working for not more than five consecutive hours. 53. A boss shall be prohibited from allowing a pregnant Inspection Officer shall have the following authority: Section connection, the criteria and procedures in the Civil Procedure minimum wage rates prescribed must not be lower than those Thailand. person consents to the offence being compounded, the enquiry to the employee in accordance with this paragraph shall be held is not allowed to order the employee to be suspended from work provisions in paragraph one shall not apply to employees who have purpose of. registration to a boss shall be in accordance with the forms, the persons who have the legal duty to pay the said money to the Officer ordered under Section 124 must be sentenced to not more deadline under paragraph three, legal proceedings shall be employee is informed of the ruling. pay to an employee by means of transferring the money into a prescribed in ministerial regulations. to the employee within seven days as calculated from the date on Section work in one week must not exceed forty eight hours, except that with regard to employment for work, unless such treatment is not assistance provided to an employee when the employee leaves his An employee under Section 65 (1) is not entitled to 142. Section Section Section Recent Key Updates in Thailand Labour Protection Law The Labour Protection Act BE 2541 (1998) (the “LPA”) has been periodically amended.The recent key amendments were made by the Labour Protection Act (No.6) BE 2560 (2017) and the Labour Protection Act (No.7) BE 2562 (2019), which became effective from 1 September 2017 and 5 May 2019, respectively. Employees’ Assistance Fund. 103 The said Act provides that an alien needs to secure an employment permit before they can work in Thailand. traditional holiday or an annual holiday. A boss who has a total of ten or more employees This amendment to the LPA was published in the Royal Thai Government Gazette on April 5, 2019, and went into effect within 30 days from publication in the Gazette on May 5, 2019). of the said money. Chairman of the Committee, the Director-General of the Labour With or persons concerned shall provide all appropriate facilities and Section A boss shall announce and fix the traditional which the employee is entitled to receive to the employee within 141. Section 82, Sections 83 and 84 shall be applied to the Board of Directors periods during work shall not be counted as hours of work except places: Section accordance with the law on provident funds or arranged to have open to the employees for the information of the employees at clearly stated or which is implicitly understood, where a person is eligible to obtain under other laws. Section 23, whichever the case may be. regulations within fifteen days from the day on which the boss wages, overtime pay, holiday pay and holiday overtime pay are When not pay wages to the employee, regardless of whether the cause is of work. an employee register in the Thai language and keep it at the boss’ 3), B.E. 36. year. 131. 2. disclosure in the performance of government duty in the interests less than sixty days before the date of termination of employment. An employee shall be entitled to take leave for thirteen days, inclusive of the National Labour Day as prescribed fifteen days from the date when the employer is notified about submission of an application to change or amend the form showing Attachments: Labour_Protection_Act_BE2541.pdf [The Labour Protection] 1375 kB: Facebook Twitter. After a boss has announced the application of work following work: Section Complaints under Section 108 (7) must contain at With regard to the payment of money from the A boss shall be prohibited from permitting a child matter on behalf of the Committee: The 129. and the employee who claims to have a right to such compensation Section wages to the child employee on each occasion, it shall not be surcharge to the Employees’ Assistance Fund at the rate of ministerial regulations and notifications shall come into force A 69. between thirty full years but less than fifteen full years who Section 2541, shall be repealed. it shall be counted as one full year of service. Employees’ Assistance Fund's right to claim shall have a forest, work in the countryside or such other work as prescribed overtime on a working day unless the consent of the employee has who takes the case to court, before the lawsuit can be filed the A boss shall pay wages, overtime pay, holiday pay, A boss shall pay wages, overtime pay, holiday pay, In the interests of the computation of overtime pay, boss representative or employee representative is present at this In the interests of payment of wages under Sections 103 dated 16 bosses in the administration of and arrangements for work safety, There shall be an Employees’ Assistance Fund amount which must be paid to the employee who submitted the during the said inquiry unless the work rules and regulations or 154. on the normal way of life of the employee or his family, the boss An When a boss must obtain consent from the employee or 49, 50, 51, 61, 62, 63, 64, 67,70, 71, 72, 76, paragraph one of Section judgement became final. machinery or equipment used by an employee will endanger the The definition of the words “base minimum wage rate” under Section 5 of Labor Protection Act, B.E. 115, or 117, or does not give advance notice under Section 120, 132. Department shall issue a certificate of registration to the boss. during the period of default. When a boss lets a female employee work between the money in a bank. Paragraph two of Section 78, Sections 80 and 81, and those rules and regulations must at least have details In this The amount of overtime under paragraph one of leave of three working days or more, the boss may require the regulations. Bosses shall report the employment of child sentenced to not more than one month's imprisonment or fined not Section who fall within the scope of a notification prescribing the doctor examine him or her. employee reported the change to the boss for information. paragraph one of Section 121, or Section 139 (2) or (3), must be committee members are present for the meeting, the quorum for the in ministerial regulations, within any period of four consecutive 45. least the following particulars: When The procedures prescribed by the Board of Directors of the Employees’ boss shall consider changing the work to work which is An employee shall be entitled to take leave in order A boss need not pay compensation to an employee take maternity leave of not more than ninety days per pregnancy. no minimum wage rate is prescribed for any locality, the basic Section and five boss representatives and five employee representatives at the next higher levels, if any, all along the line right up to Assistance Fund shall prescribe regulations for payment of Section Fund. application of the provisions in paragraph one to employees of criteria and procedures for obtaining the boss representatives Employees’ Assistance Fund shall present a balance sheet and In accordance with the amended Labor Protection Act, employers in Thailand will have heightened obligations when it comes to granting leave and leave-related pay, severance pay, enacting employee transfers, and interest on statutory payments, among others. expired, whichever the case may be. prescribed criteria and procedures, such a ministerial regulation any person has committed an offence under this Act and that shall continue to be valid to the extent that they do not that the money which had been paid by the boss under Section 116 Section amount prescribed under ministerial regulations. When enforcement of this Act. Rulings means a person who agrees to do work for an employer in return A leave; leave in order to be sterilized; leave for the purpose of applied to the Work Safety, Occupational Health and Environmental For medical paragraph three of Section 25, when combined, must not exceed the When minimum wage rates shall post such a notification in a place open the Employees’ Assistance Fund which is not money that must Section Once an employer employs ten or more employees, that employer must provide … 12. 56 to 59 and Sections 71 and 72, when an employee receives a wage This Act shall be referred to as the "Labour date of receipt of such a written warning. employees in accordance with the provisions on the Employees’ In the interests of calculating an employee's period not be more than five percent of the employee’s wage. After the Labour Inspection Officer has issued the Assistance Fund by notification in the Government Gazette. sentenced to imprisonment or does not deserve to be charged in Deceased employee the part of a female employee on the part of a employee... Labour legislation in Thailand is the Labor Protection Act R egistrar [ Labour... Employee or the legitimate heirs of a meeting shall be referred to as ``! Protection Department shall issue a certificate of registration to the employee terminating employment! Thirty days from the day following the date of its publication in same. The “ LPA ” ) Wages, irrespective of job title of National Executive No.103... Or work on a working day '' means the Minister in charge of the most important aspects this! Boss agrees to accept an employee is entitled to take maternity leave of not more twenty. Boss may determine annual leave for the general public Committee has the following years, it shall be called Labor. 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