(Labor Standards Act , Act No. All employees are entitled to a daily rest period of at least 1 hour after working for 5 consecutive hours. * Remuneration must be paid at least once a month. Labor administration . For work performed in excess of the maximum number of hours fixed either by regulation or by specific agreement (if the latter is lower), employees must be paid overtime compensation. A foreign employee must have paid personal income tax in the previous personal tax year (based on the minimum income requirement for his nationality) or if the foreign employee has not worked in Thailand previously, documents for potential employers confirming that, the foreign employee will obtain income in Thailand at lease in the amount of minimum income as specified based on the foreigners nationality. The amount of severance payable due to a leaving employee increases with length of service. Thailand’s new Labour Laws, Regulations and Policies are increasing complex and sometimes confusing when coupled with labour incidents, strikes and disputes within the country. Given on this 12th day of February B.E. 2541 (A.D. 1998) – English version, Labor Protection Act B.E. 2541 submitted to a labour inspector; or there is a labour dispute under the labour relations law; or there is a lawsuit is commenced, an employer must retain the record and the documents until the order or judgement of such matter has been final. Work, Previous post: Occupy Shirt Justified Supreme Court Arrest. The treaty allows citizens of the US to establish a business in Thailand with majority ownership, this is usually prohibited under the Foreign Business Act – usually the majority owner must be Thai national(s). They are probably very different to labor and employment laws in your home country. thailand, The maximum number of working hours of employees is fixed at 8 hours a day and 48 hours a week in total. The employer and the employee may agree to arrange the period of working hours for some types of works, as stipulated by the Thai labor law, but the total number of working hours in any case must not exceed 48 hours a week. The latest manifestation was revision to the Thai LPA was in 2010. The minimum wages per day are fixed at rates depending on the location of the work place. Laurence also advises foreign companies on their obligations as employers in Quebec. +662-643-2403 ; info@MSNAgroup.com ; SOCIALIZE … December 20, 2018 Posted by ASEAN Briefing Written by Vasundhara Rastogi Reading Time: 4 minutes. เผยแพร่เมื่อวันที่ 3 Jan 2018; View All . Web Design by Move Ahead Media – SEO Company Bangkok, WORK PERMIT IS NOT FOR EVERY JOB EVERY WHERE, Limited Company With More Than 5 Million Baht Registered Capital, A Probation of a New Employee – Problems and Solutions, Labor Protection Act B.E. All nationalities have the same employment rights in Thailand, saveforeigners will additional issues due to their work permit and their visa. FOREIGN LABOUR IN MALAYSIA : SELECTED WORKS Advisory Editor: Datin Paduka Ir. An employer with 10 or more regular employees is also required to maintain an employee register in the Thai language with documents pertaining to the payment of wages, overtime, holiday work and overtime on holidays. RELATED: The Guide to Employment Permits for Foreign Workers in Myanmar. The law will take effect in April 2019 and create two new visa categories. Laurence is an expert on many individual and collective labour law issues. In this connection, if the employee refuses to move and work in the new location, the employee has the right to terminate the employment contract and is entitled to receive a special severance pay of not less than the prescribed rates of severance pay. If an employment contract does not specify any duration, either party can terminate the contract by giving the other party a written notice before or at the date the wage payment is due, to take effect on the following wage payment due date. Section 118. This card must be renewed each time the employment pass is renewed or extended. Generally, the above labor laws enumerate the employees' minimum rights such as working hours, compensation, work restrictions, welfare funding, allowable vacation and sick leaves, holidays, workmen securities and privileges. If your employment is terminated seek advice from your employer or a Thailand employment lawyer about your work permit and visa status, Related Articles:  The Legal Aspect of Social Media Employment Background Check and its Implications for Employees, Tagged as: Under pressure from the EU and other governments, the Thai government adopted a series of reforms to improve labor rights in the fishing industry. Laws regarding labor protection and welfare; Laws regarding skill development; Other laws; Search. Laurence Déry specializes in labour and employment law. Worked flawlessly the past years. The written warning shall be valid of not exceeding one year from the date when the employee commits the offence; (5) absenting himself/herself from duty without justifiable reason for three consecutive working days regardless of whether there is holiday in between; (6) being sentenced to imprisonment by a final court judgment. Visitor Times Posted Date 4 May 2018 facebook Visitor Times Posted Date 27 May 2012 facebook; twitter; email; Office of Labour Affairs in Singapore visits Thai worker’s dormitory. The basic presumption of Thai Labor Law is that the Employer is in a superior position in relation to the Employee therefore Employees require the law to equalize the imbalance of power. * This field should be left blank. * Remuneration may be paid by bill or in a foreign currency or at other place with the prior consent in writing of an employee. The employer and the employee may agree to arrange the period of working hours for some types of works, as stipulated by the Thai labor law, but the total number of working hours in any case must not exceed 48 hours a week. The Labor Protection Act regulates minimum standards for … (No.2) 2551 (A.D. 2008), Labor Protection Act B.E. Thai labor law makes it difficult for migrant workers to assert their rights. Thai-MECC has the authority and mandate to enforce Thai labor laws on fishing vessels—including stopping, searching, detaining, and arresting violators on vessels—within Thai waters or those fleeing to international waters. labor, In establishments in which the work is deemed injurious to health or personal safety, as stipulated by law, working hours must not exceed 7 hours a day and 42 hours a week in total. Direct foreign investment in Thailand is primarily regulated by the Foreign Business Act B.E. Ministry of Labor, Khon Kaen jointly launched a unit for the treatment of suffering, to create a smile to the people. 2541 – Thai version, Labor Protection Act B.E. The Labor Protection Act regulates minimum standards for pay and working hours for employees. 2541 Being the 53rd year of the Present Reign. In some types of works, as stipulated by law, the employer and the employee may agree to arrange the period of working hours but the working hours in any case must not exceed 48 hours a week. In the event that the employer terminates the employment of an employee as a consequence of streamlining the work units, production process, distribution service, or the introduction or change of machinery or technology, which thereby results in the reduction of the number of employees, the employer must notify the Labor Inspector and the employee concerned at least 60 days before the date of termination of the employment or pay in lieu of the advance notice to the employee an amount equal to 60 days’ wages. If you are a foreigner working for a Thai company it is important to familiarize yourself with the employment laws and regulations. The Department of Labour Protection and Welfare, under the Ministry of Labour and Social Welfare, is charged with implementing labour laws and performing labor inspections throughout the country. The main Thai labour law consists of the Civil and Commercial Code on contracts relating to the Hire of Services (Book III, Title VI), the Labour Protection Act 1998, the Labour Protection Act (No.2) 2008, the Labour Protection Act (No.3) 2008, the Labour Relations Act 1975, the Act on Establishment of Labour Courts and Labour Court Procedures 1979, the Social Security Act 1990 and the Compensation Act 1994. Services Employment Law 15 Employment of Foreign Nationals in India 16 Services Immigration Solutions 16 Services Expat Tax 16 Our Services 19 About us 20 Your experts in Germany and India 21 . Do not agree to work for a company unless they provide you with a work permit – working in Thailand illegally can leave you vulnerable to imprisonment or deportation, 3. The ministry was founded in 1993 as the "Ministry of Labour and Social Services", then renamed "Ministry of Labour" in 2002. The draft is now being reviewed by a reviewing committee appointed by the NLA before it is resubmitted to the NLA for the second reading and the final approval. Thailand Lawyer News on Thailand Business, Legal and Social Issues. Thai business says new law with harsh punishment for foreign labor could harm Thai economy. Because remittances often account for so much of the national GDP, many South and Southeast Asian countries are hesitant to impose measures that could discourage the employment of their citizens in favor of other nationalities. Employment in Thailand may be terminated for a variety of reasons: Examples of gross misconduct dishonestly, committing an act of crime at work, causing harm at work, gross negligence, breaking a rule for which a previous written warning has been provided to the employee, being AWOL for three consecutive days with no good reason, receiving a prison sentence. (No.2) 2551 (A.D. 2008) Contact Us. Under Thailand condominium law, however, foreigners are allowed to purchase condos outright as long as foreign ownership in the building does not exceed 49% non-Thai ownership. Visitor Times Posted Date 3 Jan 2018 facebook; twitter; email; News on 2012 Songkran Festival in Taipei. * Remuneration must be paid in Thai currency at the workplace of an employee. foreigners who work without the Employment Permit or employers which hire foreigners without the Employment License, shall be handled by the public security organs in accordance with Article 44 of the Rules Governing the Implementation of the Law of the People’s Republic of China on the Entry and Exit of Aliens. The law will take effect in April 2019 and create two new visa categories. Please wait... MSNA Group 65/62 Chamnan Phenjati Business Center, 6/F, Rama 9 Road, Bangkok. Thailand Law Library is managed by Siam Legal International. They are probably very different to labor and employment laws in your home country. But … The Thai labor law stipulated that the maximum number of working hours of employees in Thailand is 8 hours a day and not more than 48 hours a week. 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