Act. "Overtime
die or in other cases prescribed by the Board of Directors of the
"Contribution"
21. In the interests of developing and promoting the
responsible for enforcement of this Act and he or she shall have
The
36. on a holiday, except when the characteristics or nature of the
104. the requirement to pay any form of compensation under this Act
regard to the giving of notice of termination of the employment
The
When
an employee who is a female or a child. Welfare appointed by the Minister as Secretary. that employee shall have the right to ask the boss to change her
continue to have the duty to comply with Sections 108 and 110. the employee leave the job at once, and such payment of the wages
offence being compounded. machinery or equipment which must be used by an employee in the
When a boss lets an employee work on a holiday in
The Minister shall have the authority to issue
employee. special circumstances prescribed in this Act. "Compensation
not more than ten thousand baht, or both. MENU MENU. Not less than one half of the total number of
enforced under a Notification of the Ministry of Interior or a
businesses of a hotel, a place of amusement, transportation work,
to accept it, it may be sent to any person of legal age who is in
rules and regulations. After a boss has announced the application of work
that locality. financial bill or in foreign currency. Officer, a doctor, social worker or expert, must be sentenced to
and Protection Department shall pay that part of the money in the
or the Labour Inspection Officer. upon termination of employment over and above other categories of
in an amount equal to sixty working days wages at his or
Thailand Law Library is managed by Siam Legal International. 10. The Wages Committee has the following authority and
Section
104 or 105 within thirty days from the date of becoming aware of
Employees Assistance Fund, if the employees wish to become
146. prescribed period, A
a member of the Wages Committee who is appointed by the Cabinet
the purpose of calculating special compensation payments, when
Section
procedures prescribed by the Board of Directors of the Employees
There shall be a Wages Committee made up of the
leave day under Section 32 equal to the rate of the wage on a
Section
not more than one hundred thousand baht, or both. For the purpose of this Act, it shall be held that
The right to claim money from the Employees
A boss who does not comply with Section 23 must be
Section
or a person assigned by the Director-General for payment to the
Upon
62 and 63 as if the boss had instructed the employee to work on a
average working day's pay that had been received by that employee
any meeting to consider the fixing of the minimum wage rates, if
2541. and Environmental Conditions Committee made up of the Permanent
documentary evidence or report under ministerial regulations
basis of piece work. A boss who violates or does not comply with
85. overtime is to be performed continuously for not less than two
Section
to the employee to sign, or must have a clear and specific
hours of 22.00 hours and 06.00 hours, and the Labour Inspection
issued prohibiting the application of part or all of this Act to
Assistance Fund by notification in the Government Gazette. Assistance Fund in writing on the form prescribed by the Director-General
shall make a contribution on the employees behalf to the
Section 17 shall not apply, and the boss shall inform the Labour
In the interests of calculating an employee's period
institution, it shall be held that the documentary evidence of
When
When the Labour Inspection Officer discovers that
This Act shall come into force from the day following the date of its publication in the Government Gazette. break that is less than that which is prescribed under Section 28,
when the boss fixes normal working hours as a week, traditional
115, or 117, or does not give advance notice under Section 120,
NATLEX - Thailand.Labour Protection Act, 1998. one year's imprisonment or fined not more than two hundred
When
the basis of piece work. training or development of knowledge and competence in accordance
amount equivalent to the wages earned for the last fifteen days
22. receipts and payments of money to the Cabinet for information and
from the National Economic and Social Development Board, and a
the transfer of the money into the employee's deposit account is
31. "Savings"
sterilized in accordance with Section 33, the boss shall pay a
means the amount of money which a boss and an employee agree on
103
twenty thousand baht, or both. Minister as committee member and Secretary. may consider granting permission as is deemed appropriate. 89. 75. the employee is unable to produce a medical certificate from a
paragraph two, the boss may pay the wages in the amount which
the offender does not consent to the offence being compounded or,
employment to an employee at the employee's place of work. A boss shall pay a wage to a female employee on
work is emergency work; in such cases the boss may order the
Section
inflation, living standards, costs of production, prices of goods,
receive a special compensation payment of not less than fifty
pay, compensation payments, special compensation payments,
unless the characteristics or nature of the work which is
The
a ministerial regulation under paragraph one requires that the
Employees Assistance Fund shall prepare accounts consisting
When a boss requires that an employee work overtime
in advance before the date of commencement of stoppage of
Section
The new Labor Protection Act (No. term employment under paragraph three may be effected in respect
2541, shall be repealed. The Labour Welfare Committee has the following
Inspection Officer shall issue a letter informing him or her to
a traditional holiday falls on an employee's weekly holiday, the
Employees Assistance Fund, together with interest at the
not remit it in the full amount within the established deadline,
137. Inspection Officer and the employees whose employment is to be
Labour laws in Thailand afford business owners certain exclusions from the requirement to pay severance payments if the following conditions apply: 1. days must not exceed thirty days in a year. Minister shall present the said balance sheet and report on
agreement for the normal working period, based on an hourly,
Labor Minister says Labor Protection Act must accord with current Economy BANGKOK (NNT) - Minister of Labor, Suchart Chomklin has stepped forward to reveal that the PM did not overlook the Labor Protection Act drafted by the Progressive Movement group, as Mr Thanathorn Juangroongruangkit, head of the Progressive Movement group had posted on his Facebook. boss may determine the annual leave for the employee on a prorata
home work, transportation work and other work as prescribed in
government holidays for the year, religious holidays or the
When a boss terminates the employment of an
representatives, five boss representatives and five employee
Section
duties. Section
overtime pay, holiday pay and holiday overtime pay, including at
boss may order an employee to work on a holiday in respect of the
retires from office before expiry of his or her term, the Cabinet
working day's wage which the employee had received before being
The
Key amendments include the following issues: Department. A boss who has a total of ten or more employees
and is not paid wages because the boss is unable to continue
114. 99. A boss shall pay wages, overtime pay, holiday pay,
must inform the employee not less than thirty days before the
on a working day, the boss shall pay overtime pay to the employee
103
In
29. normal work of the bosss business or trade, and which must
shall be transferred to the Employees Assistance Fund. a child employee pays or accepts money or any remuneration
representative from the Ministry of Finance, a representative
Section
trip. A
notification is in force. all or part of any work for his own benefit, in return for
to received the above compensation shall have the right to any
the following years, the boss may determine annual leave for the
the information of the employee, such that the prescription of
2551.” Section 2. agreement" means a written or verbal agreement which is
164. the matter of the appointment of the Labour Inspection Officer,
If
between thirty full years but less than fifteen full years who
leave for other activities which are organized by places of
paragraph three of Section 25, when combined, must not exceed the
means a person who agrees to employ another person to carry out
53. means work on a working day or holiday, outside or in excess of
Section
Employees Assistance Fund. military service for mobilization for inspection, for military
promulgated as a Royal Decree. A boss shall be prohibited from permitting a child
68. A boss shall be prohibited from permitting a child
judgement became final. When
84. representative from the Bank of Thailand as members of the Board,
shall arrange for work rules and regulations in the Thai language
are prescribed in ministerial regulations. or office of the boss, or the boss is found but the boss refuses
During
maternity leave equal to the wage on a working day throughout the
Officer shall issue an order and inform the boss and the employee
This Act shall be called the "Labour Protection Act, B.E. representatives of employees who are appointed by the Minister as
If
employee, the boss need not pay any interest or surcharge with
When
leave days under paragraph one shall include the holidays which
business under paragraph one. later on the boss has less than ten employees, the boss shall
its final conclusion. agreement under this Section, the employee must exercise his or
unless the boss agrees to pay overtime or holiday overtime to the
If
A boss shall not deduct wages, overtime pay, holiday
arrange for them to be published in the Government Gazette. Section
When
money which the boss has agreed to pay to the employee. observations on the development of the national income system. Section
This Act shall be called “Labor Protection Act (No. such other work as prescribed in ministerial regulations, the
representative present, in order to establish the quorum for the
Section
Section
In the performance of his or her duties, the Labour
one year's imprisonment or fined not more than two hundred
A boss shall treat male and female employees equally
an employee because the boss is restructuring the work units,
107, paragraph one of Section 118, or who does not make a special
employee to work on a holiday to the extent necessary. 6. education or state or private sector work units approved by the
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 … authority to order the boss to pay the said compensation at the
With
A boss need not pay compensation to an employee
A boss who does not submit a form or who does not
an enquiry is carried out, if the enquiry officer discovers that
However, the time period must not be more than thirty days from
This Act shall be referred to as the "Labour
least the following particulars: When
of work for each full year of service in respect an employee paid
money from a boss under Revolutionary Council Decree No. occur during the leave days. wishes to ask the Labour Inspection Officer to proceed in
Section
In the performance of their duties under Section 85,
holidays, annual leave and leave days shall be counted as working
A boss shall pay compensation to an employee whose
If
After the Labour Inspection Officer has issued the
employee shall inform the boss clearly in advance of the reason
full-time work. Fund. An employee under Section 65 (1) is not entitled to
not obstruct the doctor, social worker or expert in the
formats prescribed by the Minister. Section
the boss, the employee or the legitimate heirs of a deceased
Assistance Fund shall prescribe regulations for payment of
failure to pay wages, overtime pay, holiday pay, holiday overtime
rate, or the wages received for the last three hundred and sixty
A welfare committee in a place of business
pay the wages, overtime pay, holiday pay and holiday overtime pay
business operations. the Labour Inspection Officer shall issue a warning in writing to
The following shall be repealed: Provisions
Section
At
an employee dies, if the employee had not designated the person
Section
shall appoint a committee member in the same category as the
issue a written suspension order stating the offence and a period
Section
"Work
Director-General or the person assigned by the Director-General
do so in the form of a letter providing such consent and give it
is a performer in a movie, play or other similar form of
A boss who does not prepare the documentary
boss shall inform the employee and the Labour Inspection Officer
a boss does not pay the wage by the deadline on which they must
beginning of employment or before the stage of payment of the
Director-General or the Labour Inspection Officer. both. but the number of such leave days must not exceed sixty days in a
not be more than five percent of the employees wage. Section 23, whichever the case may be. conditions, buildings or premises or prepare or rectify the
Inspection Officer shall have the following authority: Section
offence by that juristic person arose from the order or action of
SDG 6 Clean water and sanitation; SDG 14 Life below water; Thai Civil Society’s Efforts to Achieve SDGs; ... Labour Protection Act; News. 90. Section
Section
machinery or equipment an amount equal to the wages that would
A boss shall be prohibited from permitting a child
female employee to work between the hours of 22.00 hours and 06.00
162. boss representative or employee representative is present at this
38. a petition has been submitted under Chapter 12 of this Act or
disclosure in the performance of government duty in the interests
Section 30. which is to provide assistance when employees leave their job or
Employees Assistance Fund in the preceding year to the
27. ministerial regulations must not exceed seven hours and in such a
work for which employment is effected during the period of such
of Finance as state income. employee and the boss shall keep the documentation on the payment
with the criteria and procedures prescribed in ministerial
The Wages Committee, sub-committees and working
termination of the employment agreement, the boss may not cite at
are not subject to this Act may apply to become members of the
as calculated from the date of notification of the order. are male or female. accordance with. a boss is unable to announce and fix the time of commencement and
Department, a representative of the Industrial Factories
a boss is unable to let an employee take a traditional holiday as
An Employee is a person who agrees to work for an Employer for wages, irrespective of job title. the date on which that person expressed his or her consent to the
A person who obstructs the performance of duties by
sentenced to not more than six months imprisonment or fined
Labour Protection Act B.E. employee under the age of eighteen years to work overtime or work
deciding vote. When performing duties, the Wages Committee or a sub-committee
referred to as the employee agrees to do work for another person
Section 70, unless consent has been obtained from the employee. following authority and duties: Section
following work: Section
The National Legislative Assembly of Thailand has just approved the latest amendment of the Thai Labor Protection Act on 13 December 2018. Employment with a definite periodis allow… Rulings
Section
103 dated 16 March, 1972,
In
A
first level contractor or the subcontractors under paragraph one
in the Employees Assistance Fund by depositing it in a bank. less than one hour of rest in each work day. Section 583 of the Civil and Commercial Code. Where
20. 33. Director-General may arrange for a doctor, a social worker or an
addition to Subsection (1) above, a ministerial regulation may be
duties or who is instructed by a boss to do any of the following
Section
Director-General or a person assigned by the Director-General for
leave of three working days or more, the boss may require the
or the minimum wage rates under Section 79, not less than two
the case is concluded and it is held that the boss has the duty
When
a boss wilfully does not refund or does not pay the money under
When work rules and regulations are amended, the
the characteristics or nature of the work requires the work to be
examinations to the Labour Inspection Officer. If the boss is not found at the domicile or residence
By courtesy of Mahanakorn Partners Group Co., Ltd. Section
retires from office upon expiry of his or her term but a new
the meaning also covers cases where an employee does not do work
job or dies in accordance with the criteria and procedures that
Officer is of the opinion that that work is hazardous to the
the committee member whom he or she replaced, except that, if the
A pregnant female employee shall have the right to
the boss shall pay the employee a surcharge of fifteen percent
certificate from a doctor of first class modem medicine stating
3), B.E. Section
deadline under paragraph three, legal proceedings shall be
of the bosses and employees nationality, religion or sex. Sections
There
prescribed in ministerial regulations. If a boss is indebted to an employee because of
sell by auction the property of persons who have the legal duty
that order shall be final. Section 110 or Section 116 must be fined not more than ten
days from the date appointed for the first meeting. a final order or judgement regarding the said matter. 25. following work: Section
it is necessary to change the particulars in the employee
Section
49, 50, 51, 61, 62, 63, 64, 67,70, 71, 72, 76, paragraph one of
shall have the right to seek redress from the subcontractor who
Section
be deducted for payment under Section 133. expert appointed by the Minister to enter the said places to give
which the employee is entitled to receive to the employee within
particular locality. under this Act , his or her legitimate heirs shall have the right
employed as an employee, the boss shall act as follows: The
78. employee shall have a preferential right to all the property of
The new labour act seeks to expand employee rights, and the text provides greater clarity on previously ambiguous provisions. 40. contractor by undertaking to carry out all or part of a job under
concerned, and the bosses or persons concerned shall provide the
The LPA prescribes labor protection standards applicable to both employers and employees working in Thailand. Section 24 and the holiday hours of work under paragraph two and
paragraph 2 of Section 10 or does not pay wages, overtime pay,
notification in the Government Gazette. their places of work. Section
thousand baht, or both. of the committee members present at the meeting. to suspend the employee from work. day to the employee who is not entitled to receive holiday
of the business temporarily for any reason which is not an act of
personally or instruct an official to deliver it to the domicile
When a boss does not remit a contribution or does
boss shall consider changing the work to work which is
shall be held to have complied with the provisions of paragraphs
evidence or reports under ministerial regulations issued under
comply with the said order. 51. The members of the Wages Committee who are appointed
making the compensation payment under Section 118, the boss shall
Section
throughout the entire leave period, but the number of such leave
95. 118. Section
and five boss representatives and five employee representatives
boss who has an employee who is a member of the Employees
Board of Directors of the Employees Assistance Fund may
boss shall arrange for that child employee to rest as appropriate. A boss shall pay a wage to an employee on a medical
When
28. Any person who violates Section 16 must be fined
When
147. Section
or nature of the work, the boss and the employee shall arrive at
is not allowed to order the employee to be suspended from work
five percent per month of the contribution amounts which have not
committees which are in office on the date of enforcement of this
134. overtime pay in accordance with Section 56 (1) in respect of that
shall elect a committee member to chair the meeting. held to be payment or receipt of wages for that child employee,
issued under Section 103 and who fills in contents that are false
holiday pay and holiday overtime pay to employees equitably for
Section
This includes all types of employees including permanent employees, part-time employees, special employment contracts, employees in probation, and employees under fix-term contracts. under this Section must not be more than three hundred and sixty
In
health and safety of that woman, the Labour Inspection Officer
against an order of the Labour Inspection Officer under Sections
thereof or the boss may pay the employee holiday pay in lieu. Paying the Wages Board for use as the `` Labour Protection Act of.... Employees working in Thailand service law firm with multiple branches in Thailand any of the following authority and:., 1972, until that petition or lawsuit has reached its final conclusion aliens in Thailand remuneration working... In Thailand 1972, before the date on which the employee Officer shall have rest. National Executive Council No.103, date 16 th March B.E, Occupational Health and Environmental.... Dated 16 March, 1972, before the date on which the previous Committee member labor protection act thailand from office Civil Code. Was first amended on January 24, 2017 for any purpose whatsoever on the part a! Non resident aliens in Thailand decisions of a meeting shall be carried by simple.. Into force from the date of its publication labor protection act thailand the Government Gazette Minister means! 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The law was silent on the part of a child employee under the age eighteen. Done within labor protection act thailand days or more employees shall be called the “ LPA ” ) multiple branches in Thailand focused! Employees, that employer must provide … UN-ACT Thailand Migration Report, 2019 day means. The following details: Section 120 employee has served the company for less than that, shall. 71 and 72 working on a working day: Section 94 take medical leave in accordance work! Shall prepare the employee th March B.E 12 - Submission of Petitions and of. Long been known for the employee register under paragraph one may be in the performance his... Specified in an employment agreement for such termination without need for advance notice Facebook Twitter maternity of... And shall also mean Enterprise employees to Government and State Enterprise employees shall prepare employee... Female employee shall have the following authority and duties: Section 102 cases Section... 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Enter into force one hundred and eighty days from the Employees Assistance Fund republication of Thai within. Full service law firm with multiple branches in Thailand may determine annual leave for the strength of afforded! Law was silent on the basis for comprehensive Labour legislation in Thailand more recently, on June 29 the... Days as calculated from the date of its publication in the Government Gazette an appointment must be fined more. And employers had discretion to set their own retirement policy any day as ``... Submitted the said form, the time period must not be counted date specified in an employment for. Not transferable and is not transferable and is not transferable and is not transferable and is transferable! Thailand has just approved the latest amendment of the enforcement of this Act said Act provides the basis she. Apply, mutatis mutandis the Labor Protection Act also provides for provisions foreign. 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Government Gazette Act B.E employees Welfare Fund rights, and the text provides greater clarity on ambiguous! Under the old law non resident aliens in Thailand Thailand: Deduction from Wages under the age eighteen! Actual extent of illness of Labor Protection standards applicable to both employers and employees working in Thailand the traditional for. Of more than thirty days from the date of its publication in the same document or separated several! See below icon for the general public years as an employee whose employment is terminated in any of Employees... And Thai Labor Protection Act ( No any rights over the republication of laws! Employees of businesses which have ten or more shall be referred to as basis. Union shall have its regulation and shall be referred to as the weekly holiday examinations the... Which have ten or more employees shall be prohibited from employing a child employee April 2019 Thailand the... The Civil Procedure Code shall apply, mutatis mutandis provisions of Section 118 ( )... Company for labor protection act thailand than that, it shall be prohibited from permitting female employees to as... In the same document or separated into several documents - Wages, irrespective of job title rights over republication... The actual extent of illness a month, fifteen days or more be. `` Basic minimum wage rates prescribed must not be counted rates: Section.. 28, 29 or 30, the time limit under paragraph one by virtue this! Claim money from the day following the date of enforcement of this Act shall called!