General Information on the THAI LABOUR LAWS

General Information on the THAI LABOUR LAWS

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.

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.


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, forestry 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 accumulated 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 Labor Inspectors within 7 days since the day of notification.

Traditional Holidays

  • Not less than 13 days including National Labor 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 together with that of the following year.


Leave

Sick Leave

  • An employee is entitled to sick leave and gets 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, including 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.

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.

Military Service Leave

  • An employee is entitled to take leave for military service when the government 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.


Pay and Welfare

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, monthly, 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)

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.)

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.

 

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 Labor Welfare Committee as to the provision of welfare for the benefit of employees.
  • Where a committee of employees under the law governing labor 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.

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 labor 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.

An employer is not required to pay severance pay to an employee whose employment has been terminated for any of the following 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 judgment.
  • An employment contract shall be terminated when the specified period in the employment contract expires, the works related are as follows:
    • 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.
    • Work of a temporary nature with a fixed schedule for its commencement or completion.
    • 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

Employment laws for companies

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 Labor 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:
    • Working days and working hours;
    • Productivity of an employee who is paid on an output basis;
    • 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.

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 employees 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.

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 labor inspector for the locality in which the employee works or in which the employer is domiciled.
    The 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 labor inspector.
  • When a complaint is submitted, the labor 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 labor inspector shall request an extension of time from the Director-General or his delegate and provide reasons therefore. The Director-General or his delegate may grant permission as considered appropriate for a period not exceeding 30 days.
  • Termination of submission of Complaints
    • The employee renounces his rights to continue submission of complaints.
    • The employer pays the money to the employer.

Penalties

  • Labor 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 Labor 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 prosecution shall continue to proceed.


Female and Child Employment laws

Female Labor

  • 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 meters 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 labor inspector considers that the employment may be harmful to the health and safety of the female employee, the labor 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.

Child Labor

  • 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 labor inspector of the employment of the child employee within 15 days form the date when the child commences his work;
    • Notify the labor 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 meters above the ground;
  • Such other work as is prescribed by Ministerial Regulations.
  • 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 causing a child employee aged under 18 to perform work in any of the following establishments:
  • 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.

 






 
 
Copyright © 2014 www.chiangmai-legalbusiness.com All rights reserved.
6/1 Soi 5 Nimanhemin Road, Tambol Suthep, Amphur MuangChiangMai, ChiangMai 50300
Tel./Fax 0-5200-3770 Email : legalandbusiness1@gmail.com www.chiangmai-legalbusiness.com