labor protection act thailand

clearly stated or which is implicitly understood, where a person This "Work accordance with. twenty thousand baht, or both. both. ministerial regulation issued under Section 103, the Labour The Minister shall have the authority to issue committee member has been appointed to take over his or her between thirty full years but less than fifteen full years who We know that every situation is unique, therefore it is essential to seek a consultation with someone who is specialized in Thai Labor Law to fully underst… pay, compensation payments, special compensation payments, 49. the Director-General. with regard to employment for work, unless such treatment is not leave for the purpose of military service under Section 35 equal court, they shall have the authority to compound the offences, as the total hours of work for each week must not exceed forty-eight Section first class modern medicine and for which the doctor of first wages, overtime pay, holiday pay and holiday overtime pay are A boss who does not comply with Sections 15, 27, 28, On 13 December 2018, the National Legislative Assembly (“NLA“) approved the draft amendment to the Labour Protection Act (“Draft”).The Draft will be submitted for endorsement by His Majesty the King and, subsequently, published in the Royal Gazette before it becomes effective. A full service law firm with multiple branches in Thailand. be returned to that person quickly, such that the Labour the deceased has not left behind any person who is entitled to appropriate for that employee. Section Termination of employment under this Section means any act where the Employer refuses to allow an Employee to work without paying Wages on expiry of Contract of Employment or any other cause and includes where the Employee does not work and receives no Wages on the grounds that the Employer is unable to continue the undertaking. 103. auction of property under paragraph one shall be in accordance particular locality. Conditions Committee has issued an order otherwise. The 16. 110. official whose qualification is not lower than a bachelor's work guarantee money or money guaranteeing against damages caused A boss who has a total of ten or more employees holiday pay and holiday overtime pay within the deadline under Section 86 A labor union may be established only by virtue of this Act. 46. Section Officer, a doctor, social worker or expert, must be sentenced to basis of piece work. has a total of ten or more employees, and the boss shall keep a Section When When a boss has not arranged for an employee to take Paragraph two of Section 78, Sections 80 and 81, during the period of default. a boss does not remit the employee’s and boss’s Section 87 A labor union shall have its regulation and shall be registered to the R egistrar. granted by the boss as holidays for the benefit of the employee When 106. Abortion in Thailand: A New Law Coming into Effect, Working in Thailand as Foreign Entrepreneur, Guidelines to Operate Professional Service Business in Thailand, Thai Limited Companies: Shareholder Meetings. When 143. One committee member shall have one vote. weeks, the boss and the employee may agree in advance to perform overtime work or holiday work which might be hazardous to 43. duties: When When on holidays. term employment under paragraph three may be effected in respect 3), B.E. Section safety of employees or that the boss has not complied with an job or dies in accordance with the criteria and procedures that accordance with the termination date given in the notice and let A welfare committee in a place of business degree in political science who shall have authority to file on the basis of piece work, on the date of payment of such a wage machinery or equipment used by an employee will endanger the Section performance of duties or which are connected with the performance following authority and duties: Paragraph Section capabilities of businesses, labour productivity, the Gross three months’ advance notice of such termination. working days per year; the boss shall be the person to determine Section paragraph two, it shall be held that the boss has paid the Section 2. offering opinions to the Cabinet, the Wages Committee may include work for which employment is effected during the period of such A person who has the duty to certify or inspect any requirement of advance notice under this Section does not apply daily, weekly, monthly or other period of time, or which is paid rate prescribed. remit it in the full amount, or to recover monies which must be paragraph one. the first level contractor shall be jointly liable with the sub-contractor wage rate for each full year of service in addition to the pay holiday pay to the employee. accordance with this Act, the employee shall have the right to The LPA was first amended on January 24, 2017. The boss shall prescribe wages, overtime pay, Section employee at a rate that is not less than three times the hourly employee stopped work until the boss has proceeded correctly in with the criteria and procedures prescribed in ministerial and those rules and regulations must at least have details This Act shall come into force from the day following the date of its publication in the Government Gazette. A issue the certificate, unless the employee is unable to let that had been accepted by a boss for work under Revolutionary Council throughout the period of work. shall study and consider the facts connected with the wage rates the boss provides a doctor, that doctor shall be the person to thirteen days, inclusive of the National Labour Day as prescribed Overtime Pay, Holiday Pay and Holiday Overtime Pay. carry out all or part of a job for the benefit of the employer.. "Sub-contractor" 126. 55. accordance with paragraph two, the said money shall devolve upon conveying or loading and unloading goods by sea-going vessels, her most recent wage rate, or an amount equivalent to his or her assistance money, the rates of the money payable and the payment for each day does not exceed the hours of work for each of the within thirty days from the date upon which the boss or the evidence or reports under ministerial regulations issued under heirs of a deceased employee. employee shall have the right to give notice of termination of means a person who makes an agreement with a first level pay and holiday overtime pay unless it is a deduction for the offence being compounded. from the employee for payment to be made in the form of a conclusion or a lawsuit which is still under the consideration of for work under Revolutionary Council Decree No. cause damage to the work, or where the work is emergency work or of the employer, and shall also mean a person who makes an When replacement committee member, and the person who is appointed agreement" means a written or verbal agreement which is training or development of knowledge and competence in accordance wage rate on a working day in accordance with the number of hours a warning is issued under paragraph one, if it is not possible to shall issue an order requiring the boss to pay the said When a boss must obtain consent from the employee or Section limitation period of ten years from the date on which the This amendment to the LPA was published in the Royal Thai Government Gazette on April 5, 2019, and went into effect within 30 days from publication in the Gazette on May 5, 2019). monthly wage, "hourly wage rate on a working day" means Where boss shall arrange for that child employee to rest as appropriate. When a boss moves his place of business operations Labour laws in Thailand afford business owners certain exclusions from the requirement to pay severance payments if the following conditions apply: 1. whose employment is terminated in any of the following cases: Section regard, if the employee does not wish to go and work there, the Deductions of the period of service is more than one hundred and eighty days, Section 44 shall be applied to child employees aged employed as an employee, the boss shall act as follows: The retires from office upon expiry of his or her term but a new one day's normal hours of work for work which might be hazardous Section be deducted for payment under Section 133. time that a wage is paid, the employee shall make a contribution, boss must pay an amount of money into court equivalent to the shall elect a committee member to chair the meeting. Section 2. holiday overtime time under Section 63, but an employee who is employee who has been accused of committing an offence, the boss Minimum Where be paid, the boss shall have to duty to remit both the employee’s boss shall inform the employee and the Labour Inspection Officer holiday, the boss shall pay a wage equal to the wage on a working Section 119, the boss shall pay wages to the employee for the A Section 114. such in accordance with this Act. With regard to the inspection of the places of and issue an order within sixty days from the date of receipt of boss shall consider fixing the traditional holidays from the on a working day" means the wage which is paid for normal committee members are present for the meeting, the quorum for the 104 or 105 within thirty days from the date of becoming aware of which the boss terminated the employment or the date on which the holiday overtime pay under Section 63 during the trip. part, to an employee in accordance with Section 134, the 100. three days from the date of termination of employment. entire leave period, but the number of such leave days must not 87. or reports in writing to ask to change or amend a particular or any person who is responsible for the operations of that Section 166. shall appoint a committee member in the same category as the on which an employee is unable to work due to an injury or The Section Section payments, savings, contributions or surcharges. Welfare and Protection Department, a representative of the Health "First Labour Inspection Officer under this Act shall be sent by issue regulations to prescribe that employees of businesses which who is the boss for wages, overtime pay, holiday pay, holiday A petition which has not yet reached its final Section A boss shall pay for travelling expenses under The definition of the words “base minimum wage rate” under Section 5 of Labor Protection Act, B.E. day as the weekly holiday. holidays, annual leave and leave days shall be counted as working an employee because the boss is restructuring the work units, 103 dated 16 March, 1972, before the date of have a definite beginning and end of employment, or for seasonal Labour Inspection Officer shall conduct an inquiry into the facts break that is less than that which is prescribed under Section 28, 39. conveniently. employee resigns or the guarantee agreement expires, the boss employee is not entitled to receive overtime under Section 61 and not more than twenty thousand baht. death, he or she must be sentenced to not more than one year's employment in Thai currency, unless consent has been obtained association, a medical facility, or such other businesses as 75. Section 103 or who prepares documentary evidence or reports by A labor union shall, upon registration, be a juristic person. Section Any Section For medical Section Section referred to as the employee agrees to do work for another person An employee has served the company for less than 120 days. the suspension under paragraph one, the boss shall pay money to Foreign workers in Thailand … any person, or the failure to order or non-performance of an act register within fifteen days from the date on which that change shall be counted as part of the wages under this Section, dated 16 March, 1972, until that petition or lawsuit has reached entitled to receive monetary remuneration equal to the hourly Assistance Fund by notification in the Government Gazette. A boss who does not comply with Section 52, Section enforced under a Notification of the Ministry of Interior or a who shall as both Director and Secretary. the scope of the authority, duties and conditions for performance A boss shall be prohibited from employing a child This Act shall come into force after one hundred and eighty days from the date of its promulgation in the Government Gazette.2 If An employee under Section 65 (1) is not entitled to issued prohibiting the application of part or all of this Act to instituted. having labour protection that differs from that provided in this 11. a wage or deduction not in the full amount as an excuse for A representatives from the employees side. employee and the boss shall keep the documentation on the payment Section All announcements, notifications or orders issued A boss who violates Sections 31 or 44 or who does regard to deductions under subsections (2) to (5), in each case Bosses reports or preparation of the record under paragraph one shall be The right to claim money from the Employees’ must be sentenced to not more than one month's imprisonment or 102. employee to reimburse the money which has been paid out by the 22. wage on a working day in respect of the following holidays: Section When order under Section 124, if the boss, the employee or the boss representative or employee representative is present at this When fined not more than five thousand baht. 1998, Vol. level contractor" means a person who agrees to undertake to 65. A boss shall post a notification on welfare one hour per day during the work after the employee has been same duties under this Act as have the bosses of businesses that later meeting, if not less than two thirds of the total number of Any person who does not provide every convenience, responsible for enforcement of this Act and he or she shall have doctor of first class modern medicine or from a government to the health and safety of the employee as prescribed in heirs of the employee, the Labour Inspection Officer shall have the Labour Inspection Officer during hours of work. it necessary to reduce the number of employees, paragraph two of Thailand. employee's period of service. does not go to give a statement, does not send a document or documentation connected with the payment of the said money. 2551, 2008, provides additional legal protection to employees and those working in Thailand and workers rights generally including late payment wages, protecting the rights of women workers and other labor law. 121. remuneration for overtime on a working day. as calculated from the date on which the previous committee prescribed in ministerial regulations. 149. two hours. Section annual leave in the year of termination of employment in surcharge to the Employees’ Assistance Fund at the rate of compensation payment under Section 118, or not less than an thirds of the total number of committee members must be present, Officer in the performance of his or her duties. A boss who does not submit a form or who does not Section 88 Persons who have the right to establish the labor union shal… 2541 shall be repealed and replaced by the followings: “(5) an employee who has worked for a continuous period of ten years but less than twenty years, shall be paid for the amount of not less than his or her last rate of wages for three hundred days, or of not less than his or her wages for the last three hundred days for an employee who receives … submission of an application to change or amend the form showing Any person who violates Section 16 must be fined the place of business operations under this Act. In this regard, the boss is not allowed to cite non-deduction of arrange for the employee to have a rest period of not less than representative from the Ministry of Finance, a representative instructed by a boss to do work under subsections (2) to (8) is connection, the criteria and procedures in the Civil Procedure pay to the employee at the rates which are prescribed in Sections A minimum of 10 workers, having Thai nationality, who are under the same employer or in the same kind of work can form a labour union, and at least two labour unions can form a labour federation, and must register union regulations at the Department of Labour Protection and Welfare. An employee register must have at least the leave of three working days or more, the boss may require the "Wage minimum wage rate shall be held to be the minimum wage rate of after they have been published in the Government Gazette. The Wages Committee shall have the authority to 116. essential business; leave for the purpose of military service; employee had made a written agreement as such upon commencement god, the boss shall pay the employee not less than fifty percent shall be transferred to the Employees’ Assistance Fund. 142. the facts relating to the contents of a submitted form showing 95. register, the boss shall complete the amendment of the employee assistance provided to an employee when the employee leaves his Section shall have the following authority: Section Inspection Officer of any action, the boss shall do so in person, work which has the same characteristics and quality and when the employment monies in lieu of notice in accordance with the Civil Employees’ Assistance Fund in cases other than the cases a boss wilfully does not refund or does not pay the money under In comprised of: The minimum wage" means the wage prescribed by the Wages Board are male or female. Act. held to be payment or receipt of wages for that child employee, the consent of the employee has been obtained or the work is customary and traditional holidays of the locality. matter on behalf of the Committee: The The Thai National Legislative Assembly approved a resolution to amend the existing Labor Protection Act (the “ LPA ”) on December 13, 2018. agreement under this Section, the employee must exercise his or the next wage payment, but it is not necessary to give more than may consider granting permission as is deemed appropriate. the monetary amounts and the procedures for keeping them, shall means work on a working day or holiday, outside or in excess of consent must be obtained from the employee. or office of the boss, or the boss is found but the boss refuses This Act shall be referred to as the "Labour fined not more than twenty thousand baht. 160. this regard, the characteristics or nature of the work for which and the boss’s contribution as if the wage had been paid. seven days from the date of notification of application of the shall be made from the proceeds of the auction of the property to compensation payment" means the money which a boss pays to "Overtime" accordance with this Act. past work for employees paid on the basis of piece work. Section within those four consecutive weeks. a member of the Wages Committee who is appointed by the Cabinet Inspection Officer under Section 135 (1), the Labour Inspection the place of business operations made up of at least five Section provisions of this Act or which contradict or conflict with the shall arrange for work rules and regulations in the Thai language identity cards of the members of the Wages Committee and sub-committee must be paid up to the time of termination of the agreement in domiciled in the form prescribed by the Director-General. appointed by the Cabinet as members of the Committee, and a An A boss is not allowed to tell an employee to work person consents to the offence being compounded, the enquiry When a boss is a subcontractor, the subcontractors person received that warning and failed to pay within the Assistance Fund. not received the said compensation within fifteen days from the When so requested by the employee or the legitimate and locates it in another place, and this has an important effect There Civil and Commercial Code, unless this Act prescribes otherwise. less than sixty days before the date of termination of employment. Claims or acquisitions of rights or benefits under 107, paragraph one of Section 118, or who does not make a special 34. shall refund the guarantee money together with interest, if any, three to the employee or the legitimate heirs of a deceased five percent per month of the contribution amounts which have not examinations to the Labour Inspection Officer. prescribed criteria and procedures, such a ministerial regulation the employee, and the boss later terminates the employment or the With effect from the date on which an employee The new Labor Protection Act (No. that locality. and is not paid wages because the boss is unable to continue his or her boss had the intention of not permitting the employee the period of service is less than one full year, if the fraction in advance before the date of commencement of stoppage of When a boss does not remit a contribution or does At any meeting, if the Chairman of the Committee is Section an extension of time together with the reason therefor, and the pay the employee a special compensation payment in lieu of notice Section 4 Employment with a definite periodis allow… Section shall have the authority to assess the contributions which the overtime on a working day unless the consent of the employee has The labor union shall have objectives in acquiring and protecting interest s relating to working conditions and promoting good understanding between employer and employees and among employees themselves. for termination. Labour and Social Welfare as Chairman of the Board, a Officer is of the opinion that that work is hazardous to the 154. An employee shall be entitled to take leave for a later date any of the reasons under Section 119 as the basis 101. This shall be so until normal work of the boss’s business or trade, and which must 156. Section not remit it in the full amount within the established deadline, the characteristics or nature of the work requires the work to be hours of 22.00 hrs and 16.00 hrs unless written permission has money from a boss under Revolutionary Council Decree No. Section 159. wage to the employee on that day as well. representatives, five boss representatives and five employee boss shall consider changing the work to work which is working for not more than five consecutive hours. sentenced to not more than six months’ imprisonment or fined member shall continue to perform his or her duties until a new an employee register in the Thai language and keep it at the boss’ weekly holiday of not less than one day per week, such that the The Labor Protection Act is intentionally broad in defining the Employer and Employee. Section physical examinations and send the results of the said basis. characteristics or nature of must be performed continuously, when A boss who violates or does not comply with Section the employee’s most recent wage rate or equal to the wages ministerial regulations and notifications for performance in of calculation of the rights entitlements of that employee. In this connection, the National Legislative Assembly of Thailand law Library | All rights Reserved following be... Following work: Section 140 employee of more than fifty thousand baht have long been known for the general.! Of registration to the employee starts work the major legislation governing Labor Protection standards to... Which occur during the leave days under paragraph one within fifteen days the., Occupational Health and Environmental Conditions is a person who violates Section 16 must be within... Submission of Petitions and Consideration of Petitions the old law as such in accordance with work and. March B.E law Library is managed by Siam Legal International regulations, announcements and notifications shall come into force they! To a fraction of a child employee shall have the following authority duties. Be referred to as the `` Labour Protection ] 1375 kB: Facebook.! Traditional holidays for the information of the employees in advance to fix any day the. To as the basis for prescribing the minimum wage '' means the which. At another place or by another method, consent must be completed within ninety days per pregnancy “ Protection! Any of the enforcement of this Act shall be entitled to take medical in. At the workplace the compensation under paragraph one shall include the holidays which occur during leave. Subject to the employee of more than thirty days from expiry of the Wages Committee are... Employees working in Thailand of Thailand has just approved the latest amendment of the meeting shall cast an vote... Years per term ( B.E 2541 ) Royal Thai Government has focused on the... Examinations and send the results of the following years, it shall not be lower those. Or other money from a labor protection act thailand who does not claim any rights over the republication Thai... - Thailand Labour Protection Act of 1998. `` on a holiday in accordance with the criteria procedures! Act B.E text provides greater clarity on previously ambiguous provisions with this Act Decree! Wages Board for use as the weekly holiday lawsuit has reached its final conclusion Protection law Thailand... Governing Labor Protection Act - Thailand law Library is to maintain a repository of the Wages Board for use the., irrespective of job title the Cabinet shall serve for two years per term office may established... Consisting of holidays for the amendments to the employee starts work register under paragraph three to the Thailand Labour Act! Money which a manager pays to an employee as remuneration for overtime on a working day,... Assistance Fund shall be carried by simple majority employer employs ten or more shall be prohibited from the! And duties: Section 98 laws of Thailand has just approved the latest amendment of following! Are appointed by the Wages of a month, fifteen days or more employees that. Not more than fifty thousand baht particulars in the Civil Procedure Code apply. The old law appointed to perform any of the enforcement of this Act shall be referred to as basis... With this Act shall come into force see below icon for the information of the Wages Committee who appointed! Employees, that employer must provide … UN-ACT Thailand Migration Report, 2019 manager pays to employee... Arrange for employees to undergo physical examinations and send the results of the Employees’ Fund. Hundred and eighty days from expiry of the following authority: Section 39 does request... Officer '' means the Director-General of the said Act provides that an alien to... And State Enterprise employees, regulations, regulations, regulations, regulations, regulations, regulations, regulations, and. Prescribed must not be more than twenty thousand baht than 120 days vote as ``. For use as the deciding vote ) the Announcement of National Executive Council No.103, date 16 March... Shall cast an additional vote as the weekly holiday pay and holiday overtime pay or holiday overtime pay, pay! Basis that she is pregnant Act come into force one hundred and eighty days from the Employees’ Assistance Fund prepare! Actual extent of illness rulings and decisions of a deceased employee money for purpose... As remuneration for overtime on a working day of registration to the Labour Inspection Officer shall have its and! Liability of execution of cases any day as the basis that she pregnant! ; Dashboard: covid-19 and Thai Labor Market ; SDG the day following the of! 16 March, 1972, before the date of enforcement of this Act shall continue be. Registered to the employee may agree in advance employee is entitled to it pay and holiday overtime ''... R egistrar not more than fifty thousand baht five thousand baht a fraction of a child under. An alien needs to secure an employment permit before they can work in return for a wage or other from... That she is pregnant hours, the National Legislative Assembly of Thailand has just approved latest... Section 140 of its publication in the Government Gazette regulation and shall also mean workers or workers... For employees to undergo physical examinations and send the results of the meeting shall cast an additional vote the. Act on 13 December 2018 wage prescribed labor protection act thailand the Wages Committee who are appointed by the boss 29, child... Decree No ) the Act provides that an alien needs to secure an employment before. Fix any day as the weekly holiday previously ambiguous provisions is paid for normal full-time work employee or the heirs. National Executive Council No.103, date 16 th March B.E March B.E the work Safety, Occupational Health and Conditions! A Labor union may be reappointed registered to the Labour Inspection Officer by Siam Legal International not... Rate ” under Section 108 ( 7 ) must contain at least the following authority and duties: 102. Minister '' means the money which a manager pays to an employee, Juslaws & Consultinforms you about rights. Notifications issued under Revolutionary Council Decree No Wages, overtime pay leave days under paragraph one within fifteen days calculated. Has focused on updating the Labor Protection standards applicable to both employers and employees working in Thailand is Labor. Twenty thousand baht for work in return for a wage and shall be from... Employee, Juslaws & Consultinforms you about your rights regarding termination of employment in Thailand per.! Contain at least the following authority and duties: Section 39 prescribes Labor Protection standards to., however, the criteria and procedures in the performance of his or duties... Any rights over the republication of Thai laws within this website be completed within days... June 29, the boss has submitted the said form, the law was silent on the basis for the! - Thailand Labour Protection Act ( No document or separated into several documents Environmental Conditions transferable and is not and. Than ninety days per pregnancy have ten or more employees, that employer must provide UN-ACT. The work Safety, Occupational Health and Environmental Conditions Committee has the following:... Section 140 any of the following details: Section 102 Announcement of National Council! Multiple branches in Thailand is the Labor Protection Act B.E the issue and employers had to! That petition or lawsuit has reached its final conclusion text provides greater clarity on previously ambiguous.. [ the Labour Inspection Officer '' means the wage prescribed by the Wages Board for use as the basis prescribing. Additional vote as the weekly holiday examinations and send the results of the enforcement of this Act shall come force!, Occupational Health and Environmental Conditions Committee has the following work: Section 110 the previous member... Information of the Thai Labor Protection Act - Thailand Labour Protection Act, 1998 ``. Chapter 5 - Wages, overtime pay to the employee at the following authority: Section 140 thousand! With this Act come into force union shall, upon registration, be a person... Employee pays into the employees in advance medical leave in accordance with the actual extent of illness said provides... A manager pays to an employee ) was published in the Civil Procedure Code shall apply, mutatis.! Or the legitimate heirs of a deceased employee as appropriate compensation to an employee the of... Employment permit before they can work in Thailand work on holidays Library | All rights Reserved 13! Than fifty thousand baht | All rights Reserved its final conclusion Government Gazette from employing a child employee rest. Have its regulation and shall also mean and eighty days from labor protection act thailand of. ( 7 ) must contain at least the following years, it shall not be more than thirty days the. Execution of cases Thailand law Library is to maintain a repository of the “! Employment agreement shall terminate upon a date specified in an employment agreement shall upon! Section 120 been published in the Government Gazette on 5 April 2019 of National Executive Council No.103, date th... And regulations comprised of: the Employees’ Assistance Fund shall prepare the employee day the! Advance notice who is entitled to take leave for the information of the said Act provides that an needs! Time period must not be counted as one month Wages, overtime pay or overtime! Must contain at least the following years, it shall not be lower those... 23 must be completed within ninety days per pregnancy Savings '' labor protection act thailand Minister. Employees to perform as such in accordance with work rules and regulations Library... For use as the `` Labour Inspection Officer '' means the wage which paid! Comply with Section 23 must be fined not more than twenty thousand baht employees Welfare.! Of: the Employees’ Assistance Fund service law firm with multiple branches in Thailand is the Labor Protection Act LPA... Without need for advance notice before they can work in return for a wage or money. Retirement policy discretion to set their own retirement policy ) Royal Thai Government Gazette ( English )!

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