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Thai Labor Protection Act & Employment Law

The Labor Protection Act of 1998 (LPA) andcertain exceptions in this case. For
the Civil Commercial Code (CCC) are primarilyinstance, an employer is restricted to employ
responsible for administering laborfemale employee in such organizations engaged
protection laws in Thailand. In other words,in mining as well as construction projects,
the rights and duties pertaining to theunderwater and tunnel works, and production
employer and employee are governed by seriesand transportation of inflammable materials
of  a  laws  and  procedures.and explosives. Similarly, pregnant female
employee is prohibited from working in plant
Apart from Labor Protection Act BE 2541or equipment that vibrates and lifting or
(1998) and Thai Civil and Commercial Code,carrying on her head more than 15 kilograms
the laws in connection with Thai labor issuesof weight. Additionally, an employer cannot
cover Labor Relations Act BE 2518 (AD 1975),terminate a female employee when she is
Provident Fund Act BE 2530 (AD 1987), Socialpregnant.
Security Act BE (AD 1900), and Workmen's
Compensation  Act  BE  2537  (AD  1994.)Child  Labor
The Ministry of Labor and Social Welfare, viaAccording to the labor law, a child labor
the Department of Labor Protection andcould be employed only if he has completed 15
Welfare, administers the laws as well asyears of age. But, in order to child labor
rights with regard to labor issues. Further,below 18 years of age, the employer is
the Minister of Labor and Social Welfare alsorequired to notify it to the labor inspector
possess right to appoint labor inspectors asregarding the employment of a child labor
well as to issue regulations andwithin 15 days from the date of his joining
notifications.the job. Likewise, the law restricts an
employer to make a child labor below 18 years
The Labor Protection Act and other relatedto work on public holidays and to do
laws have set up employees' minimum rightsovertime. Further, child labor below 18 are
working in the country. This in turn includesnot allowed work in certain working
rights covering almost every aspect of anenvironments such as metal stamping, working
employment such as working hours,with hazardous chemicals, and working with
remuneration, child and female labor,poisonous  microorganisms.
employee welfare fund, overtime wages, sick
leave and maternity leave, holidays, employeeSick  Leave  and  Maternity  Leave
dismissal and termination, provident fund
issues, workers' compensation, employeeAs per the law, an employer must grant
social security, and severance. Discussedemployees at least 30 days paid sick leave.
further in this article are rights pertainingHowever, an employee must furnish a doctor's
to certain aspects of employment in Thailand.certificate in case, he takes sick leave
continuously for three days. In the case of
Working  Hoursmaternity leave, a female pregnant employee
should be granted at least 90 days maternity
An employee is mostly entailed to work eightleave, of which the employer should pay for
hours a day or 48 hours a week. However, it45  days  of  the  maternity  leave.
is reduced to seven hours a day or 42 hours a
week, in case, the work is hazardous andTermination
affects employee's health. In addition, an
employee working continuously for five hoursA notice in writing must be given to an
a day should be given a resting time of atemployee prior to his termination. However,
least one hour. Likewise, an employee mustaccording to the Labour Protection Act BE
also be given at least one day holiday in a2541 (1998), an employer can dismiss or
week.terminate an employee without any notice or
severance payment in any of these following
Remunerationcircumstances  such  as
A remuneration committee has been set up,- Performing his or her duties and
containing chairman who is the permanentresponsibilities  dishonestly
secretary of the Ministry of Labor and Social
Welfare, government representatives, and-  Committing  any  kind  of criminal offense
representatives of both employers and
employees, in order to fix the wages and to- Negligence from the part of employee that
determine  basic  pay.leading to serious damage or loss to the
employer
Place  of  Payment  of  Remuneration
- Disobeying working rules and regulations
As per the Labor Protection Act, an employerdevised  by  the  employer
is required to make payment of remuneration
at the working place itself. However, it can- On imprisonment as per the final judgment
be changed provided if employee is ready toof  imprisonment
accept payment at some other place or via
some  other  payment  modes.A plethora of law firms are now in scenario
in order to help you dealing with the Thai
Female  Employeeslabor law. Usually, these law firms provide a
range of services in connection with labor
According to the labor acts, both male andissues such as labor disputes, labor court
female employees must be treated equally in arepresentation, payroll issues, social
working environment. However, there aresecurity, and labor law compliance issues.



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