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Article #389: Thai Labor Protection Act & Employment Law

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The Labor Protection Act of 1998 (LPA) this case. For instance, an employer is
and the Civil Commercial Code (CCC) are restricted to employ female employee in
primarily responsible for administering such organizations engaged in mining as
labor protection laws in Thailand. In well as construction projects, underwater
other words, the rights and duties and tunnel works, and production and
pertaining to the employer and employee transportation of inflammable materials
are governed by series of a laws and and explosives. Similarly, pregnant
procedures. female employee is prohibited from
Apart from Labor Protection Act BE 2541 working in plant or equipment that
(1998) and Thai Civil and Commercial vibrates and lifting or carrying on her
Code, the laws in connection with Thai head more than 15 kilograms of weight.
labor issues cover Labor Relations Act BE Additionally, an employer cannot
2518 (AD 1975), Provident Fund Act BE terminate a female employee when she is
2530 (AD 1987), Social Security Act BE pregnant.
(AD 1900), and Workmen's Compensation Act Child Labor
BE 2537 (AD 1994.) According to the labor law, a child labor
The Ministry of Labor and Social Welfare, could be employed only if he has
via the Department of Labor Protection completed 15 years of age. But, in order
and Welfare, administers the laws as well to child labor below 18 years of age, the
as rights with regard to labor issues. employer is required to notify it to the
Further, the Minister of Labor and Social labor inspector regarding the employment
Welfare also possess right to appoint of a child labor within 15 days from the
labor inspectors as well as to issue date of his joining the job. Likewise,
regulations and notifications. the law restricts an employer to make a
The Labor Protection Act and other child labor below 18 years to work on
related laws have set up employees' public holidays and to do overtime.
minimum rights working in the country. Further, child labor below 18 are not
This in turn includes rights covering allowed work in certain working
almost every aspect of an employment such environments such as metal stamping,
as working hours, remuneration, child and working with hazardous chemicals, and
female labor, employee welfare fund, working with poisonous microorganisms.
overtime wages, sick leave and maternity Sick Leave and Maternity Leave
leave, holidays, employee dismissal and As per the law, an employer must grant
termination, provident fund issues, employees at least 30 days paid sick
workers' compensation, employee social leave. However, an employee must furnish
security, and severance. Discussed a doctor's certificate in case, he takes
further in this article are rights sick leave continuously for three days.
pertaining to certain aspects of In the case of maternity leave, a female
employment in Thailand. pregnant employee should be granted at
Working Hours least 90 days maternity leave, of which
An employee is mostly entailed to work the employer should pay for 45 days of
eight hours a day or 48 hours a week. the maternity leave.
However, it is reduced to seven hours a Termination
day or 42 hours a week, in case, the work A notice in writing must be given to an
is hazardous and affects employee's employee prior to his termination.
health. In addition, an employee working However, according to the Labour
continuously for five hours a day should Protection Act BE 2541 (1998), an
be given a resting time of at least one employer can dismiss or terminate an
hour. Likewise, an employee must also be employee without any notice or severance
given at least one day holiday in a week. payment in any of these following
Remuneration circumstances such as
A remuneration committee has been set up, - Performing his or her duties and
containing chairman who is the permanent responsibilities dishonestly
secretary of the Ministry of Labor and - Committing any kind of criminal offense
Social Welfare, government - Negligence from the part of employee
representatives, and representatives of that leading to serious damage or loss to
both employers and employees, in order to the employer
fix the wages and to determine basic pay. - Disobeying working rules and
Place of Payment of Remuneration regulations devised by the employer
As per the Labor Protection Act, an - On imprisonment as per the final
employer is required to make payment of judgment of imprisonment
remuneration at the working place itself. A plethora of law firms are now in
However, it can be changed provided if scenario in order to help you dealing
employee is ready to accept payment at with the Thai labor law. Usually, these
some other place or via some other law firms provide a range of services in
payment modes. connection with labor issues such as
Female Employees labor disputes, labor court
According to the labor acts, both male representation, payroll issues, social
and female employees must be treated security, and labor law compliance
equally in a working environment. issues.
However, there are certain exceptions in






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