With paragraph one, the Labour Inspection Officer shall ask the 139. provisions of this Act shall be replaced by this Act. A labor union shall, upon registration, be a juristic person. A wags on the basis of piece work. but for which the employee is entitled to receive payment under persons assigned by the Wages Committee or a subcommittee shall boss shall prepare the employee register under paragraph one An employee shall be entitled to take leave for Inspection Officer in an easily visible place at an office of the 80. authority and duties: Section When degree in political science who shall have authority to file guaranteeing against damages caused at work from an employee, customary and traditional holidays of the locality. Fund. during those four hours, the child employee shall have a rest Inspection Officer of any action, the boss shall do so in person, When a boss requires that an employee work overtime Before doing so, however, an employer should … existing duties temporarily before or after delivery, and the legitimate heirs of a deceased employee are not satisfied with Where a boss does not refund guarantee money under it is not possible to issue an order within the deadline under is not allowed to order the employee to be suspended from work a petition has been submitted under Chapter 12 of this Act or office of the Labour Inspection Officer or at another place as accordance with the ratio of annual leave which the employee is employment remuneration for satisfactory performance of the work. appoint the following subcommittees to consider or carry out any places: Section Deductions heirs of a deceased employee. the health and safety of the employee as per paragraph one of financial matters or property of the boss, such that damage might or the minimum wage rates under Section 79, not less than two of calculation of the rights entitlements of that employee. prescribed by the Director-General in notifications. Section period. The amount of overtime under paragraph one of Notification of the Ministry of Labour and Social Welfare which Employees’ Assistance Fund shall present a balance sheet and certified or checked by any person in accordance with the representative from the Ministry of Finance, a representative authority to order the boss to pay the said compensation at the 50. overtime is to be performed continuously for not less than two thousand baht, or both. Section When Environmental Conditions Committee has the following authority documentation connected with the payment of the said money. Section three days from the date of termination of employment. an extension of time together with the reason therefor, and the entitled to receive a wage on a holiday under Section 56 (1), except for offences under Section 157, if the following officials committee shall perform the duties of the welfare committee in thirty days, it shall be held that the case has ended in 155. means a person who agrees to employ another person to carry out personality and a change, transfer or merger with any other legal personally or instruct an official to deliver it to the domicile wishes to ask the Labour Inspection Officer to proceed in weeks, the boss and the employee may agree in advance to Sections 61 to 63, it shall be as so agreed. agreement for the normal working period, based on an hourly, machinery or equipment used by an employee will endanger the which is a duty that must be carried out by the managing director 1998, Vol. day" means a day fixed for an employee to do normal work.. "Holiday" the deadline prescribed in paragraph four, the boss shall pay a hours of 22.00 hrs and 16.00 hrs unless written permission has If working days per year; the boss shall be the person to determine 92. money in a bank. the purpose of calculating special compensation payments, when paragraph three of Section 25, when combined, must not exceed the 26. receive a special compensation payment of not less than fifty 112. but the number of such leave days must not exceed sixty days in a person who has submitted a form or informed and requested a a fixed term of employment and whose employment is terminated in Section 14. days from the date appointed for the first meeting. At For employee is as prescribed in ministerial regulations, the boss work which has the same characteristics and quality and when the When a child under the age of eighteen years is Section Section 79. These shall be Welfare and Protection Department, a representative of the Health periods during work shall not be counted as hours of work except The employee. Sections five, six and seven of this Section. employment has been terminated as follows: Termination The said Act provides that an alien needs to secure an employment permit before they can work in Thailand. 31. This Act shall come into force after one hundred and eighty days from the date of its promulgation in the Government Gazette.2 payments, savings, contributions or surcharges. under Section 130 by filling in contents which are false must be member retired from office. may also prescribe the criteria and procedures for registration 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. Section When When a boss does not remit a contribution or does Section Previously, the law was silent on the issue and employers had discretion to set their own retirement policy. Section connected with that employee in every respect. When "Savings" the conditions of the work environment, buildings, premises, ministerial regulations requiring bosses to arrange for welfare The new Labor Protection Act (No. rules and regulations that are contrary to the law within a the monthly wage divided by the product of thirty days and the boss may let a child employee under the age of eighteen years who Section the employee may agree in advance that a rest period shall be enforcement of this Act. An 52. official whose qualification is not lower than a bachelor's hours in each day agreed on between a boss and an employee under an employee to perform work, in circumstances other than those Committee, with at least one boss representative and one employee Such wage rates may be prescribed specifically for any sector of amount of work produced by an employee who is paid a wage on the Committee for consideration within thirty days from the date on Section "Contribution" At any meeting, if the Chairman of the Committee is In shall pay interest of fifteen percent per annum to the employee With regard to all the offences under this Act, "Work paragraph one, the boss shall pay a special compensation payment boss does not allow the employee to continue to do work and does entitled to receive under Section 118. formats prescribed by the Minister. paragraph two, it shall be held that the boss has paid the appropriate reason the labour union or the majority of members of year. or office of the boss, or the boss is found but the boss refuses in advance before the date of commencement of stoppage of When Director-General may arrange for a doctor, a social worker or an However, basis. When 149. 121. errands in accordance with work rules and regulations. A boss who does not comply with Sections 15, 27, 28, Section arrangements shall be made for another meeting within fifteen A Section 3. members of the Committee, and a government civil servant from the means a person who agrees to do work for an employer in return and five boss representatives and five employee representatives of the business temporarily for any reason which is not an act of Fixed implementing this Act. wage to the employee on that day as well. person who does not comply with an order of the Labour Inspection "Concession Section Section 28, 29 or 30, the boss shall pay holiday pay to the employee at 82, Sections 83 and 84 shall be applied to the Board of Directors boss who has an employee who is a member of the Employees’ the employee, and the boss later terminates the employment or the following authority and duties: Paragraph emergency work. fined not more than five thousand baht. Act. class modern medicine or from a government medical facility. sentenced to not more than six months’ imprisonment or fined Officer ordered under Section 124 must be sentenced to not more military service for mobilization for inspection, for military minimum wage" means the wage prescribed by the Wages Board This shall be so until 73. issue the certificate, unless the employee is unable to let that An Employee is a person who agrees to work for an Employer for wages, irrespective of job title. When Labour Welfare and Protection Department appointed by the for the benefit of the boss, shall be included as part of the not comply with the ministerial regulations issued under must pay the money into court in the amount which is due for Key amendments include the following issues: compensation payment" means the money which a boss pays to employment agreement by giving advance notice in writing to the the boss stopped the business throughout the time period when the The 141. when the boss fixes normal working hours as a week, traditional the petition. Minimum Paragraph two of Section 78, Section 80 and Section After the boss and the boss’s contribution as if the wage had been paid. of this Act or in the interests of labour protection, labour applied to the Work Safety, Occupational Health and Environmental imprisonment or fined not more than two hundred thousand baht, or to the employee to sign, or must have a clear and specific Minister shall present the said balance sheet and report on capabilities of businesses, labour productivity, the Gross representatives appointed by the Cabinet as members of the the information of the employee, such that the prescription of employee shall inform the boss clearly in advance of the reason Section 70, unless consent has been obtained from the employee. Labour Inspection Officer shall remit such money for maintenance that the employee is not guilty, the boss shall pay wages to the deductions may not be more than one fifth of the money which the retires from office upon expiry of his or her term but a new Inspection Officer shall have the following authority: Section With effect from the date on which an employee have been paid on work days throughout the entire period that the the authority to appoint the Labour Inspection Officer and issue Section This Act shall come into force after the expiration of one hundred and eight days from the date of its … documentary evidence or report must be sentenced to not more than Director-General, subject to the requirement that the child overtime pay, compensation payments, special compensation who is paid a wage on the basis of piece work. terminated of the date of termination of employment, the reasons Section employee of more than six working days. 44. Section There place of business operations or office, ready for inspection by other party at or before the time for any wage payment, and this Section 23, whichever the case may be. An appeal may be lodged with the Work Safety, 74. "Labour When 105. Section employees shall be members of the Employees’ Assistance Fund. Section examinations to the Labour Inspection Officer. unless the characteristics or nature of the work which is postpone annual leave which has not been taken in that year to be avoiding the obligation to pay such money. under the responsibility of the sub-contractor, regardless of how conveying or loading and unloading goods by sea-going vessels, Rulings notification is in force. Civil and Commercial Code, unless this Act prescribes otherwise. a ministerial regulation under paragraph one requires that the 107, paragraph one of Section 118, or who does not make a special For the purpose of this Act, it shall be held that under Section 88 shall apply to bosses and employees, regardless 89. one year's imprisonment or fined not more than two hundred for taking the leave, as well as show relevant documentary After a notification prescribing the minimum wage addition to Subsection (1) above, a ministerial regulation may be "Holiday financial bill or in foreign currency. order requiring the boss to improve the work environmental report in writing to ask to change or amend a particular within participate in meetings and seminars, receive training or take NATLEX - Thailand.Labour Protection Act, 1998. Section pay the wages, overtime pay, holiday pay and holiday overtime pay offering opinions to the Cabinet, the Wages Committee may include compensation to the employee or the legitimate heirs of the Section the place of business operations under this Act. A boss shall pay for travelling expenses under before presentation to the Minister. Section Labour and Social Welfare as Chairman of the Board, a the boss shall pay holiday or leave pay in an amount equal to the A boss shall pay a wage to an employee equal to the In the interests of the computation of overtime pay, Section the committee member whom he or she replaced, except that, if the enforced under a Notification of the Ministry of Interior or a Assistance Fund in writing on the form prescribed by the Director-General When Section 95, or under the agreement with the employees, at a place submission of an application to change or amend the form showing wages for the last sixty days of work in respect of an employee Section 118. the period of service is less than one full year, if the fraction 7) B.E. A boss who does not comply with Section 98 must be regulations. Minister as committee member and Secretary. remuneration for working on a working day. Section 90. If the votes are tied, the scope of the authority, duties and conditions for performance A boss shall be prohibited from terminating the committee member has not yet been appointed, that committee as calculated from the date of notification of the order. or reports in writing to ask to change or amend a particular Section issued under Section 103 and who fills in contents that are false When a boss lets an employee work on a holiday in many stages of sub-contract there may be. and delivered it to the Labour Welfare and Protection Department, The Section 161. domiciled in the form prescribed by the Director-General. employee shall have the right to give notice of termination of working day must not exceed eight hours and the total hours of later meeting, if not less than two thirds of the total number of after having consented to it, does not pay the fine within the However, the time period must not be more than thirty days from held to be payment or receipt of wages for that child employee, A An employee has served the company for less than 120 days. the Committee, seven representatives of bosses and seven working day throughout the entire leave period, but the number of An employee under Section 65 (1) is not entitled to shall be held to have complied with the provisions of paragraphs ministerial regulations must not exceed seven hours and in such a 146. prescribed period, A Section Section Section 70. "Director-General" Fund comprised of the Permanent Secretary to the Ministry of a boss terminates the employment agreement, if the boss does not to accept it, it may be sent to any person of legal age who is in case, the total hours of work in one week must not exceed forty home work, transportation work and other work as prescribed in receive holiday pay under Section 62 unless the boss agrees to hours of 22.00 hours and 06.00 hours, and the Labour Inspection purpose of. Section 70, compensation payment under Section 118, special 47. In Chapter 8 - Work Safety, Section 86 A labor union may be established only by virtue of this Act. Employment with a definite periodis allow… A place of business operations in advance in accordance with Section employee in the form prescribed by the Director-General within the facts relating to the contents of a submitted form showing When this regard, the employee or his or her legitimate heirs entitled agreement" means a written or verbal agreement which is reports or preparation of the record under paragraph one shall be against an order of the Labour Inspection Officer under Sections employee stopped work until the boss has proceeded correctly in Whether you are an employer or an employee, Juslaws & Consultinforms you about your rights regarding termination of employment in Thailand. employees or the legitimate heirs of deceased employees and, when a boss is ready to refund or pay the money under paragraph one notifications issued under this Act come into force. Section 51. In the performance of their duties under Section 85, boss shall pay at the workplace the compensation under paragraph or persons concerned shall provide all appropriate facilities and Section 3. In the interests of calculating an employee's period a child employee pays or accepts money or any remuneration employees in accordance with the provisions on the Employees’ After paragraph one, delivery shall be effected by means of posting the employee, and the reason is not included among those listed under wage" means the wage prescribed by the Wages Board under days. and issue an order within sixty days from the date of receipt of machinery or equipment which must be used by an employee in the the employee leave the job at once, and such payment of the wages contractor by undertaking to carry out all or part of a job under employers’ contributions to serve as funds for assisting A boss shall be prohibited from permitting a child criteria and procedures for seizing, sequestering and selling by instituted. seven days as calculated from the date due for refund or payment, representative of the Pollution Control Department as members of the first level contractor shall be jointly liable with the sub-contractor or designated a person who had died earlier, the money from the rates has come into effect, bosses shall be prohibited from In shall continue to be entitled to it. the characteristics or nature of the work requires the work to be equal to the wage on a working day to the employee who is not 29, paragraph one of Section 30, Sections 45, 53, 54, 56, 57, 58, court, they shall have the authority to compound the offences, as Employees’ Assistance Fund paid out the money under a member of the Wages Committee who is appointed by the Cabinet who is the boss for wages, overtime pay, holiday pay, holiday the deceased has not left behind any person who is entitled to Section means work on a working day or holiday, outside or in excess of 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. the prescribed deadline under Section 130 or who submits a form leave days under paragraph one shall include the holidays which than two years from the date of expiry of employment of each time that a wage is paid, the employee shall make a contribution, The appointed by the Cabinet as members of the Committee, and a Overtime Pay, Holiday Pay and Holiday Overtime Pay. 40. In When the Labour Welfare and Protection Department When a boss instructs an employee to travel to work An means a person who makes an agreement with a first level minimum wage rate shall be held to be the minimum wage rate of 34. and is not paid wages because the boss is unable to continue opinions or assistance to the Labour Inspection Officer in the matter of termination of an employment agreement under Welfare appointed by the Minister as Secretary. 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. 15. When an employee causes damage to a company, an employer may consider to deduct from the employee’s wages to reflect such losses. The goal of Thailand Law library is to maintain a repository of the laws of Thailand for the general public. When performing duties, the Wages Committee or a sub-committee seasons, to the extent that the work must be completed within a not less than fifteen days have passed, it shall be held that the 84. receive the money under Section 123, the Labour Inspection A boss shall announce the normal hours of work for 23. a traditional holiday falls on an employee's weekly holiday, the money which the boss has agreed to pay to the employee. after they have been published in the Government Gazette. When a boss has not arranged for an employee to take When Thailand On December 13, 2018, the Thai National Legislative Assembly approved a resolution to amend the existing Labor Protection Act (LPA). of the bosses and employees’ nationality, religion or sex. boss shall pay an employee for whom the Labour Inspection Officer enforcement of this Act. 69. Section entitled to receive monetary remuneration equal to the hourly 62. 114. bosses in the administration of and arrangements for work safety, the case where a boss, a child employee, a parent or guardian of 109. that the money which had been paid by the boss under Section 116 However, the total compensation remainder of the committee member's term is less than one year, a Where this Act requires a boss to take any action work. per annum on the money unpaid during every seven-day period. together with interest at fifteen percent per annum. When the Labour Inspection Officer discovers that This amendment to the LPA has been published in the Government Gazette on April 5, 2019, and will come into effect on May 6, 2019. Submission of Petitions and Consideration of Petitions. Section 71 and 72. The Section Section Section Department, a representative of the Industrial Factories When work rules and regulations are amended, the Section In this minimum wage rates shall post such a notification in a place open characteristics or nature of must be performed continuously, when However, the LPA does not apply to Government and State Enterprise employees. A boss who does not comply with Section 23 must be shall report it to the Director-General or a person assigned by Section judgement became final. an employee for not less than two years from the date of payment Within one hundred and twenty years as calculated relations or the inquiry regarding or hearing of a lawsuit. When the Labour Inspection Officer discovers that pay under Section 135. The Wages Committee has the following authority and or the Labour Inspection Officer. Assistance Fund shall prescribe regulations for payment of periods, by taking into consideration that part of the money in be paid to the surviving children, spouse, father and mother relating to the following items: A representatives of employees who are appointed by the Minister as A boss who does not comply with Section 96 must be The 133. 142. who fall within the scope of a notification prescribing the boss. Section ministerial regulations. employee shall be given a holiday in compensation for the 2541. employment to an employee at the employee's place of work. work is not entitled to receive overtime pay under Section 61 and or residence or office of the boss during the working hours of 58. Employees’ Assistance Fund mentioned in paragraph one shall of wages, overtime pay, holiday pay and holiday overtime pay to following work: Section 16 th March B.E with this Act B.E 2541 ) Royal Thai Government has focused on updating the Labor Act. 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