Thai Labor Protection Act & Employment Law

The Labor Protection Act of 1998 (LPA) and the Civilin this case. For instance, an employer is restricted to
Commercial Code (CCC) are primarily responsible foremploy female employee in such organizations
administering labor protection laws in Thailand. Inengaged in mining as well as construction projects,
other words, the rights and duties pertaining to theunderwater and tunnel works, and production and
employer and employee are governed by series of atransportation of inflammable materials and
laws and procedures.explosives. Similarly, pregnant female employee is
Apart from Labor Protection Act BE 2541 (1998) andprohibited from working in plant or equipment that
Thai Civil and Commercial Code, the laws invibrates and lifting or carrying on her head more than
connection with Thai labor issues cover Labor15 kilograms of weight. Additionally, an employer
Relations Act BE 2518 (AD 1975), Provident Fund Actcannot terminate a female employee when she is
BE 2530 (AD 1987), Social Security Act BE (ADpregnant.
1900), and Workmen's Compensation Act BE 2537Child Labor
(AD 1994.)According to the labor law, a child labor could be
The Ministry of Labor and Social Welfare, via theemployed only if he has completed 15 years of age.
Department of Labor Protection and Welfare,But, in order to child labor below 18 years of age, the
administers the laws as well as rights with regard toemployer is required to notify it to the labor
labor issues. Further, the Minister of Labor and Socialinspector regarding the employment of a child labor
Welfare also possess right to appoint labor inspectorswithin 15 days from the date of his joining the job.
as well as to issue regulations and notifications.Likewise, the law restricts an employer to make a
The Labor Protection Act and other related lawschild labor below 18 years to work on public holidays
have set up employees' minimum rights working inand to do overtime. Further, child labor below 18 are
the country. This in turn includes rights coveringnot allowed work in certain working environments
almost every aspect of an employment such assuch as metal stamping, working with hazardous
working hours, remuneration, child and female labor,chemicals, and working with poisonous
employee welfare fund, overtime wages, sick leavemicroorganisms.
and maternity leave, holidays, employee dismissal andSick Leave and Maternity Leave
termination, provident fund issues, workers'As per the law, an employer must grant employees
compensation, employee social security, andat least 30 days paid sick leave. However, an
severance. Discussed further in this article are rightsemployee must furnish a doctor's certificate in case,
pertaining to certain aspects of employment inhe takes sick leave continuously for three days. In
Thailand.the case of maternity leave, a female pregnant
Working Hoursemployee should be granted at least 90 days
An employee is mostly entailed to work eight hours amaternity leave, of which the employer should pay
day or 48 hours a week. However, it is reduced tofor 45 days of the maternity leave.
seven hours a day or 42 hours a week, in case, theTermination
work is hazardous and affects employee's health. InA notice in writing must be given to an employee
addition, an employee working continuously for fiveprior to his termination. However, according to the
hours a day should be given a resting time of at leastLabour Protection Act BE 2541 (1998), an employer
one hour. Likewise, an employee must also be givencan dismiss or terminate an employee without any
at least one day holiday in a week.notice or severance payment in any of these
Remunerationfollowing circumstances such as
A remuneration committee has been set up,- Performing his or her duties and responsibilities
containing chairman who is the permanent secretarydishonestly
of the Ministry of Labor and Social Welfare,- Committing any kind of criminal offense
government representatives, and representatives of- Negligence from the part of employee that leading
both employers and employees, in order to fix theto serious damage or loss to the employer
wages and to determine basic pay.- Disobeying working rules and regulations devised by
Place of Payment of Remunerationthe employer
As per the Labor Protection Act, an employer is- On imprisonment as per the final judgment of
required to make payment of remuneration at theimprisonment
working place itself. However, it can be changedA plethora of law firms are now in scenario in order
provided if employee is ready to accept payment atto help you dealing with the Thai labor law. Usually,
some other place or via some other payment modes.these law firms provide a range of services in
Female Employeesconnection with labor issues such as labor disputes,
According to the labor acts, both male and femalelabor court representation, payroll issues, social
employees must be treated equally in a workingsecurity, and labor law compliance issues.
environment. However, there are certain exceptions