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 employee’s 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 boss’s 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 employee’s 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 Employee’s 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. 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