 Insight for Business Owners

There are three important lessons in this case.

✅ to contract "send employees to train."

The cost should be clearly separated.

• Actual training fee (tuition fee, course fee)

• Cost of living or welfare

Because the courts may not restore welfare.

✅. Assigning capital work.

Like twice the training time.

It can be done, but the court will look reasonable.

✅ to default interest.

It should be clearly stated in the contract.

Otherwise, legal rates are required.

👉 This material is general information, not case-specific legal counsel.

Resources:

• Summary from Court of Appeal Judgement for Special Prerogative Cases No. 306 / 2567

• Brief by Forensics Division, Department of Welfare and Labor Protection

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