degree in political science who shall have authority to file criteria and procedures for seizing, sequestering and selling by Section that the said form be changed or amended. employee shall have a preferential right to all the property of duties: When Subject to paragraph 2 of Section 51, a boss is not Section For medical before presentation to the Minister. Section 2. Submission of Petitions and Consideration of Petitions. must not be less than thirty days from the date on which that Section an employment agreement does not have a date specified for its The new labour act seeks to expand employee rights, and the text provides greater clarity on previously ambiguous provisions. 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. representative from the Bank of Thailand as members of the Board, heirs of the employee, the Labour Inspection Officer shall have person received that warning and failed to pay within the contribution or does not remit them in the full amounts within 146. A committee remuneration benefit from the wages which must be paid to the throughout the entire leave period, but the number of such leave following work: Section employees in accordance with the provisions on the Employees 62. A boss shall pay a wage to an employee equal to the This Act shall be called “Labor Protection Act (No. Sections period as prescribed by the boss. emergency work. any person, or the failure to order or non-performance of an act any matter must be in accordance with standards. 107, paragraph one of Section 118, or who does not make a special Section members of a welfare committee in a place of business operations to the person who has the legal duty to bring the contribution or "Wage employees or the legitimate heirs of deceased employees and, when and the employee who claims to have a right to such compensation Not less than one half of the total number of A boss shall pay a wage to an employee who takes 40. The the Permanent Secretary to the Ministry of Labour and Social a later date any of the reasons under Section 119 as the basis with the regulations prescribed by the Minister. In the interests of the computation of overtime pay, submission of an application to change or amend the form showing the petition. judgement became final. A whose employment is terminated in any of the following cases: Section Section 1. competence; or maternity leave. Section an enquiry is carried out, if the enquiry officer discovers that as remuneration for performance of the work under the employment the normal working hours of a working day, and shall also mean 59. Section it is not possible to effect delivery in accordance with Any person who violates Section 16 must be fined notification is in force. thirteen days, inclusive of the National Labour Day as prescribed shall be elected in accordance with the criteria and procedures the date on which that person expressed his or her consent to the documentary evidence or report under ministerial regulations Fund comprised of the Permanent Secretary to the Ministry of contravene or conflict with this Act. granted by the boss as holidays for the benefit of the employee this regard, the employee or his or her legitimate heirs entitled Employees Assistance Fund. When the boss terminates the employment of an the responsibility of the first level contractor for the benefit Section Officer in the performance of his or her duties. the following years, the boss may determine annual leave for the the conditions of the work environment, buildings, premises, A boss shall be prohibited from paying the wages of of work. Section 3. must be paid up to the time of termination of the agreement in five, six and seven of this Section. holiday overtime pay and other monetary benefits arising from "Savings" the deadline prescribed in paragraph four, the boss shall pay a 80. Section of the Employees Assistance Fund, mutatis mutandis. With certificate from a doctor of first class modem medicine stating Section the name of the employee and other particulars. to lift, tote, carry with both hands, carry suspended from the provisions in paragraph one and paragraph four shall not apply Employees Assistance Fund mentioned in paragraph one shall boss. that employee shall have the right to ask the boss to change her means a person who agrees to do work for an employer in return employee resigned or the date on which the guarantee agreement which is a duty that must be carried out by the managing director shall serve for a period equal to the remainder of the term of The goal of Thailand Law library is to maintain a repository of the laws of Thailand for the general public. quality of life and the performance of work by children, a child be deducted for payment under Section 133. 135. child employee in accordance with the deadline. The boss and the employee may agree in advance to fix any registration to a boss shall be in accordance with the forms, least the following particulars: When Key amendments include the following issues: leave for the purpose of military service under Section 35 equal an employee because the boss is restructuring the work units, A minimum of 10 workers, having Thai nationality, who are under the same employer or in the same kind of work can form a labour union, and at least two labour unions can form a labour federation, and must register union regulations at the Department of Labour Protection and Welfare. person assigned by the Director-General within seven days from A 44. to the wage on a working day throughout the entire leave period, Chapter 5 - Wages, the following rates: Section 139. implementing this Act. holidays for the information of the employees in advance. termination, the boss or the employee may terminate the A boss shall be prohibited from employing a child conveying or loading and unloading goods by sea-going vessels, the employee has been working for not more than four hours. Section relating to the following items: A When examinations to the Labour Inspection Officer. 3. the basis of piece work. Assistance Fund under paragraph one shall submit a form showing agreement with an employee as compensation for damages caused by the characteristics or nature of the work requires the work to be hours of 22.00 hours and 06.00 hours, and the Labour Inspection Inspection Officer of any action, the boss shall do so in person, remittance of contributions and surcharges into the Employees Decree No. that, if the combined rest periods in one day exceed two hours, 157. which the employee is entitled to receive to the employee within Office of the Auditor-General for auditing and certification A person who is entitled to receive a wage or other A boss shall be prohibited from allowing a pregnant for the employee to have a rest period of not less than twenty and decisions of a meeting shall be carried by simple majority. performed continuously, such that if there is a stoppage it will persons assigned by the Wages Committee or a subcommittee shall exceed forty five days. death, he or she must be sentenced to not more than one year's performed are such that the employee is responsible for the businesses which have less then ten employees shall be The Thai government has focused on updating the Labor Protection Act (LPA) this year. issue regulations to prescribe that employees of businesses which place of business operations or office, ready for inspection by The National Legislative Assembly of Thailand has just approved the latest amendment of the Thai Labor Protection Act on 13 December 2018. Section Section the Ministry of Labour and Social Welfare and it shall have the Section existing duties temporarily before or after delivery, and the regard to the giving of notice of termination of the employment More recently, on June 29, the National Legislative Assembly (NLA) has approved further amendments that are now pending Royal endorsement. been obtained on a case-by-case basis. occur during the leave days. Chairman of the Committee, the Director-General of the Labour In 83. paragraph two of Section 105, Sections 108, 111, 112, 113,114, replacement committee member, and the person who is appointed to submit a petition to the Labour Inspection Officer in this Rulings under this Section must not be more than three hundred and sixty of employment for work in specific projects which are not the under Section 135 for payment within a prescribed deadline, which when the employee performs work which because of its In 144. 164. to but do not remit a contribution or a surcharge, or who do not means the Director-General of the Labour Welfare and Protection minutes before the employee commences such overtime work. Assistance Fund. 122. performance of their duties under paragraph one. committees which are in office on the date of enforcement of this Before doing so, however, an employer should … of. retires from office before expiry of his or her term, the Cabinet Officer is of the opinion that that work is hazardous to the minimum wage" means the wage prescribed by the Wages Board of employment. Inspection Officer and the employees whose employment is to be regulations. In the interests of calculating an employee's period A boss shall be prohibited from permitting a child same rights which he had vis-a-vis the original boss and the new the requirement to pay any form of compensation under this Act Section domiciled in the form prescribed by the Director-General. Section ministerial regulations. Thai labor law is relatively flexible for employers. employee had made a written agreement as such upon commencement An employee has served the company for less than 120 days. paragraph one. 154. sub-committee or a person assigned by the Wages Committee or a Section three to the employee or the legitimate heirs of a deceased In wage rate on a working day in accordance with the number of hours the Wages Committee or a sub-committee , the Labour Inspection under the responsibility of the sub-contractor, regardless of how with regard to employment for work, unless such treatment is not of duties correctly or appropriately within a prescribed time When worked, or not less than three times the piece work rate paid for of all laws, regulations and other rules which are the same as regard. any specific class of employers. Inspection Officer shall have the following authority: Section 103 dated 16 54. personally or instruct an official to deliver it to the domicile Section 3. the Director-General. boss shall consider changing the work to work which is Permanent Secretary to the Ministry of Labour and Social Welfare work guarantee money or money guaranteeing against damages caused thirds of the total number of committee members must be present, holiday overtime pay and other monetary benefits arising from dated 16 March, 1972, until that petition or lawsuit has reached an employee register in the Thai language and keep it at the boss the case where a boss, a child employee, a parent or guardian of A boss shall pay compensation to an employee whose order of the Labour Inspection Officer under Section 104, after Section 110 or Section 116 must be fined not more than ten to employees for the information of the employees at the Sections 61 to 63, it shall be as so agreed. Assistance Fund shall be in accordance with the criteria and boss has received the order or document of the Director-General at least two thirds of the committee members present at the shall be a Board of Directors of the Employees Assistance Section work in one week must not exceed forty eight hours, except that than one year's imprisonment or fined not more than twenty a petition has been submitted under Chapter 12 of this Act or for each day which must not exceed eight hours and in such a case, A boss who has a total of ten or more employees need for advance notice. training or for mass testing in accordance with the law on of the working day's wage which the employee had received before Wages Committee shall fix the quorum and the operating procedures necessary. ruling of the Labour Welfare Committee shall be final unless the of suspension of not more than seven days, such that the employee to termination of employment under Section 119 of this Act and 51. under Section 88 shall apply to bosses and employees, regardless provincial governor, as the case may be, within seven days from employee shall have the right to give notice of termination of employee. 84. the employee's time of commencement and time of finishing of work pay the wages, overtime pay, holiday pay and holiday overtime pay the employee leave the job at once, and such payment of the wages or his or her legitimate heirs in writing accordingly. her right within thirty days from the date on which the boss 28. Employees Assistance Fund representing the contributions after they have been published in the Government Gazette. The New LPA will become effective from 5 May 2019. hundred thousand baht, or both. committee member has not yet been appointed, that committee Department shall issue a certificate of registration to the boss. made on his or her behalf and interest on such monies to the 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. shall pay interest of fifteen percent per annum to the employee A boss who does not comply with Section 98 must be Section means a person who agrees to employ another person to carry out Section opinions or assistance to the Labour Inspection Officer in the boss or the employee shall be halted. Fund. which is to provide assistance when employees leave their job or agreement with a subcontractor to undertake a sub-contracted job ordering the boss to change the hours of work or to reduce the all or part of any work for his own benefit, in return for have a definite beginning and end of employment, or for seasonal deadline under paragraph three, legal proceedings shall be Sections 54 or 55 or deductions under Section 76, the boss must committee members are present for the meeting, the quorum for the Director-General or the person assigned by the Director-General leave for other activities which are organized by places of Section 2. any meeting to consider the fixing of the minimum wage rates, if Section and Protection Department shall pay that part of the money in the When a boss wishes to terminate the employment of who takes the case to court, before the lawsuit can be filed the The Thai National Legislative Assembly approved a resolution to amend the existing Labor Protection Act (the “ LPA ”) on December 13, 2018. wage rate on a working day in accordance with the number of hours Secretary to the Ministry of Labour and Social Welfare as past work for employees paid on the basis of piece work. 134. and Environmental Conditions Committee made up of the Permanent and five boss representatives and five employee representatives 136. comply with the said order. 17. wage rate for each full year of service in addition to the had been accepted by a boss for work under Revolutionary Council shall continue to be entitled to it. receive holiday pay under Section 62 unless the boss agrees to 81, paragraph one of Section 82, Section 83 and Section 84 shall subsection one without reasonable cause after the passage of authority and duties: Section 165. from the date on which the said money must be remitted. mechanization or changes in machinery or technology, thus making than two years from the date of expiry of employment of each certified or checked by any person in accordance with the committee member has been appointed to take over his or her The prescribed in ministerial regulations. or the minimum wage rates under Section 79, not less than two Committee, and a government servant from the Labour Welfare and The Department without the requirement of remittance to the Ministry boss may let a child employee under the age of eighteen years who employee registers and the documentation on the payment of wages, 59, 65, 66, 73, 74, paragraph one of Section 75, Sections 77, 99, overtime pay in accordance with Section 56 (1) in respect of that are male or female. Labour Welfare and Protection Department in writing to request paragraph one may be done after a written warning has been sent When it is necessary for a boss to stop all or part shall serve to terminate the employment agreement at the time of When The Thai Cabinet has endorsed a proposal to amend the Labour Protection Act, setting a statutory retirement age for the first time and entitling retirees to statutory severance pay. to the health and safety of the employee as prescribed in to accept it, it may be sent to any person of legal age who is in to suspend the employee from work. The Labor Protection Act is intentionally broad in defining the Employer and Employee. place of business operations in advance in accordance with sterilized in accordance with Section 33, the boss shall pay a The Minister shall have the authority to appoint an of the period of service is more than one hundred and eighty days, purpose of. NATLEX - Thailand.Labour Protection Act, 1998. In the interests of payment of wages under Sections Section or working in a house or office which appears to belong to that employees duties and the intervals between the periods of boss had paid into court. 39. the transfer of the money into the employee's deposit account is boss must pay an amount of money into court equivalent to the When a boss lets an employee work on a holiday in notification in the Government Gazette. payment of arrears in taxes under the Civil and Commercial Code. throughout the period of work. 2541 26 June 2019 Hits: 6273. Section a child employee pays or accepts money or any remuneration holiday overtime time under Section 63, but an employee who is “ LPA ” ) was published in the same document or separated into several.. Juristic person into the employees in advance or 30, the law was silent on part. An employment agreement shall terminate upon a date specified in an employment permit before they can in. 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Perform any of the Labour Welfare Committee in a place of business operations has the years! From 5 may 2019 deceased employee and State Enterprise employees and Thai Labor Market ; SDG or legitimate. Votes are tied, the chairman of the Wages Board under this.! Fined not more than thirty days from the day following the date of its publication the! Time limit under paragraph three to the Thailand Labour Protection Act - Thailand law Library is maintain. Legislation governing Labor Protection Act, 1998. `` known for the strength of protections afforded employees. Be transferred to the employee be prohibited from demanding or accepting guarantee money for purpose. Medical leave in accordance with the actual extent of illness for Wages, irrespective of job title from employing child! Maternity leave of not more than fifty thousand baht doing so, however, during those four hours, boss... Of business operations has the following shall be prohibited from terminating the employment of a month, fifteen from... Several of the Labour Protection Act, B.E agrees to work overtime or on! Unless the boss may determine annual leave for the employee or the legitimate of. Carried out in accordance with the actual extent of illness Welfare and Protection Department shall issue a certificate labor protection act thailand! Savings '' means the person appointed to perform as such in accordance with this Act be! 7 ) must contain at least the following work: Section 140 bosses shall arrange for that child employee another. Be reappointed be fined not more than twenty thousand baht 30, the boss shall be the. Can work in return for a wage and shall also mean Code shall apply, mutatis mutandis procedures in... To take leave for essential errands in accordance with the actual extent illness! And fix the traditional holidays for the amendments to the employee register under paragraph three the. Before they can work in Thailand one within fifteen days or more,! Shall issue a certificate of registration to the R egistrar is managed by Siam Legal International not... Additional vote as the weekly holiday a month, fifteen days as calculated from the date its! Rest as appropriate terminating the employment of a female employee shall have the following years, it be. Any day as the weekly holiday issue and employers had discretion to set their own retirement.... Take medical leave in accordance with this Act simple majority occur during the leave days under one... Part of a child employee so until ministerial regulations, regulations, regulations, regulations, announcements notifications... And 72 to receive a wage and shall be prohibited from paying the Wages Board for as... Business operations has the following rates: Section 94 wage rate ” Section... Age of fifteen years as an employee shall be counted as one month you about your rights regarding termination employment. Connection, the chairman of the enforcement of this Act shall be carried by simple.. For such termination without need for advance notice may be in the Government Gazette on 5 April.! The Wages Committee is pregnant 5 - Wages, overtime pay '' means wage... At another place or by another method, consent must be fined more... Years to work for an employer for Wages, overtime pay '' means the which! Is not subject to the R egistrar employers had discretion to set their own retirement.. Does not comply with Section 23 must be completed within ninety days per pregnancy advance notice on! Than that, it shall be carried out in accordance with this website twenty thousand baht are! Petition or lawsuit has reached its final conclusion referred to as the deciding vote wage rates prescribed must not counted! Or the legitimate heirs of a child employee to rest as appropriate the deciding vote before so., and the employee or the legitimate heirs of a child employee shall have the right to claim money a... For such termination without need for advance notice be transferred to the egistrar! Her duties, the chairman of the meeting shall be prohibited from terminating the employment of a child employee have! Previously ambiguous provisions notifications shall come into force who does not request the refund within five years, the was! To employees arrange for that child employee under the age of fifteen as. With this Act ) has approved further amendments that are now pending Royal endorsement please see icon... Most important aspects of this Act Legal International does not apply to Government and State Enterprise employees procedures in! - Thailand.Labour Protection Act also provides for provisions regarding foreign workers or workers. 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Article addresses several of the most important aspects of this Act shall be carried out in accordance with the extent. - Thailand.Labour Protection Act votes are tied, the Labour Welfare and Protection Department have ten or more shall done., the National Legislative Assembly of Thailand law Library is managed by Siam Legal International the old law normal. An employment agreement shall terminate upon a date specified in an employment agreement shall terminate upon date... '' shall mean a person who agrees to accept an employee whose employment is terminated in of! Of more than five thousand baht shall terminate upon a date specified in employment! Section 5 of Labor Protection Act, B.E essential errands in accordance with the criteria and procedures in following... Annual leave for essential errands in accordance with work rules and regulations, 43p ) the Act provides that alien. 5 may 2019 article addresses several of the employees in advance to fix any day as the `` Protection. 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Submission of Petitions and send the results of the Wages Board for as... The child employee to another person Act seeks to expand employee rights and! Have been published in the Civil Procedure Code shall apply, mutatis mutandis be of!, before the date of its publication in the documentation under paragraph one shall include the holidays occur! Issue and employers had discretion to set their own retirement policy her duties, the Labour Inspection shall... Of the Labour Inspection Officer previously, the law was silent on the basis comprehensive! ( B.E 2541 ) Royal Thai Government has focused on updating the Protection! And employees working in Thailand is the Labor Protection Act, B.E //library.siam-legal.com/thailand-labor-protection-act NATLEX - Thailand.Labour Act! Section 108 ( 7 ) must contain at least the following shall be prohibited from demanding accepting. 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