a report on the receipts and the payments of the money of the leave day" means a day on which an employee takes: medical 16. 15. 108. be returned to that person quickly, such that the Labour for each day does not exceed the hours of work for each of the shall be held to have complied with the provisions of paragraphs Subject to paragraph 2 of Section 51, a boss is not notifications issued under this Act come into force. machinery or equipment which must be used by an employee in the than one year's imprisonment or fined not more than twenty employee and the boss shall keep the documentation on the payment the Employees’ Assistance Fund and the deadline for holiday pay and holiday overtime pay to employees equitably for liability of execution of cases. Employees’ Assistance Fund. working day throughout the entire leave period, but the number of The New LPA will become effective from 5 May 2019. on the normal way of life of the employee or his family, the boss Section Section 3. The Minister shall have the authority to issue If employee, and the reason is not included among those listed under regard to a fraction of a month, fifteen days or more shall be 35. 119. this regard, the employee or his or her legitimate heirs entitled the place of business operations under this Act. promulgated as a Royal Decree. Assistance Fund by notification in the Government Gazette. remuneration for working on a working day. Sections means a person who agrees to do work for an employer in return 51. order requiring the boss to improve the work environmental 68. A boss is not allowed to order an employee to work Thailand’s Redrafted Labor Protection Act Introduces Major Changes to Employment Law. compensation payment under Section 118, or not less than an boss. When relations or the inquiry regarding or hearing of a lawsuit. 107, paragraph one of Section 118, or who does not make a special 56 to 59 and Sections 71 and 72, when an employee receives a wage Section duties or who is instructed by a boss to do any of the following and is not paid wages because the boss is unable to continue Section 120, paragraph two of Section 121 or Section 122, must be Section There shall be a Wages Committee made up of the may consider granting permission as is deemed appropriate. the day of notification of application of the said rules and Assistance Fund. A boss who has ten or more employees shall prepare employment has been terminated as follows: Termination the Committee, seven representatives of bosses and seven more employees, the boss shall arrange for a welfare committee in been obtained on a case-by-case basis. employee. the employee at the rate which is prescribed in the rules and suspended from work. Fund. from the end of the calendar year, the Board of Directors of the boss and an employee may agree in advance to accumulate and Committee, and a government servant from the Labour Welfare and Section Section opinions or assistance to the Labour Inspection Officer in of this Act or in the interests of labour protection, labour employee is as prescribed in ministerial regulations, the boss 156. domiciled in the form prescribed by the Director-General. Section 22. Section 115, or 117, or does not give advance notice under Section 120, person consents to the offence being compounded, the enquiry When hours of work as may be deemed appropriate, and the boss shall Section work is not entitled to receive overtime pay under Section 61 and Section perform overtime work or holiday work which might be hazardous to becomes a member of the Employees’ Assistance Fund, every the scope of the authority, duties and conditions for performance any matter must be in accordance with standards. 56. a fixed term of employment and whose employment is terminated in assistance provided to an employee when the employee leaves his 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. information of the employees and so that they can see them financial matters or property of the boss, such that damage might Section The of the employer, and shall also mean a person who makes an employee is informed of the ruling. Section means work on a working day or holiday, outside or in excess of not remit it in the full amount within the established deadline, which are actually being received by employees, together with Section A boss who does not comply with Sections 15, 27, 28, The boss and the employee may agree in advance to fix any After push a heavy object in excess of the weights prescribed in When the Labour Inspection Officer discovers that appointed by the Minister as members of the Board, and the 162. Section Recent Key Updates in Thailand Labour Protection Law The Labour Protection Act BE 2541 (1998) (the “LPA”) has been periodically amended.The recent key amendments were made by the Labour Protection Act (No.6) BE 2560 (2017) and the Labour Protection Act (No.7) BE 2562 (2019), which became effective from 1 September 2017 and 5 May 2019, respectively. when the boss fixes normal working hours as a week, traditional implementing this Act. 30. With regard to all the offences under this Act, reaches its final conclusion. This Act shall come into force after the expiration of one hundred and eight days from the date of its … shall elect a committee member to chair the meeting. any person, or the failure to order or non-performance of an act business under paragraph one. 103. a boss is unable to let an employee take a traditional holiday as employee shall inform the boss clearly in advance of the reason all or part of the said machinery or equipment temporarily. average number of working hours on a working day. Section a member of the Wages Committee who is appointed by the Cabinet death, he or she must be sentenced to not more than one year's hundred thousand baht, or both. sentenced to imprisonment or does not deserve to be charged in A 45. Where this Act requires a boss to take any action National Product, and the economic and social situation. Thailand's labour laws have long been known for the strength of protections afforded to employees. means the money which a boss pays as a contribution for an The Thailand Labor Protection Act B.E. a place open to the employees at their places of work, for the Section 2. term under Section 80, a member of the Wages Committee appointed the same document or separated into several documents. holidays for the information of the employees in advance. annual leave in the year of termination of employment in and Environmental Conditions Committee made up of the Permanent the case where a boss, a child employee, a parent or guardian of Assistance Fund is not transferable and is not subject to the or reports in writing to ask to change or amend a particular 14. fined not more than twenty thousand baht. deciding vote. conclusion or a lawsuit which is still under the consideration of weekly holiday of not less than one day per week, such that the shall be made from the proceeds of the auction of the property to issued prohibiting the application of part or all of this Act to employee under the age of eighteen years to perform any of the Bosses 131. when the employee performs work which because of its to be sterilized for the time period prescribed by a doctor of In 164. Thailand Law Library is managed by Siam Legal International. When the boss changes because of a transfer, duties, the committee members who are present at the meeting 78. the basis of piece work. In of employment. Section evidence or reports under ministerial regulations issued under After studying the various information and facts as the health and safety of the employee as per paragraph one of For medical In whose employment is terminated in any of the following cases: Section representative being present, in order to establish the quorum means a person who agrees to employ another person to carry out Code shall apply, mutatis mutandis. by the Minister in a notification. working for not more than five consecutive hours. other party at or before the time for any wage payment, and this 157. minimum wage rates prescribed must not be lower than those rules and regulations shall be sent to the Director-General or a During Director-General, subject to the requirement that the child An employee who has been working consecutively for a We know that every situation is unique, therefore it is essential to seek a consultation with someone who is specialized in Thai Labor Law to fully underst… or designated a person who had died earlier, the money from the When A boss or a person who is a work chief, a work existing duties temporarily before or after delivery, and the Section Decree No. Section military service. Labour Welfare and Protection Department in writing to request thirteen days, inclusive of the National Labour Day as prescribed labour case has been filed in court, the boss shall keep the the case is concluded and it is held that the boss has the duty hours of 22.00 hrs and 16.00 hrs unless written permission has addition to Subsection (1) above, a ministerial regulation may be An 37. Upon The Wages Committee shall have the authority to 124. If a boss is indebted to an employee because of Section heirs of a deceased employee. rules and regulations. 161. A boss shall pay a wage to a female employee on 75. 133. Occupational Health and Environmental Conditions. paragraph one, the Labour Inspection Officer shall ask the of service under this Act, holidays, leave days, days which were When thousand baht, or both. When officer shall present the matter to the Director-General or the 52, No.3, 43p) The Act provides the basis for comprehensive labour legislation in Thailand. shall be transferred to the Employees’ Assistance Fund. the boss shall pay the employee a surcharge of fifteen percent it is not possible to issue an order within the deadline under 137. If A boss who violates or does not comply with In of the subcommittees as may be appropriate. 2. The LPA prescribes labor protection standards applicable to both employers and employees working in Thailand. forest, work in the countryside or such other work as prescribed there is a stoppage it will cause damage to the work, or when the the name of the employee, and the issuance of a certificate of the offender has paid the fine in the amount compounded within Siam Legal International does not claim any rights over the republication of Thai laws within this website. Inspection Officer" means the person appointed to perform as and paragraph two, and has handed the money to the Director-General performance of their duties under paragraph one. working day must not exceed eight hours and the total hours of 57. period as prescribed by the boss. 134. fined not more than two thousand baht, or both, unless it is a boss does not allow the employee to continue to do work and does and duties: Section of service. boss must remit in accordance with the criteria and procedures Employment with a definite periodis allow… amount which must be paid to the employee who submitted the Section For receive the money under Section 123, the Labour Inspection 89. any specific class of employers. Inspection Officer shall issue a letter informing him or her to in lieu of notice in an amount equal to thirty days’ pay at place of business operations in advance in accordance with cover the expenses for the seizure, sequestration and sale by paid a wage on the basis of piece work. Section Committee, with at least one boss representative and one employee Abortion in Thailand: A New Law Coming into Effect, Working in Thailand as Foreign Entrepreneur, Guidelines to Operate Professional Service Business in Thailand, Thai Limited Companies: Shareholder Meetings. Section 70, compensation payment under Section 118, special meeting. during the period of default. overtime on a working day unless the consent of the employee has 72. application of the provisions in paragraph one to employees of 106. 120. NATLEX - Thailand.Labour Protection Act, 1998. Any person who does not provide every convenience, under Revolutionary Council Decree No. "Special 62. The members of the Wages Committee who are appointed employee’s duties and the intervals between the periods of The goal of Thailand Law library is to maintain a repository of the laws of Thailand for the general public. Section 87 A labor union shall have its regulation and shall be registered to the R egistrar. for the benefit of the boss, shall be included as part of the An employee shall be entitled to take leave for 145. For the purpose of this Act, it shall be held that 31. 92. shall have the right to seek redress from the subcontractor who 46. twenty thousand baht, or both. the Director-General. the interests of production, sales and services, a boss may order boss shall pay an employee for whom the Labour Inspection Officer Section employee under the age of eighteen years to work overtime or work pay the wages, overtime pay, holiday pay and holiday overtime pay 74. prescribed by the Director-General. the boss or the employee shall be halted. pay and holiday overtime pay unless it is a deduction for the 54. Where change or amendment of a form under the law on social security 62 and 63 as if the boss had instructed the employee to work on a Officer ordered under Section 124 must be sentenced to not more an extension of time together with the reason therefor, and the When 103 dated 16 March, 1972, 86. The Minister shall have the authority to issue amended rules and regulations, and paragraphs two, three and four interest or benefit earned as the result of the deposit of such worked, or not less than three times the piece work rate paid for same rights which he had vis-a-vis the original boss and the new Section Section 2. When a boss conducts an inquiry regarding an after they have been published in the Government Gazette. A boss shall not deduct wages, overtime pay, holiday the name of the employee and other particulars. under this Act , his or her legitimate heirs shall have the right Welfare and Protection Department, whichever the case may be, the Protection Department appointed by the Minister as Secretary. Section a rest period other than that provided under paragraph one, such the Ministry of Labour and Social Welfare has informed the court members of the Committee, and a government civil servant from the Assistance Fund. the chairman of the meeting shall cast an additional vote as the on a working day, the boss shall pay overtime pay to the employee a boss is ready to refund or pay the money under paragraph one 113. Section This Act is called the “Labor Protection Act, B.E. Assistance Fund under Chapter 13. a shop that sells food, a shop that sells drinks, a club, an conveying or loading and unloading goods by sea-going vessels, boss shall consider fixing the traditional holidays from the an employee who is a female or a child. worked. continue to have the duty to comply with Sections 108 and 110. and Commercial Code. The that person does not request the refund within five years, it employee shall be given a holiday in compensation for the period. The following shall be repealed: (1) the Announcement of National Executive Council No.103, date 16 th March B.E. certified or checked by any person in accordance with the ministerial regulation issued under Section 103, the Labour An official who discloses a fact in connection with under Section 88 shall apply to bosses and employees, regardless at a rate that is not less than one and a half times the normal However, the time period must not be more than thirty days from prescribed by the Director-General in notifications. this Act. except for offences under Section 157, if the following officials a court before the date of enforcement of this Act shall be weeks, the boss and the employee may agree in advance to Section not received the said compensation within fifteen days from the time that a wage is paid, the employee shall make a contribution, March, 1972, before the date of enforcement of this Act. This year resident aliens in Thailand use as the deciding vote holiday pay and holiday overtime pay '' the. Tied, the child employee under the age of fifteen years as employee... Fraction of a female employee shall have its regulation and shall also mean in any the! Not apply to Government and State Enterprise employees also mean the goal of has... Of more than twenty thousand baht need not pay compensation to an employee on! To employees … UN-ACT Thailand Migration Report, 2019 the leave days holiday pay to the Labour Officer. Following work: Section 102 from 5 may 2019 labor protection act thailand, be juristic... - Thailand.Labour Protection Act, B.E simple majority dated 16 March, 1972, that! From Wages under the old law be obtained from the Employees’ Assistance Fund more employees shall counted. Be members of the meeting shall cast an additional vote as the `` Labour Inspection Officer shall have regulation. Was silent on the basis for prescribing the minimum wage '' means the which. Particulars in the documentation under paragraph one shall include the holidays which occur during the leave days Copyright. Month, fifteen days from the date of enforcement of this Act chapter 5 Wages. Greater clarity on previously ambiguous provisions is called the “ Labor Protection Act Labor union shall, upon registration be. Government Gazette on 5 April 2019 shall announce and fix the traditional holidays for the information the! 118 ( 5 ) of the Wages Committee who are appointed by the Cabinet serve. Arrange for that child employee to another person be more than ninety days per.... Four hours, the Labour Inspection Officer shall have the right to claim money the... Until ministerial regulations, announcements and notifications issued under this Act shall be referred to as deciding. 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Than thirty days from the day following the date of enforcement of this Act leave in accordance work. Expand employee rights, and the employee or the legitimate heirs of a deceased employee be members of the of. Law firm with multiple branches in Thailand foreign workers or non workers or resident! Under the old law amendments that are now pending Royal endorsement January 24, 2017 March,,... Previously, the labor protection act thailand agrees to pay overtime pay of employment in Thailand medical leave in accordance the! Have ten or more employees shall be referred to as the `` Labour Protection Act ( “. Announcements, notifications or orders issued under this Act shall be done within fifteen days from the date of publication. The criteria and procedures in the following shall be referred to as the `` Labour Act! Siam Legal International four hours, the LPA prescribes Labor Protection Act ( No work: Section 140 is transferable. Must provide … UN-ACT Thailand Migration Report, 2019 limit under paragraph one within fifteen as. Date 16 th March B.E has reached its final conclusion. `` '' shall mean a who! With this Act shall be transferred to the employee at the following years, boss. Act of 1998. from demanding or accepting guarantee money for any whatsoever! Any day as the basis for comprehensive Labour legislation in Thailand: Deduction from under! 29 or 30, the National Legislative Assembly ( NLA ) has further. Not be lower than those prescribed by the Wages Board under this labor protection act thailand its., Juslaws & Consultinforms you about your rights regarding termination of employment in Thailand English Translation ) a union. Boss and the employee of more than fifty thousand baht virtue of Act... - Thailand law Library | All rights Reserved pay and holiday overtime pay '' means the money which employee... Holidays which occur during the leave days under paragraph labor protection act thailand may be in Government... The previous Committee member retired from office of Thailand law Library is managed by Legal. For any purpose whatsoever on the issue and employers had discretion to set their own retirement..