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Labour relations and working conditions
Labour legislation
The legislation in Thailand dealing with the employment and protection of labour includes the Civil and Commercial Code, the Labour Relations Act 1975, the Social Security Act 1990, the Workmen’s Compensation Fund Act 1994 and the Labour Protection Act 1998.
The Department of Labour Protection and Welfare, an organisational unit to the Ministry of Labour and Social Welfare, is in charge of implementing labour laws and performing labour inspections throughout the country, in coordination with the Ministry of Public Health and Industry.
The Labour Relations Act provides for the establishment of employee associations and labour unions. Labour unions registered under the law can submit demands for better conditions of employment and carry out other activities for the benefit of their members.
Labour Protection Act
The Labour Protection Act 1998 is the principal law regulating the employment of labour. The Minister of Labour and Social Welfare is in charge of enforcing this Act and has the power to appoint labour inspectors and issue Ministerial Regulations and notifications under the Act.
Any claim or acquisition of rights or benefits under this Act shall not limit the rights or benefits of an employee under other laws. Unless otherwise provided for by the Act, an employer shall abide by the rights and duties provided under the Civil and Commercial Code with respect to its employees.
Work rules
Every employer with ten or more employees must establish written rules governing working conditions and file a copy with the Department of Labour Protection and Welfare within seven days from the date the rules are announced.
The work rules must be in the Thai language and as a minimum must contain particulars of the following:
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Working days, regular working hours and rest periods. |
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Holidays and rules for taking holidays. |
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Rules concerning overtime work and work on holidays. |
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Date and place of payment of basic pay, overtime pay, holiday pay and holiday overtime pay. |
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Leave and rules for taking leave. |
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Discipline and punishment. |
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Complaints. |
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Termination of employment, severance pay and special severance pay. |
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An employer shall give notice of the work rules within 15 days from the date upon which the workforce of the employer reaches a total of 10 or more employees.
An employer shall distribute and post the work rules in a conspicuous position at the work place.
Employee and wage records
An employer with 10 or more employees must also keep and maintain in the Thai language a register of employees and keep it at the place of business operations or at the office of the employer so that a labour inspector may readily inspect it during working hours. The employer shall make up the register of employees within 15 days from the date of an employee commencing work. The register must contain the minimum particulars prescribed by the law.
An employer having 10 employees or more must also prepare documents concerning the payment of basic pay, overtime pay, holiday pay and holiday overtime pay containing the minimum particulars prescribed by the law.
In making payment to an employee, the employer shall require the employee to sign the pay documents as evidence of payment. Where an employer pays an employee by means of transfer to his bank account, evidence of the transfer of money into the account of the employee shall be deemed to be a document relating to payment. |
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