Thai Labor Protection Act & Employment Law

The Labor Protection Act of 1998 (LPA) and the Civil Industrial Code (CCC) are primarily accountable for administering labor protection laws in Thailand. In other words, the rights and duties pertaining to the employer and employee are governed by series of a laws and procedures.

Apart from Labor Protection Act BE 2541 (1998) and Thai Civil and Industrial Code, the laws in connection with Thai labor problems cover Labor Relations Act BE 2518 (AD 1975), Provident Fund Act BE 2530 (AD 1987), Social Safety Act BE (AD 1900), and Workmen’s Compensation Act BE 2537 (AD 1994.)

The Ministry of Labor and Social Welfare, via the Department of Labor Protection and Welfare, administers the laws as properly as rights with regard to labor concerns. Additional, the Minister of Labor and Social Welfare also possess appropriate to appoint labor inspectors as effectively as to issue regulations and notifications.

The Labor Protection Act and other related laws have set up employees’ minimum rights working in the nation. This in turn includes rights covering practically every single aspect of an employment such as working hours, remuneration, child and female labor, employee welfare fund, overtime wages, sick leave and maternity leave, holidays, employee dismissal and termination, provident fund problems, workers’ compensation, employee social security, and severance. Discussed additional in this article are rights pertaining to certain aspects of employment in Thailand.

Operating Hours
An employee is mostly entailed to work eight hours a day or 48 hours a week. However, it is reduced to seven hours a day or 42 hours a week, in case, the work is hazardous and impacts employee’s overall health. In addition, an employee functioning constantly for five hours a day must be provided a resting time of at least one particular hour. Likewise, an employee need to also be given at least one day vacation in a week.

Remuneration
A remuneration committee has been set up, containing chairman who is the permanent secretary of the Ministry of Labor and Social Welfare, government representatives, and representatives of both employers and workers, in order to repair the wages and to determine simple pay.

Location of Payment of Remuneration
As per the Labor Protection Act, an employer is essential to make payment of remuneration at the operating place itself. However, it can be changed provided if employee is ready to accept payment at some other location or by means of some other payment modes.

Female Personnel
According to the labor acts, each male and female staff must be treated equally in a operating environment. Nevertheless, there are certain exceptions in this case. For instance, an employer is restricted to employ female employee in such organizations engaged in mining as properly as construction projects, underwater and tunnel functions, and production and transportation of inflammable supplies and explosives. Similarly, pregnant female employee is prohibited from operating in plant or equipment that vibrates and lifting or carrying on her head much more than 15 kilograms of weight. Furthermore, an employer can’t terminate a female employee when she is pregnant.

Youngster Labor
According to the labor law, a youngster labor could be employed only if he has completed 15 years of age. But, in order to youngster labor below 18 years of age, the employer is needed to notify it to the labor inspector concerning the employment of a youngster labor within 15 days from the date of his joining the job. Likewise, the law restricts an employer to make a kid labor under 18 years to operate on public holidays and to do overtime. Additional, youngster labor below 18 are not allowed function in specific working environments such as metal stamping, functioning with hazardous chemical compounds, and working with poisonous microorganisms.

Sick Leave and Maternity Leave
As per the law, an employer must grant staff at least 30 days paid sick leave. However, an employee have to furnish a doctor’s certificate in case, he takes sick leave constantly for 3 days. In the case of maternity leave, a female pregnant employee should be granted at least 90 days maternity leave, of which the employer must spend for 45 days of the maternity leave.

Termination
A notice in writing have to be provided to an employee prior to his termination. Nonetheless, according to the Labour Protection Act BE 2541 (1998), an employer can dismiss or terminate an employee without having any notice or severance payment in any of these following circumstances such as

– Performing his or her duties and responsibilities dishonestly
– Committing any sort of criminal offense
– Negligence from the part of employee that major to significant harm or loss to the employer
– Disobeying working rules and regulations devised by the employer
– On imprisonment as per the final judgment of imprisonment

A plethora of law firms are now in scenario in order to aid you dealing with the Thai labor law. Typically, these law firms provide a range of services in connection with labor concerns such as labor disputes, labor court representation, payroll problems, social safety, and labor law compliance problems.
SABUNG AYAM
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SABUNG AYAM