Thailand Law Library is managed by Siam Legal International. If so, on what grounds is discrimination prohibited? relocation of place of business, reorganisation of undertakings or production line or machinery or technology advancements. For foreigners who used to live in Thailand for more than 6 months For foreigners who are temporarily in Thailand for a short visit For foreigners who currently lives in Thailand on a long-term visa and requires Thai Police Clearance Certificate Register with us FREE. When an employment dispute arises, one party can bring a labour complaint to the Labour Court if it is related to the employment contract, performance of work, an appeal from a member of the Labour Relations Committee or the Minister of the Interior. Thai labor law is relatively flexible for employers. Is the Thai education system really a failure? 5.5 Are employers free to change terms and conditions of employment in connection with a business sale? 2.5 In what circumstances will a works council have co-determination rights, so that an employer is unable to proceed until it has obtained works council agreement to proposals? I have a Thai family and have been living and working here, full-time, for almost 5 years. An employee is entitled to “special severance pay” in the following situation: â relocation of the place of business (Section 120 of the LPA); â if the employer relocates its current workplace which causes material impact to the ordinary course of living of employees or their families, the employer must notify the employees no less than 30 days in advance of the relocation date. âIf foreign labor disappears, these boats will remain docked,â said Mongkol Sukjareonkhana, chairman of the Thailand Fishery Cooperative. A minimum of 10 workers, having Thai nationality, who are under the same employer or in the same kind of work can form a labour union, and at least two labour unions can form a labour federation, and must register union regulations at the Department of Labour Protection and Welfare. There is no requirement to provide any written information to the employee. 3.3 Are there any special rules relating to sexual harassment (such as mandatory training requirements)? Thai public says No to foreign tourism and also predicts 1 to 2 years for travel to return to normal 6.9 Does an employer have any additional obligations if it is dismissing a number of employees at the same time? According to Section 17 of the Labour Protection Act B.E. 8.3 Are employers entitled to carry out pre-employment checks on prospective employees (such as criminal record checks)? Members are elected by the employees and, where appropriate, appointed by the labour unions, the number of which vary depending on the numbers of employees. The welfare committee has the duty to discuss the welfare with the employer and propose to the Committee on Labour Welfare. Visitor Times Posted Date 4 May 2018 facebook If foreigners arrive in Thailand legally, employer must register social security, which will receive benefits as the insured Thai. A labour union is entitled to elect the entire employee’s committee where more than half of the employees of the company are members of the labour union or elect one member more than those not elected by the labour union if more than one-fifth of the employees of the company are members of the labour union. All forms of discrimination stated in question 3.1 are illegal. Key ministries met on Sunday to discuss access by foreigners to the kingdom and a tourism relaunch. It has been suggested that Wages in Thailand be merged into this article. Furthermore, although the Thai Supreme Court has not addressed the issue in substance, previous decisions of the Court also appear to support the â¦ An employment contract is not required to be in writing under Thai law. A pregnant employee is entitled to full pay of up to 45 days of wages during the maternity leave. There are four different types, depending on the employeeâs country of origin. Siam Legal International does not claim any rights over the republication of Thai laws within this website. Bricklaying, carpentry and other construction tasks. Thai Education Thai Labor Protection Act for Teachers and Other Foreigners â If an individual lures a victim into work in Thailand (i.e., domestically, without crossing borders), the penalties are up to 3 years imprisonment or fines not exceeding 60,000 baht (1,714 USD) or both. Such restrictions often prevent an employee from working in competition with the employer or prevent an employee from taking clients with them after the termination. Keywords: Labour Law, Termination, Thailand, Employee. However, the Court has not set a clear rule as to the extent an employee’s use of social media can be controlled by employers. Police General Adul Sangsingkea, Minister of Labor, welcomes Mr.Pirkka Tapiola, Ambassador Extraordinary and Plenipotentiary of the European Union to Thailand. Under the LPA, the employer who fails to ensure equality in the workplace, causes sexual abuse, harassment or nuisance to an employee is subject to a fine not exceeding THB 20,000. 3.8 Are there any specific rules or requirements in relation to whistleblowing/employees who raise concerns about corporate malpractice? 9.3 How long do employment-related complaints typically take to be decided? Siam Legal is an international law firm with experienced lawyers, attorneys, and solicitors both in Thailand law and international law. Other sources are the Labour Relations Act B.E. 1.1 What are the main sources of employment law? Thai laws define resident individuals as those who have lived in the country for an aggregate period of 180 days in any calendar year. In another case, the Supreme Court of Thailand opined that the employee wilfully caused damage to the employee by posting personal statements on Facebook although the employee intended only to express grievances. 2550 (2007). However, if the termination of employment is made without cause or without reasonable cause and fairness to an employee, the employee would be entitled to file a claim for unfair termination. Foreign workers in Thailand however â¦ Yes, in case the employees refuse to give a consent, or the seller does not wish to employ and terminate such existing employees without cause due to the transfer of employment, the employees are entitled to severance pay upon termination. New law looks to protect the interests of the foreigner The Government Gazette published a Royal Decree on Recruitment of Foreigners on August 15 th 2016 . 2.2 What rights do trade unions have? 1) Dismissal based on an individual employee: The employee is entitled to the following payments: â severance pay which will be calculated based on the duration of services (see the table below); â advance notice payment where an advance notice is not given to the employee; and. The judgment or order of the Labour Court can be appealed to the Supreme Court within 15 days of the judgment being given. What are the remedies for a successful claim? I am working for a BOI company in Bangkok. It should be noted that notwithstanding the legality of the business's undertakings pursuant to the Foreign Business Act, an individual's undertaking pursuant to the Thai Labor Code may be restricted notwithstanding the fact that the Foreign Business Act permits a company to undertake certain types of business activity, the labor â¦ 2518 (1975) (LRA), the Act Establishing the Labour Court and Labour Court Procedure B.E. Download our âLabour Law and Employment in Romania â 2020 Guide (PDF) ... under the terms expressly provided by the law: maximum number of defined employment agreement is 3 successive ones, and the maximum period is 36 months. The terms of statutory entitlements must not be limited or restricted in the employment contract, and in some cases including practices between the employer and employee. Yes. 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. As a general rule, there is no specific provision regarding the entitlements and obligations of the employer on the personal data of employees, unless it is provided for in the employment contract. Ministers suggest an easing of the travel ban for some tourists but a continued state of emergency The employer is obliged to organise a meeting to consult with the employee’s committee at least once every three months or upon the request of more than one-half of the employee’s committee members or the labour union. permanent or part-time employees, employees under special employment contract, employees under probation period, and employees under a fixed-term contract are protected under the LPA, apart from Government and State Enterprise employees that are subject to specific regulations. Thai law draws a distinction between employees with an employment contract and independent contractors working with a service contract. 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. Despite the fact that such foreigners are working in Thailand illegally, Thai Labor Court rulings appear to support the policy that they are still protected under Thai labor law. The good news is that the Thai government has fixed minimum wages for foreigners working in Thailand which are obviously significantly higher than the minimum wages for Thai people. All types of employees, i.e. In order to employ a foreign national, the Department of Employment will look at things such as: whether the work could be done by a Thai; that the foreigner is appropriately â¦ â restrictions on work suspension. R&T Asia (Thailand) Limited, Saroj Jongsaritwang 9.4 Is it possible to appeal against a first instance decision and if so, how long do such appeals usually take? 8.4 Are employers entitled to monitor an employee’s emails, telephone calls or use of an employer’s computer system? Section 15 of the LPA and the Gender Equality Act B.E. In order to resolve the issue of illegal foreign workers in Thailand, and regulate those who hire them or help to bring them into the country, the government has urgently promulgated a new law, entitled the Royal Decree on Managing the Work of Foreigners B.E. In the case that the employee’s committee acts as the welfare committee in the workplace, matters relating to employees’ welfare is determined by the discussion between the employer and the employee’s committee. Supawat Srirungruang The labour law of Thailand takes place under the framework of several acts of parliament and decrees, primarily the Labour Protection Act, B.E. Thai Labor Protection Act also provides for provisions regarding foreign workers or non workers or non resident aliens in Thailand. In Thailand, it is commonly known as the “Agreement relating to Conditions of Employment”, and it can take place at the company and industry level. Thailand has not as yet enacted a personal data protection law. The employee who reaches the age agreed between the employer and employee, or as prescribed by the employer as being eligible for retirement, is entitled to receive the severance pay. Associate judges are appointed from persons in the lists of representatives of the employers and the employees compiled by the Labour Department in accordance with the vote casted by members of the employer association and the labour union registered in the territorial jurisdiction of the Labour Court concerned. Based on the draft Amended LPA publicly available, the Amended LPA will come into force after 30 days from its publication in the Royal Gazette. â any employees, employee representatives, committee or sub-committee members of a labour union or labour federation relating to agreement relating to conditions of employment or its amendment who has been dismissed during the time that the request is submitted to the employer under the LRA. 6.4 Are there any categories of employees who enjoy special protection against dismissal? In this article I will outline the aspects of the Thai labour law concerning teachers in Thailand as covered by the Labour Protection Act, B.E. Thailand Further, Section 8 prohibits any undue act by electronic means to intercept another person’s computer data while being transmitted through a computer system. Yes. Independent contractors are primarily governed by the “Hire of Work” provisions under the CCC. 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