AAA’s Labor Law practice target’s companies who find themselves defending themselves against a claim from their employees (usually unfair dismissal). AAA also review contract agreements before a worker starts work to make sure it complies directly to Thai law.
We do believe however that prevention is better than the cure, so with this in mind for small companies, we recommend retaining us to take care of employee contracts and visa applications, which will actually save you money over hiring dedicated Human Resources staff.
Reference: Labor Law in Thailand
Section 15 An employer shall equally treat male and female employees in
employment with the exception of cases where the nature or conditions of work
precludes such treatment.
Section 16 An employer or a person who is a chief, supervisor, or inspector shall be
prohibited from performing any act of sexual harassment against an employee who is
a woman or a child.
Section 17 A contract of employment shall expire upon the completion of the period
specified in the contract of employment; advance notice is not required.
In case where no definite expiry period is specified in the contract of
employment, an employer or an employee may terminate such contract by giving
advance notice in writing to the other party before or at the due date of wage payment
in order to take effect at the following due date of wage payment, but neither party is
required to give notice more than three months in advance.
CHAPTER 2
Employment of Labour in General
Section 23 The employer shall notify employees of the normal working time
whereby the commencing and ending time of work of an employee in each day is
specified not exceeding the maximum working time allowed for each type of work as
prescribed in the Ministerial Regulation; provided it shall not exceed eight hours per
day and the total working time per week shall not exceed forty-eight hours, except
for types of work which may be hazardous to the health and safety of the employee
as prescribed in the Ministerial Regulation, for which the normal working time shall
not exceed seven hours per day and the total working time per week shall not exceed
forty-two hours.
In cases where an employer is unable to specify the commencing and ending
time of work in each day due to the nature or condition of the work, the employer and
employees shall agree to specify working hours in each day not exceeding eight hours
per day and for a total per week not exceeding forty-eight hours.
Section 27 On a day of work, an employer shall provide for an employee a rest
period during work of not less than one ours per day, after the employee has been
working for not more than five consecutive hours. The employer and the employee
may agree in advance that each rest period may be less than one hour but in aggregate
not less than one hour per day.
Section 28 An employer shall provide for an employee a weekly holiday of not
less than one day per week, and the interval between weekly holidays must be not
more than six days apart; the employer and the employee may agree in advance to fix
any day as a weekly holiday.
In cases where an employee performs work in the hotel business, transport
work, forestry, work in a remote place, and other kinds of work as prescribed in
the Ministerial Regulation, the employer and the employee may agree in advance
to accumulate and postpone weekly holidays to be taken at any time, but it must be
within a period of four consecutive weeks.
CHAPTER 3
Employment of Women
Section 38 An employer shall not require a female employee to do any of the
following work ;
( 1 ) mining or construction work to be done underground, underwater, in a cave,
in a tunnel or mountain shaft, except that the nature of the work is not hazardous to
the health and safety of the employee ;
( 2 ) work which must be done on scaffolding ten metres or more above the
ground ;
( 3 ) producing or transporting explosive or inflammable material ;
( 4 ) other kinds of work as prescribed in the Ministerial Regulation.
Section 41 A female employee who is pregnant shall be entitled to maternity
leave of not more than ninety days for each pregnancy.
Leave taken under paragraph one shall include holidays during the period of
leave.
CHAPTER 4
Employment of Children
Section 44 An employer shall not employ a child under fifteen years of age as
employee.
Section 45 In the case of employment of a child under eighteen years of age,
the employee shall comply with the following :
( 1 ) notify a labour inspector regarding such employment of a child employee
within fifteen days from the date the child commences work ;
( 2 ) prepare a record of employment condition in case of a change, to be kept at
the place of business or at the office of the employer, to be ready for inspection by a
labour inspector during working hours ;
( 3 ) notify the labour inspectors regarding termination of employment of a child
employee within seven days from the date the child is dismissed.
The notification or the record under paragraph one shall be in accordance with
the form prescribed by the Director-General
CHAPTER 11
Severance Pay
Section 118 An employer shall pay to an employee who is terminated as
follows :
( 1 ) an employee who has worked for an uninterrupted period for one hundred
and twenty days but less than one year shall receive payment of less than the last
rate of wages for thirty days or not less than the wages for the last thirty days for an
employee who receives wages on a piece-rate basis ;
( 2 ) an employee who has worked for an uninterrupted period of one year but
less than three years shall receive payment of not less than the last rate of wages for
ninety days, or not less than the wages for the last ninety days for an employee who
receives wages on a piece-rate basis ;
( 3 ) an employee who has worked for an uninterrupted period of three years but
less than six years shall receive payment of not less than the last rate of wages for
one hundred and eighty days, or not less than the wages for the last one hundred and
eighty days for an employee who receives wages on a piece-rate basis.
( 4 ) an employee who has worked for an uninterrupted period of six years but
less than ten years shall receive payment of not less than the last of wages for two
hundred and forty days, or not less than the wages for the last two hundred and forty
days for an employee who receives wages on a piece-rate basis.
( 5 ) an employee who has worked for an uninterrupted period of ten years
upwards, shall receive payment of not less than the last rate of wages for three
hundred days, or not less than the wages for the last three hundred days for an
employee who receives wages on piece-rate basis.
Termination of employment under this Section means any act by which the
employer refuses to allow an employee to work and does not pay him or her wages,
regardless of whether the grounds for termination is expiry of the employment
contract or any other cause, and includes cases where the employee goes not work and
receives no wages on the grounds that the employer is unable to continue the business
undertaking.
The provision of paragraph one shall not apply to an employee whose employment is
for a definite period and the employment is terminated at the end of the period.
Employment with a definite period is allowed for employment in specific
projects that are not the normal business or trade of the employer and require
a definite period of commencement and ending of work, or in work which is
occasional with a definite ending or completion, or in work which is seasonal and the
employment is made during the season, and such work is to be completed within the
period of not exceeding two years and the employer has made a written contract with
the employee at the beginning of employment.
Section 119 An employer shall not be required to pay severance pay to an
employee whose employment is terminated for any of the following acts:
( 1 ) performing his duties dishonestly or intentionally committing a criminal
offence against the employer ;
( 2 ) intentionally causing damage to the employer ;
( 3 ) causing serious damage to the employer as the result of negligence ;
( 4 ) violation work rules or regulation or order of the employer which are lawful
and just, after written warning has been given by the employer, except in a serious
case, for which the employer is not required to give warning.
Such written warning shall be valid for not more than one year from the date the
employee committed the offence.
( 5 ) neglecting his duties without justifiable reason for three consecutive
working days regardless of whether there is holiday in between or not ;
( 6 ) being imprisoned by a final judgment of imprisonment with the exception of
a penalty for negligent or petty offences.