| Rights
and duties of employers and employees under the new Labour Protection
Act B.E.2541
Working
Hours
- Not exceed 8 hours
per day and 48 hours per week
- Works which
may be harmful to the health or safety of the employees as prescribed
by Ministerial Regulations shall not exceed seven hours per
day and not exceed 42 hours per week.
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Rest
Periods
- During a working
day an employer shall allow an employee a rest period of at
least one hour once the employee has worked on that day for
his first consecutive hours.
- The employer and
employee may agree in advance to have each rest period of less
than one hour, but not less than twenty minutes each time whilst
the total rest period for the day shall not be less than one
hour.
- Where the nature
or type of work necessitates continuous performance, stoppage
may damage the work, or it is an urgent, the employer may require
an employee not to have a rest period with consent of the employee.
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Holidays
Weekly Holidays
- An employer shall
let an employee have at least one day off per week as a weekly
holiday and the interval between each weekly holiday shall be
no longer than six days.
- An employee shall
get his basic pay on weekly holidays (excluding daily workers,
hourly workers, or works based upon output)
- An employee and
employer may agree in advance to fix which day shall be the
weekly holiday.
- As to hotel, transport,
foresty work or work performed in isolated areas (fishery works,
extinguishing work) or other work prescribed by Ministerial
Regulations, an employer and employee may agree in advance that
weekly holidays be accumalated and be taken at a later time,
but nevertheless during the period of four consecutive weeks.
- In case of unidentified
weekly holidays, an employer shall notify an employee not less
than 3 days in advance and report Labour Inspectors within 7
days since the day of notification.
Traditional
Holidays
- Not less than 13
days including National Labour Day. Where a traditional holiday
falls on a weekly holiday, the employee shall be granted an
additional holiday on the following working day.
- An employee shall
get his basic pay on traditional holidays
Annual
Vacation
- An employee who
has worked continuously for one full year shall be entitled
to an annual vacation of not less than six working days.
- An employee is entitled
to get his basic pay on his annual vacation.
- For an employee
who has worked for less than one year, the employer may grant
the employee an annual vacation on a pro-rata basis.
- An employer is entitled
to arrange an annual vacation and notify an employee in advance,
or arrange as their agreement.
- An employer and
employee may agree in advance that the annual vacation be cumulative
and postponed and taken togenther with that of the following
year.
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Sick
Leave
- An
employee is entitled to sick leave and get his basic pay at
a rate equal to the basic pay for a normal working day for the
entire time taken as sick leave for up to 30 working days per
annum.
Maternity Leave
- A pregnant female
employee is entitled to maternity leave of not more than 90
days for each pregnancy, inculding holidays during the maternity
leave and get her basic pay at a rate equal to normal working
days during the leave but not exceed 45 days.
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Sterilization
leave
- An employee is entitled
to take leave for the purposes of sterilization and shall have
the right to take leave as a result of the sterilization for
such time as a first class medical practitioner shall prescribe
and in respect of which he issues a certificate and get his
basic pay at a rate equal to normal working days during the
leave.
Personal
Business Leave
- An employee is entitled
to take leave to attend to his personal business as necessary
in accordance with work regulations.
- An employee shall
not get his basic pay on his personal business leave.
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Military
Service Leave
- An employee is entitled
to take leave for military service when the goverment makes
a call for personnel inspection, for military training, or for
testing of combat readiness, and get his basic pay at a rate
equal to normal working days during the leave but not exceed
60 days.
Training Leave
- An employee is entitled
to take leave for training or development of his knowledge and
skills in accordance with the rules and procedures prescribed
by Ministerial Regulations.
An employee shall not get his basic pay on his training leave.
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Basic
Pay
- "Basic Pay"
means the money which the employer and the employee mutually
agree is to be paid in return of work done in accordance with
the employment contract during normal working hours on an hourly,
daily, weekly, monthty, or other periodic basis or to be paid
upon the basis of output of the employee during normal working
hours, and also includes money which the employer pays whilst
the employee is on holiday or taking other leave pays whilst
the employee did not work but nevertheless is such in respect
of which he is entitled to receive payment under this Act.
- An employee is entitled
to get his basic pay not lower than minimum rate of basic pay.
- If no minimum rate
of basic pay has been determined in any locality, the base minimum
rate of basic pay shall be deemed the minimum rate of basic
pay in that locality. ("Minimum rate of basic pay" means the
wage rate prescribed by the Remuneration Committee under this
Act)
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Overtime
work and holiday work
- Where the nature
or type of work necessitates continuous performance, stoppage
may damage the work, or it is an urgent, the employer may require
an employee to work overtime or work on holidays as necessary.
- An employer may
require an employee to work on holidays if his business is that
of a hotel, theatre, transport, restaurant, cafe, club, society,
medical establishment, or such other business as is prescribed
by Ministerial Regulations with consent of an employee for each
time.
- When overtime work
lasts for not less than two hours beyond normal working hours,
an employer shall let an employee have a rest period of not
less than 20 minutes before the employee starts to work overtime
(excluding work which is of a continuous nature or type and
which the employee consent to perform or is an urgent.)
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Overtime
Pay, Holiday Pay and Holiday Overtime Pay
- Where the employer
requires an employee to work overtime on a working day, the
employer shall pay overtime at the rate of not less than one
and a half times the rate of the hourly basic pay earned in
normal working hours for the hours of overtime, or not less
than one and a half times the rate for each unit of output on
a working day for employees who receive basic pay upon output.
- Where an employer
requires an employee to work overtime on a holiday, the employer
shall pay holiday overtime pay on holidays to the employee at
not less than treble basic pay rate earned per hour or per unit
of output on a normal working day.
- Where an employer
requires an employee to work on a holiday during a period of
normal working hours
 -
In respect of an employee who is entitled to receive basic pay
on holidays, an additional amount of not less than one multiple
of the hourly basic pay rate earned per hour on a normal working
day, or not less than one multiple of the rate of basic pay
per unit of output earned per unit on a normal working day for
an employee who is paid on the basis of output;
-
In respect of an employee who is not entitled to receive basic
pay for holidays, he shall be paid an amount of not less than
double the hourly basic pay rate earned per hour on a normal
working day, or not less than double the rate per unit of output
earned per unit on a normal working day for work done by an
employee who is paid on the basis of output.
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Welfare
- In a business
establishment where there are 50 or more employees, an employer
shall arrange to have a welfare committee at its business establishment
and which shall consist of at least five employee representatives.
The
welfare committee at a business establishment shall have the
following powers and duties:
- Joint discussions
with an employer in relation to the provision of welfare
to employees;
- The provision
of advice and recommendations to an employer regarding the
provision of welfare to employees;
- The inspection,
control, and overseeing of the provision of welfare which
an employer provides for employees.
- The provision
of opinions and guidelines to the Labour Welfare Committee
as to the provision of welfare for the benefit of employees.
Where a committee of employees under the law governing labour
relations already exists at a place of business of an employer,
the committee of employees shall perform the duty of the welfare
committee under this Act at the business establishment.
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Severance
Pay
- An employer
shall pay severance pay to an employee whose employment is terminated,
as follow:
- An employee
who has worked for at least 120 consecutive days, but for
less than one year shall be paid basic pay for 30 days at
the most recent rate of basic pay received by him
- An employee
who has worked continuously for at least one year but less
than three years shall be paid basic pay for 90 days at
the most recent rate of basic pay received by him.
- An employee
who has worked consecutively for three years but less than
six years shall be paid basic pay for 180 days at the most
recent rate of his basic pay.
- An employee
who has worked consecutively for at least six years but
less than 10 years shall be paid basic pay for not less
than 240 days at the most recent rate of his basic pay.
- An employee
who has worked for more than 10 years consecutively shall
be paid basic pay for not less than 300 days at the most
recent rate of his basic pay.
- Where an employer
terminates an employee because of improvement to the working
unit, production, distribution or service processes, arising
from the utilization of machinery or a change of machinery or
technology, and which is cause of the reduction in number of
employees. The employer shall follow:
- Notify a labour
inspector, and the employee to be terminated, of the date
of termination of employment, the reasons for terminating
the employment and the name(s) of the employee(s) to be
terminated at least 60 days in advance of the employment
termination date.
- Where an employer
fails to give advance notice to an employee of his termination,
or give advance notice but shorter than 60 days, the employer
shall instead of the advance notice, pay special severance
pay, equal to 60 day pay at the most recent rate of basic
pay that the employee has received, or equal to his basic
pay received for the last 60 days in the case of an employee
who receives his basic pay based upon his output.
Where
special pay is made instead of the provision of advance notice,
it shall be deemed that the employer has paid remuneration instead
of providing advance notice under the civil and commercial code.
An
employer shall pay special severance pay in addition to the
regular severance as follows:
- Where an employer
terminates an employee who has worked continuously for 6
years or more, the employer shall pay special severance
pay in an amount of not less than the basic pay received
for the most recent 15 days, for each complete year of work;
or not less than the basis pay received for the most recent
15 days for each complete year of work in the case of an
employee.
- Who receives
his basic pay based upon his output, but the total severance
pay shall not, in aggregate, exceed 360-day basic pay at
the most recent rate or not exceed the basic pay paid for
the last 360 days in the case of an employee who receives
his basic pay based upon his output.
- In calculating
special severance pay, where an employment period is less
than one year, the exceed of more than 180 days shall be
deemed as one year of employment.
- Where an employer
relocates its place of business and effects the ordinary course
of living of the employee or his family, the employer shall
follow:
-
Notify the employee of the relocation not less than 30 days
prior to the date of relocation. If an employee does not wish
to work for the employer at the new location, he has the right
to terminate his employment contract and be entitled to special
severance pay at the rate of not less than 50% of the rate of
severance pay.
-
Where an employer fails to give advance notice of relocation
of its place of business to an employee, the employer shall
also pay special severance pay in lieu of the advance notice
in an amount equal to 30 day pay at the most recent rate of
his basic pay.
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An employer
is not required to pay severance pay to an employee whose employment
has been terminated for any of the follwing reasons:
- Resignation
- Dishonest performance
of his duties or the intentional commission of a criminal
act against the employer;
- Intentionally
causing loss to the employer;
- Performance of
gross negligence which result in severe loss to the employer;
- Violation of the
employer's work rules or regulations or order which are both
lawful and equitable when the employer has already issued
the employee with a prior written warning, except in a serious
instance when the employer is not required to give a warning.
The written warning shall be effective for a period of one
year as from the date of the commission of the violation by
the employee;
- Neglect of his
duties for a period of three consecutive work days without
reasonable cause, whether or not a holiday intervenes;
- Imprisonment by
reason of a final judgement.
- An employment
contract shall be terminated when the specified period in
the employment contract expires, the works related are as
follows:
8.1 Employment on a special project, which is not in the normal
way of business or trade of the employer, where there is a
fixed schedule for commencement and completion of work.
8.2 Work of a temporary nature with a fixed schedule for its
commencement or completion.
8.3 Seasonal work in respect of which employees are only engaged
during that season; provided that the work most be completed
within a period of two years and the employer and employee
have entered into a written agreement at or prior to the commencement
of employment.
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Female
Labour
- An employer is prohibited
from requiring a female employee to perform any of the following
work:
-
Mining or construction work which must be performed underground,
underwater, in a cave, a tunnel or in a crater of a mountain,
except where the conditions of work are not hazardous to the
employee's health or body;
-
Work on scaffolding which is 10 metres or more above the ground;
-
Production or transportation of explosives or inflammable materials;
-
Such other work as is prescribed by Ministerial Regulations.
- An employer is prohibited
from causing a pregnant female employee to work between 22:00
and 06:00 hours, or to work overtime, work on holidays, or perform
any of following:
-
Work on plant or equipment that vibrates;
-
Operate or go along with a mechanically propelled vehicle;
-
Lift, carry or bear on her head or shoulders, or pull or push
loads that weigh more than 15 kilograms;
-
Work on water-going vessels;
-
Such other work as is prescribed by Ministerial Regulations.
- Where an employer
employs a female employee to work between 24:00 hours and 06:00
hours, and a labour inspector considers that the employment
may be harmful to the health and safety of the female employee,
the labour inspector is entitled to change or reduce the working
hours as deemed appropriate, and the employer shall be required
to comply with this direction.
- Where a pregnant
female employee is in possession of a certificate issued by
a first class medical practitioner, stating that she is no longer
able to perform her original duties, the employee shall be entitled
to request her employer to change her work temporarily either
before or after childbirth, and the employer shall consider
changing her duties to such as are suitable for the employee.
- An employer is prohibited
from terminating a female employee because of her pregnancy.
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Child
Labour
- No employer shall
employ a child under 15 years of age.
- Where a child under
the age of 18 years is employed, the employer shall
-
Notify the labour inspector of the employment of the child employee
within 15 days form the date when the child commences his work;
-
Notify the labour inspector of the termination of employment
of a child employee within seven days from the date when the
child ceases to be employed.
- An employer shall
arrange for a child employee to have an uninterrupted rest period
each day of not less than one hour for the first four hours
that the employee has worked and arrange other rest periods
provided by the employer.
- an employer is prohibited
from causing a child employee under the age of 18 to work between
22:00 hours and 06:00 hours, except where written permission
has been granted by the Director-General.
- An employer is prohibited
from causing a child employee aged under 18 to work overtime
or on holidays.
- An employer is prohibited
from causing a child employee aged under 18 to perform any of
the following work:
-
Smelting, blowing, casting, or rolling metal;
-
Stamping metal;
-
Work involving conditions of heat, cold, vibration, sound and
abnormal lighting which may be dangerous as prescribed by Ministerial
Regulations;
-
Work involving hazardous chemicals as prescribed by Ministerial
Regulations;
-
Work involving poisonous microorganisms which include virus,
bacteria, fungus, or other microorganisms as prescribed by Ministerial
Regulations;
-
Work involving toxic materials, explosives, or inflammable materials,
except work in fuel oil service stations as prescribed by Ministerial
Regulations;
-
Driving or controlling hoists or cranes as prescribed by Ministerial
Regulations;
-
Work involving an electrically or mechanically operated saw;
-
Work which must be performed underground, underwater, in a cavern,
tunnel, or in a crater of a mountain;
-
Work involving radioactivity , as prescribed by Ministerial
Regulations;
-
Cleaning machinery or engines while the machinery or engine
is in operation;
-
Work on scaffolding which is 10 metres above the ground;
-
Such other work as is prescribed by Ministerial Regulations.
- An employer is prohibited
from causing a child employee aged under 18 to perform work
in any of the following establishments:
-
Slaughter houses;
-
Gambling houses;
-
Dancing halls, Thai or Malaysian style dancing;
-
Establishments where food, liquor, tea, or other beverages are
served, and where the services of prostitutes, sleeping facilities,
or massage are offered;
-
Other establishments as are prescribed by Ministerial Regulations.
- An employer is prohibited
from paying remuneration of a child employee to a person other
than the employee.
- An employer is prohibited
from demanding or receiving deposit for any reason whatsoever,
from the child employee.
- Child employee aged
under 18 shall have the right to take leave to attend meetings,
seminar, training sessions, or take leave for other reasons,
which are held by educational institutes or a government or
private agency approved by the Director-General, and the employer
shall pay the basic pay to the child employee in respect of
leave of absence at his normal rate of basic pay for up to 30
days per annum.
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Work
Documents
- An employer
who employs ten or more employees shall have work rules in Thai
language.
An employer shall distribute and post the work rules in a conspicuous
position at the work place, and being seen by employees at their
convenience and submits the copy to the Director-General of
Department of Labour Protection and Welfare.
These rules shall, as a minimum, contain particulars of the
following:
- Working days,
regular working hours and rest periods;
- Holidays, and
rules for taking holidays;
- Rules concerning
overtime work and work on holidays;
- Date and place
of payment of basic pay, overtime pay, holiday pay and holiday
overtime pay;
- Leave and rules
for taking leave;
- Discipline and
punishment;
- Submission of
complaints;
- Termination
of employment, severance pay and special severance pay.
- An employer
with 10 or more employees shall keep and maintain in Thai language
a register of employees, a register of employees shall contain
the following minimum particulars:
- Name and Family
name;
- Gender;
- Nationality;
- Date of birth
or age;
- Present address;
- Date of commencement
of employment;
- Basic pay or
other remuneration which an employer agrees to pay an employee;
- Date of termination
of employment.
- An employer
having 10 or more employees shall prepare documents concerning
the payment of basic pay, overtime pay, holiday pay and
holiday overtime pay containing the following minimum particulars:
9.1 Working days and working hours;
9.2 Productivity of an employee who is paid on an output
basis;
9.3 The rate and amount of basic pay, overtime pay, holiday
pay and holiday overtime pay which each employee is entitled
to receive.
- In making payment
of basic pay, overtime pay, holiday pay and holiday overtime
pay to an employee, the employer shall require the employee
to sign those documents as evidence of payment.
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Control
- An employer who
employs ten or more employees shall have work rules in Thai
language. These rules shall, as a minimum, contain particulars
of the followings:
-
Working, regular working hours and rest periods;
-
Holidays and rules for taking holidays;
-
Rules concerning overtime work and work on holidays;
-
Date and place of payment of basic pay, overtime pay, holiday
pay and holiday overtime pay;
-
Leave and rules for taking leave;
-
Discipline and punishment;
-
Submission of complaints;
-
Termination of employment, severance pay and special severance
pay.
- An employer shall
announce the applicability of the work rules within 15 days
from the date upon which the workforce of the employer reaches
a total of 10 or more employees.
- An employer shall
distribute and post the work rules in a conspicuous position
at the work place, for the information of and being seen by
imployees at their convenience.
- An employer shall
announce the applicability of the work rules even the workforce
of the employer decreases to be less than 10 employees.
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Submission
of Complaints
- Where an employer
violates or fails to comply with those provisions that concern
entitlement to any sum of money under this Act and the employee
wishes to have a competent official proceed under this Act,
the employee has the right to submit a complaint in the form
prescribed by the Director-General to the labour inspector for
the locality in which the employee works or in which the employer
is domiciled.
The
a case concerning entitlement to any sum of money under this
Act, if the employee dies, the statutory heir has the right
to submit a complaint to the labour inspector.
- When a complaint
is submitted, the labour inspector shall investigate the facts
and issue an order within 60 days from the date when the complaint
was received.
- Where necessity
renders it impossible to issue an order within 60 days, the
labour inspector shall request an extension of time from the
Director-General or his delegate and provide reasons therefor.
The Director-General or his delegate may grant permission as
considered appropriate for a period not exceeding 30 days.
- Termination of submission
of Complants
-
The employee renounces his rights to continue submission of
complants.
-
The employer pay the money to the employer.
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Penalties
- Labour Protection
Law is the law that has criminal penalty.
- An employer who
violates or fails to comply with the provisions, shall be:
-
fined not exceeding 5,000 baht.
-
punished with a term of imprisonment not exceeding 1 year or
a fine not exceeding 200,000 baht, or both.
- Following the orders
prescribed by Criminal Case Labour Inspector
- Law violation
-
The authority designated below is of the opinion that an offender
should not be punished with a term of imprisonment or should
not be prosecuted, that authority shall have the power to determine
the matter as follows:
- The Director-General,
for an offence which arises in the Bangkok Metropolis;
- The provincial
governor, for an offence which arises in provinces other
than Bangkok.
-
When the offender pays a fine imposed within 30 days, it shall
be deemed that the case has been resolution of the case.
-
If the offender does not agree to the resolution of the case,
or has agreed to the resolution but fails to pay the fine within
the period, the presecution shall continue to proceed.
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