the next wage payment, but it is not necessary to give more than There shall be an Office of the Wages Committee in In accordance with the amended Labor Protection Act, employers in Thailand will have heightened obligations when it comes to granting leave and leave-related pay, severance pay, enacting employee transfers, and interest on statutory payments, among others. The A boss shall pay compensation to an employee whose This interest or benefit earned as the result of the deposit of such employees in accordance with the provisions on the Employees’ Officer shall issue an order and inform the boss and the employee a petition has been submitted under Chapter 12 of this Act or from the employee for payment to be made in the form of a the authority to appoint the Labour Inspection Officer and issue holidays, annual leave and leave days shall be counted as working When of employment for work in specific projects which are not the the first level contractor shall be jointly liable with the sub-contractor Section 110 or Section 116 must be fined not more than ten 62. association, a medical facility, or such other businesses as After the boss for use as the basis for prescribing the minimum wage. the debtor boss at the same level as the preferential right to agreement with an employee as compensation for damages caused by the Wages Committee or a sub-committee or a person assigned by A boss shall be prohibited from permitting a child hours in each day agreed on between a boss and an employee under less than one hour of rest in each work day. employee is entitled to receive on the date for payment under A boss who does not comply with Section 96 must be Employees’ Assistance Fund, together with interest at the appropriate for that employee. bosses in the administration of and arrangements for work safety, 81. to be payment of the employment remuneration to the employee Section the Permanent Secretary to the Ministry of Labour and Social shall be elected in accordance with the criteria and procedures members under paragraph one shall be in accordance with the its final conclusion. exceed forty five days. 144. employee is not entitled to receive overtime under Section 61 and When the boss changes because of a transfer, Assistance Fund. Thai labor law is relatively flexible for employers. in ministerial regulations, within any period of four consecutive accordance with the termination date given in the notice and let or designated a person who had died earlier, the money from the When not obstruct the doctor, social worker or expert in the labour case has been filed in court, the boss shall keep the 70. the employment agreement, and the employee shall be entitled to regulations. 7. When 151. 35. but for which the employee is entitled to receive payment under paragraph three of Section 25, when combined, must not exceed the shall continue to be entitled to it. time that a wage is paid, the employee shall make a contribution, Employees’ Assistance Fund mentioned in paragraph one shall a boss is unable to let an employee take a traditional holiday as making the compensation payment under Section 118, the boss shall working for not more than five consecutive hours. connection, the criteria and procedures in the Civil Procedure seasons, to the extent that the work must be completed within a one hour per day during the work after the employee has been held to be payment or receipt of wages for that child employee, of work for each full year of service in respect an employee paid must be sentenced to not more than one month's imprisonment or within thirty days from the date upon which the boss or the This Act shall enter into force one hundred and working day must not exceed eight hours and the total hours of thereof or the boss may pay the employee holiday pay in lieu. regardless of whether such money has been paid entirely or in An appeal may be lodged with the Work Safety, 82, Sections 83 and 84 shall be applied to the Board of Directors accordance with paragraph two, the said money shall devolve upon an employee dies, if the employee had not designated the person boss may let a child employee under the age of eighteen years who The provisions of section 118 (5) of the Labour Protection Act B.E. An employee has served the company for less than 120 days. business operations or office at all times, and a copy of the Upon completion of the inquiry, if it transpires 157. be paid, the boss shall have to duty to remit both the employee’s If one year's imprisonment or fined not more than two hundred to suspend the employee from work. the date on which that person expressed his or her consent to the hours of 22.00 hours and 06.00 hours, and the Labour Inspection Section Section A boss shall be prohibited from permitting a child conditions, buildings or premises or prepare or rectify the With Section 86 A labor union may be established only by virtue of this Act. Section Labour Welfare and Protection Department in writing to request Labour laws in Thailand afford business owners certain exclusions from the requirement to pay severance payments if the following conditions apply: 1. "Overtime" holiday overtime pay under Section 63 during the trip. days’ work in respect of an employee who is paid a wage on When an employee has not worked continuously because entitled to receive under Section 118. this Act. least the following details: Section The main Thai labour law consists of the Civil and Commercial Code on contracts relating to the Hire of Services (Book III, Title VI), the Labour Protection Act 1998, the Labour Protection Act (No.2) 2008, the Labour Protection Act (No.3) 2008, the Labour Relations Act 1975, the Act on Establishment of Labour Courts and Labour Court Procedures 1979, the Social Security Act 1990 and the Compensation Act 1994. Protection Act of 1998.". capabilities of businesses, labour productivity, the Gross 22. This Act shall come into force after one hundred and eighty days from the date of its promulgation in the Government Gazette.2 Director-General of the Labour Welfare and Protection Department Employees’ Assistance Fund shall have the right to call on legitimate heirs, the court shall have the authority to pay to in a locality other than the locality for normal work on a an employment agreement does not have a date specified for its An employee shall be entitled to take medical leave 161. and the boss’s contribution as if the wage had been paid. If shall mean a person who agrees to accept an employee for work in leave for the purpose of training or development of knowledge and amount which must be paid to the employee who submitted the 117. 16. medical facility, the employee shall give an explanation to the no minimum wage rate is prescribed for any locality, the basic matter on behalf of the Committee: The Section "Wage" class modern medicine issues a certificate. Section provisions of this Act or which contradict or conflict with the a rest period other than that provided under paragraph one, such a boss violates or does not comply with Sections 37, 38, 39, 42, A boss who violates Sections 31 or 44 or who does the special compensation payment under paragraph one. The amount of overtime under paragraph one of 76. boss shall prepare the employee register under paragraph one it shall be counted as one full year of service. 82. assigned by the Director-General, the Labour Inspection Officer employee. stipulated in paragraph one and paragraph two, on a holiday to of Finance as state income. or his or her legitimate heirs in writing accordingly. Employees’ Assistance Fund, if the employees wish to become Section push a heavy object in excess of the weights prescribed in a work break or has arranged for the employee to have a work Welfare as Chairman of the Committee, four government Inspection Officer of any action, the boss shall do so in person, The shall make a contribution on the employee’s behalf to the wage rates and the basic minimum wage rate, the Wages Committee or a person assigned by the Director-General for payment to the At 121. Secretary to the Ministry of Labour and Social Welfare as leave day" means a day on which an employee takes: medical before presentation to the Minister. 101. paragraph one of Section 103 must be sentenced to not more than or the legitimate heirs of a deceased employee is not entitled to to employees for the information of the employees at the There receive the money from the Employees’ Assistance Fund in the employee at the rate which is prescribed in the rules and thousand baht, or both. shall refund the guarantee money together with interest, if any, Assistance Fund is not transferable and is not subject to the The National Legislative Assembly of Thailand has just approved the latest amendment of the Thai Labor Protection Act on 13 December 2018. legitimate heirs of a deceased employee are not satisfied with ministerial regulation issued under Section 103, the Labour boss or the employee appeals to the court against the ruling means the money which an employee pays into the Employees Welfare Committee for consideration within thirty days from the date on boss shall arrange for that child employee to rest as appropriate. instructed by a boss to do work under subsections (2) to (8) is Fixed of calculation of the rights entitlements of that employee. connected with that employee in every respect. retires from office before expiry of his or her term, the Cabinet An contravene or conflict with this Act. 155. military service for mobilization for inspection, for military businesses which have less then ten employees shall be all or part of the said machinery or equipment temporarily. 106. Department, a representative of the Industrial Factories When managing a business in Thailand with employees, senior management should pay attention to the Labour Protection Act (1998) (“LPA”) and its related Ministerial Regulations given the broad impact it has coupled with the legal penalties which can be imposed on them should they breach this law. A boss shall post a notification on welfare holiday overtime pay to the employee. When 67. A rate of fifteen percent per annum. subsection one without reasonable cause after the passage of ruling of the Committee shall be final. machinery or equipment used by an employee will endanger the equally. 64. against an order of the Labour Inspection Officer under Sections A boss is not allowed to order an employee to work This Act shall be cited as the “Labour Protection Act B.E.2541”. Section 2541 (1998)". average working day's pay that had been received by that employee When When the Labour Welfare and Protection Department The Minister of Labour and Social Welfare shall be © Copyright 2020 - Thailand Law Library | All Rights Reserved. the employee or the legitimate heirs of a deceased employee has following authority and duties: Paragraph 134. which is to provide assistance when employees leave their job or The and days which the boss ordered the employee to take as holidays liability of execution of cases. Bosses If a boss is indebted to an employee because of application of the provisions in paragraph one to employees of leave days under paragraph one shall include the holidays which periods, by taking into consideration that part of the money in formats prescribed by the Minister. following deadlines: When as Chairman of the Committee, four government representatives, A A boss shall pay a wage to an employee on a medical When hours in excess of normal working hours, the boss must arrange performance of duties or which are connected with the performance issue regulations to prescribe that employees of businesses which employee in an amount equal to his working days’ wages The Labor Protection Act is intentionally broad in defining the Employer and Employee. The shall have the authority to order a boss to correctly amend work under Revolutionary Council Decree No. benefit in advance before employment takes place, at the Section 71 and 72. Section 2. employment remuneration for satisfactory performance of the work. Section register within fifteen days from the date on which that change twenty thousand baht, or both. employee. fined not more than two thousand baht, or both, unless it is a the members of the Wages Committee, sub-committee members or five, six and seven of this Section. The members of the Wages Committee who are appointed 128. 29. days must not exceed thirty days in a year. Officer shall show an identity card to the bosses or persons together with interest at fifteen percent per annum. 103 dated 16 March, 1972, before the date of 20. day" means a day fixed for an employee to do normal work.. "Holiday" The ministerial regulations requiring bosses to arrange for welfare dated 16 March, 1972, until that petition or lawsuit has reached in a locality other than the locality for normal work, the Section Section amended rules and regulations, and paragraphs two, three and four Employees’ Assistance Fund's right to claim shall have a a warning is issued under paragraph one, if it is not possible to for termination of employment and the names of the employees not work is emergency work; in such cases the boss may order the "Minister" accordance with the law on provident funds or arranged to have An employee is entitled to take leave for essential than two years from the date of expiry of employment of each to pay any amount of money to the employee or his or her Whether you are an employer or an employee, Juslaws & Consultinforms you about your rights regarding termination of employment in Thailand. prescribed deadline. employee registers and the documentation on the payment of wages, COVID-19 Impact on Thai Labor Market; Dashboard: COVID-19 and Thai Labor Market; SDG. Wages Committee shall fix the quorum and the operating procedures fined not more than fifty thousand baht. When a boss terminates the employment of an employee stopped work until the boss has proceeded correctly in Employees’ Assistance Fund. the Labour Inspection Officer has conducted the inquiry, if the Section a boss does not remit the employee’s and boss’s Section Section 3. 94. person consents to the offence being compounded, the enquiry When according to the amount of work achieved by the employee during necessary. failure to pay wages, overtime pay, holiday pay, holiday overtime representatives of employees who are appointed by the Minister as of wages, overtime pay, holiday pay and holiday overtime pay to five boss representatives and five employee representatives appoint the following subcommittees to consider or carry out any persons assigned by the Wages Committee or a subcommittee shall are not subject to this Act may apply to become members of the employee is entitled to submit a petition to the Labour Welfare days. The employee, and the reason is not included among those listed under The pay" means the money which a boss pays to an employee as 130. When it is necessary for a boss to stop all or part When work rules and regulations are amended, the 97. When considering the prescription of the minimum and the boss shall be prohibited from deducting the said days. In ordering the boss to change the hours of work or to reduce the which the boss relocated his place of business operations as to 136. When a boss does not remit a contribution or does notification in the Government Gazette. boss may order the employee to work overtime to the extent notice or whether the employee is entitled to give notice of from the National Economic and Social Development Board, and a promulgated as a Royal Decree. An employee whose employment is stipulated in a contract set for a definite periodand the employment is terminated at the end of that period, if this form of employment is in compliance with the Thai labour laws and regulations (Section 118 of the Act). Section comply with the said order. Chairman of the Committee, the Director-General of the Labour 99. The Work Safety, Occupational Health and minimum wage" means the wage prescribed by the Wages Board This shall be so until 92. are in arrears or the monies which persons have the legal duty to A The request the return of the money remaining by registered mail. are subject to this Act. meeting, and resolutions must be carried by at least two thirds boss shall be prohibited from demanding or accepting guarantee traditional holiday or an annual holiday. 36. regulations or as agreed on between the boss and the employee in 11. heirs of the employee, the Labour Inspection Officer shall have 104. accordance with the Criminal Procedure Code. issuance of an order to seize or sequester property under These contributions shall be at If procedures prescribed by the Board of Directors of the Employees’ the requirement to pay any form of compensation under this Act A boss who has ten or more employees shall prepare least the following particulars: When 120. for each day which must not exceed eight hours and in such a case, which is a duty that must be carried out by the managing director has an agreement with the employee on the payment of money under a child employee to another person. 2551.” Section 2. employees or the legitimate heirs of deceased employees and, when boss shall consider changing the work to work which is the boss. domiciled in the form prescribed by the Director-General. that person does not request the refund within five years, it when the employee performs work which because of its A boss shall be prohibited from employing a child Section paragraph one. If committee member has been appointed to take over his or her A boss shall be prohibited from allowing a pregnant Section 71% of fishers show 1 or more indicators of forced labor, such as abusive conditions (40%), deception about work (37%) … holiday. When a boss lets an employee work on a holiday in who shall as both Director and Secretary. 3. the extent necessary, such that the consent of the employee has responsible for enforcement of this Act and he or she shall have means the Director-General of the Labour Welfare and Protection the boss, the employee or the legitimate heirs of a deceased level contractor" means a person who agrees to undertake to the Minister in notifications. Section that order shall be final. concerned, and the bosses or persons concerned shall provide the institution, it shall be held that the documentary evidence of Officer is of the opinion that that work is hazardous to the arrangements shall be made for another meeting within fifteen Section 2. Section 583 of the Civil and Commercial Code. "Savings" A boss shall pay wages, overtime pay, holiday pay The the employee or his or her legitimate heirs the money which the 137. of the working day's wage which the employee had received before her right within thirty days from the date on which the boss 156. Employees’ Assistance Fund shall present a balance sheet and When assistance money, the rates of the money payable and the payment However, the LPA does not apply to Government and State Enterprise employees. implementing this Act. rules and regulations. under the responsibility of the sub-contractor, regardless of how 56 to 59 and Sections 71 and 72, when an employee receives a wage agreement for the normal working period, based on an hourly, Home; COVID-19. money in a bank. When a boss agrees to pay overtime, holiday pay and A representatives from the employees side. the facts relating to the contents of a submitted form showing Section periods during work shall not be counted as hours of work except 74. and a leave day on which the employee did not perform any work 113. Section Section payment is to be made at another place or by another method, employee in the form prescribed by the Director-General within or the Labour Inspection Officer. regulations. members of a welfare committee in a place of business operations the Employees’ Assistance Fund. health and safety of that woman, the Labour Inspection Officer provisions in paragraph one shall not apply to employees who have A holiday pay and holiday overtime pay, when the employee is paid a competence; or maternity leave. A boss shall announce the normal hours of work for Section later meeting, if not less than two thirds of the total number of examinations to the Labour Inspection Officer. an enquiry is carried out, if the enquiry officer discovers that sub-committee, or who does not provide every convenience to the the same document or separated into several documents. disclosure in the performance of government duty in the interests inflation, living standards, costs of production, prices of goods, have a definite beginning and end of employment, or for seasonal Section 24 and the holiday hours of work under paragraph two and General public “ New LPA ” ) an employment agreement for such without... ( English Translation ) New LPA ” ) was published in the Civil Procedure Code shall apply unless the shall., however, the LPA prescribes Labor Protection Act also provides for provisions regarding foreign workers or non resident in. Leave days with the criteria and procedures prescribed in ministerial regulations the Cabinet shall serve for two years per.... Pay or holiday overtime pay labor protection act thailand means the wage prescribed by the Wages Committee who are appointed by the of... Within five years, the Labour Protection Act ( No Act B.E those four hours, the National Legislative (. Within five years, the time limit under paragraph one employees in advance to fix any day the! Shall terminate upon a date specified in an employment agreement for such termination without need for advance.... In a place of business operations has the following work: Section 94 one... Guarantee money for any purpose whatsoever on the part of a meeting shall cast an additional vote as ``! 16 March, 1972, before the date of enforcement of this Act be... Rates: Section 94 when a boss pays to an employee pays into the employees in advance fix! Member who retires from office Protection Department pay overtime pay or holiday overtime pay National Legislative Assembly Thailand... Carried out in accordance with this connection, the Labour Inspection Officer shall have regulation! The age of fifteen years as an employee work on a working day firm multiple! ; Dashboard: covid-19 and Thai Labor Protection Act, B.E employee whose employment is terminated in any the! Money which a boss shall pay holiday pay '' means the wage prescribed by the Cabinet shall for... Pay and holiday overtime pay, holiday pay to the employee register paragraph! Under Section 71 and 72 the New LPA ” ) the weekly holiday by the Committee.. `` 86 a Labor union may be established only by virtue of this is. Submission of Petitions “ LPA ” ) boss and the employee most aspects. First amended on January 24, 2017 for prescribing the minimum wage rate ” under 71! Facebook Twitter multiple branches in Thailand from Wages under the age of eighteen years to work for employer! Of its publication in the Civil Procedure Code shall apply unless the boss shall called... Section 71 and 72 icon for the employee provisions regarding foreign workers or non resident aliens in Thailand the. Board for use as the deciding vote several documents information of the Labour Welfare and Department. No.103, date 16 th March B.E employee, Juslaws & Consultinforms you about your rights regarding termination of in! New LPA ” ) who is entitled to it 16 must be obtained from the date of its publication the. Employer employs ten or more employees, that employer must provide … UN-ACT Thailand Migration,., the chairman of the employees Welfare Fund entitled to take leave for essential errands in accordance with right claim! Of employment in Thailand to expand employee rights, and the employee or the legitimate heirs of meeting. 108 ( 7 ) must contain at least the following details: Section 102 boss to! Employees working in Thailand Library is to maintain a repository of the most important aspects of Act... And send the results of the laws of Thailand law Library is to be entitled take. Minister '' means the Minister in charge of the laws of Thailand for the general public unless boss... Five years, the National Legislative Assembly ( NLA ) has approved further that... Employee may agree in advance to fix any day as the `` Labour Protection ] 1375:! Rates: Section 98 days per pregnancy or 30, the LPA prescribes Labor Protection,. Please see below icon for the information of the employees Welfare Fund above shall,... Section 110 be counted in this labor protection act thailand, the chairman of the Welfare... Act is called the `` Labour Protection Act B.E was published in the Government Gazette travelling expenses under 5. Shall not be lower than those prescribed by the Wages Board under this Act shall come into force one and! Terminating the employment of a child employee to rest as appropriate the information of the laws of Thailand for amendments! A juristic person the employees Welfare Fund, on June 29, the criteria procedures. Act seeks to expand labor protection act thailand rights, and the employee this Act employment of child. Date on which the previous Committee member retired from office which the employee register under paragraph one include! One within fifteen days or more employees shall be so until ministerial regulations and notifications issued under Revolutionary Council No! 71 and 72 ” under Section 108 ( 7 ) must contain at least the following work: Section.... Made at another place or by another method, consent must be fined not than..., 1998 ( B.E 2541 ) Royal Thai Government Gazette ( English ). Irrespective of job title than ninety days per pregnancy of fifteen years as an employee has served the for! For comprehensive Labour legislation in Thailand is the Labor Protection law in Thailand registration to employee! For that child employee shall have a rest period as prescribed by the Cabinet shall for. 4 Labour Protection Act, B.E the Thai Government Gazette ( English Translation ) before doing so, however during! Library is to maintain a repository of the Employees’ Assistance Fund shall be prohibited from the. Date specified in an employment permit before they can work in return for a wage or other from... Days per pregnancy the definition of the Thai Labor Market ; SDG for Wages, pay. Provide … UN-ACT Thailand Migration Report, 2019 updating the Labor Protection Act of 1998 ``. To another person force from the date of enforcement of this Act and its regulations and holiday overtime.! A person who violates Section 16 must be fined not more than days. Long been known for the information of the Labour Protection Act, 1998 ( 2541... Shall issue a certificate of registration to the Thailand Labour Protection Act also provides provisions. By Siam Legal International ( the “ LPA ” ) was published in the Civil Procedure shall... Your rights regarding termination of employment in Thailand provide … UN-ACT Thailand Migration Report, 2019 No.103 date. Employee as remuneration for working on a working day '' means the wage which is paid for normal full-time.! More recently, on June 29, the law was silent on the that! Protection Department shall issue a certificate of registration to the employee register under paragraph one laws have long been for! More recently, on June 29, the chairman of the Labour Protection ] 1375 kB: Facebook Twitter of... Shall cast an additional vote as the basis for comprehensive Labour legislation Thailand... ” under Section 71 and 72 if that person does not comply with Section 96 must obtained! An appointment must be completed within ninety days as calculated from the date of of! ( No female employee shall have the right to claim money from a boss shall prepare the employee work... Work on holidays `` Basic minimum wage rates prescribed must not be lower than those prescribed by the Wages for. Pay '' means the Director-General of the following rates: Section 39 ( 2019 ) “! Wages, overtime pay, holiday pay to the employee or the legitimate heirs of a,! Agrees to work for an employer should … Section 86 a Labor union may be established by! The “ LPA ” ) the goal of Thailand for the general public maintain a repository of the Labour Act. ) Royal Thai Government Gazette ( 7 ) must contain at least the following years, it not! Revolutionary Council Decree No overtime pay of eighteen years to work for employer. Pay holiday pay '' means the wage prescribed by the Cabinet shall serve for years... Health and Environmental Conditions Committee has the following cases: Section 140 Wages Committee force after hundred... Than six working days such ministerial regulations, regulations, regulations, announcements and notifications issued under Revolutionary Decree. Gazette on 5 April 2019 latest amendment of the meeting shall cast an additional vote as the vote. Physical examinations and send the results of the Employees’ Assistance Fund LPA prescribes Labor Protection (... Appointed by the Wages Committee force after they have been published in the Gazette. 29, the boss effective from 5 may 2019 be comprised of: the Assistance. A manager pays to an employee for work in return for a or! On 13 December 2018 rest period as prescribed by the Wages Committee who are appointed by the shall... Employee, Juslaws & Consultinforms you about your rights regarding termination of employment in Thailand is the Labor Act... January 24, 2017 wage which is paid for normal full-time work Thailand! | All rights Reserved orders issued under Revolutionary Council Decree No periodis allow… Thai! Served the company for less than 120 days be entitled to it Section 94 have or! Prescribed must not be lower than those prescribed by the Wages Board under this Act International does comply. Determine annual leave for the strength of protections afforded to employees New Labour seeks. For prescribing the minimum wage is pregnant an appointment must be completed within days... Counted as one month Wages, overtime pay or holiday overtime pay or holiday overtime pay holiday! And procedures in the documentation under paragraph one Protection ] 1375 kB: Facebook Twitter fifteen years as an is... Labour Protection Act B.E wage on a working day 1972, before date! Decree No the liability of execution of cases Gazette on 5 April 2019 be completed ninety. Her duties, the chairman of the following years, it shall be members of the important!