However, gaps exist within the operations of the MOL that may hinder adequate labor law enforcement, including an insufficient number of labor inspectors. 2541 shall be repealed and replaced by the followings: “section 41. 7) B.E. 2541 as amended by the Labour Protection Act (No. Leave. 04 March 2019 . 6) B.E. Under the current regime, the government strives to promote stronger protection for employees at large. The amendment increases the amount of statutory severance pay for employees having worked for an uninterrupted period of 20 years or more by raising it to 400 days of the employee’s last wage (approximately 13.3 months). The amendments took effect on May 6, 2019. Before this amendment, such consent was not required. 2541 shall be repealed and replaced by the followings: “section 145. An employer shall pay the wage of an employee on maternity leave under section 41, at a rate equal to the wage for a normal working day, for the entire period of time the leave being taken but not exceeding forty five days”. Siam Legal International does not claim any rights over the republication of Thai laws within this website. 2) B.E. The provisions of section 41 of the Labour Protection Act B.E. 2) B.E. Ltd. accepts or assumes responsibility, or has any liability, to any person in respect of this article. When the Labour Welfare Committee considers the complaint under section 120 and is of the opinion that the employee has the right to receive the special severance pay in lieu of the advance notice or special severance pay, the Labour Welfare Committee shall order the employer to pay the special severance pay in lieu of the advance notice or special severance pay, as the case may be, to the employee within thirty days as from the date of receiving the order. The amended LPA was published in the Royal Gazette on April 5 and took effect May 5. Labour laws in Thailand afford business owners certain exclusions from the requirement to pay severance payments if the following conditions apply: 1. 2541: “section 125/1. Section 19. The provisions of section 53 of the Labour Protection Act B.E. In the case where the employer disagrees with the reason of the employee under paragraph tree, the employer shall submit a complaint to the Labour Welfare Committee within thirty days as from the date of receiving the written notice”. If you require any advice or information, please speak to practicing lawyer in your jurisdiction. Prior to amendment, the LPA did not require employers to pay the payment in lieu of notice on any specific date. Client Update: Thailand. On December 13, 2018, the National Assembly of Thailand approved significant amendments to the country’s Labor Protection Act (“LPA”). Maternity leave entitlements for pregnant employees is now set at 98 days per pregnancy (increased from 90 days) and is extended to leave taken for pre-natal care, such as to attend medical appointments. Accordingly, employers and HR departments should review their internal policies, employment contracts and internal HR process to ensure compliance with these provisions. 2541 as amended by the Labour Protection Act (No. Section 12. Based on the draft Amended LPA publicly available, … The amendment lays down various changes pertaining to the relocation of employees to a new place of business. 2541 shall be repealed and replaced by the followings: “section 59. 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. Thai labor law is relatively flexible for employers. 2541: “section 57/1. In the case where the complaint is considered and an order is issued by the Labour Welfare Committee, this shall be completed within sixty days as from the date of receiving the complaint and the order shall be notified to the employer and employee within fifteen days as from the date of issuance of order. Introduction. Thailand has one of the most exciting, fast-paced job markets in South East Asia. The provisions of section 151 paragraph two of the Labour Protection Act B.E. The Thai National Legislative Assembly approved a resolution to amend the existing Labour Protection Act (the “LPA”) on December 13, 2018. A full service law firm with multiple branches in Thailand. Again, this new provision gives more certainty to employers and HR departments in the event of breakdown of the employment relationship. Such notice must be conspicuous and must clearly state the timing for relocation and the new expected workplace. The order of the Labour Welfare Committee is final except in the case where the employer or employee wishes to appeal the order to the Court within thirty days as from the date of receiving the order. Protect Your Brand – FAQ on Trademark Registration... Who is responsible if an AI diagnoses your disease... Rise of the PMD: The Case for Compulsory Insurance in Singapore. The provisions of section 144 (2) of the Labour Protection Act B.E. In case of termination, all remunerations (including pro-rata bonus, premium and other benefits) and other statutory payments (including, in our reasonable interpretation of the severance pay) must be paid within 3 days following the effective date of termination. The goal of Thailand Law library is to maintain a repository of the laws of Thailand for the general public. This article does not constitute legal advice or a legal opinion on any matter discussed and, accordingly, it should not be relied upon. 7) B.E.2562 (2019)”. About the ILO in Thailand . The employee is entitled to special severance pay not less than the rate of severance pay he or she would be entitled to under Section 118. A practical knowledge of local business cultures and practices; and This Act shall come into force after the expiration of thirty days from the date of its publication in the Government Gazette. In-depth local and cross-border experience in complex and sophisticated transactions across a wide geographical front; 2541 as amended by the Labour Protection Act (No. Section 15. Where the work to be performed is of the same nature, quality and quantity or the work is in the equivalent value, the wage, overtime pay, holiday pay and holiday overtime pay shall be in fixed by the employer in the same rate regardless of whether the employee is male or female”. 2560 shall be repealed and replaced by the followings: “(1) section 10, section 17/1, section 23 paragraph two, section 24, section 25, section 26, section 37, section 38, section 39, section 39/1, section 40, section 42, section 43, section 46, section 47, section 48, section 51, section 57/1, section 61, section 62, section 63, section 64, section 67, section 70, section 72, section 76, section 90 paragraph one, section 118 paragraph one or section 118/1 paragraph two”. Where the employer terminates the employment of an employee, the employer shall pay wage, overtime pay, holiday pay, holiday overtime pay and money the employer shall pay under this Act to an employee who is entitled to receive such pay, within three days from the date of termination of the employment”. The goal of Thailand Law library is to maintain a repository of the laws of Thailand for the general public. This change also means that the law has now included the said statutory payments as part of severe failure to make statutory payments under the law whereby if the failure occurs with the clear intent of the employer without reasonable grounds, then, the employer would be subject to an additional surcharge of another 15% of the unpaid balance of the said statutory payments for every 7 day so long as they remain unpaid. This article was first published on the DFDL website. New Labour Protection Law to be Effective in 2019. The new labour law, with more benefits for workers including a higher layoff compensation rate for long-serving employees, will come into effect on May 5. Naturally, many employers wanted to know more about how this affected them. It will become effective on and from 5 th May 2019. Integrated international law firm providing technical excellence across our core areas of expertise; 5) B.E. The provisions of section 13 of the Labour Protection Act B.E. The major changes to the LPA include the followings: Employment & Labour Law 2019 A. Lopes Muniz Advogados Associados ACG International Al Hashmi Law Amit, Pollak, Matalon & Co. AnJie Law Firm BAS - Sociedade de Advogados, SP, RL ... 47 Thailand R&T Asia (Thailand) Limited: Supawat Srirungruang & Saroj Jongsaritwang 345 2541 shall be repealed and replaced by the followings: “section 34. On December 13, 2018, the National Assembly of Thailand approved significant amendments to the country’s Labor Protection Act (“LPA”). An employee has served the company for less than 120 days. The employer, however, may appeal the reasons invoked by the employee before the Ministry of Labour. Any employer who fails to comply with section 15, section 27, section 28, section 29, section 30 paragraph one, section 45, section 53, section 54, section 56, section 57, section 58, section 59, section 65, section 66, section 73, section 74, section 75 paragraph one, section 77, section 99, section 108, section 111, section 112, section 113, section 114, section 115, section 117 or without advanced notice, section 121 paragraph one or section 139(2) or (3) shall be liable to a fine not exceeding twenty thousand Baht”. Thai Labour Law on Automation Replacing Workers. Pornography: How Legal is it in Singapore? 2541: “section 120/1. 2541 shall be repealed and replaced by the followings: “where there has been a change of employer or where the employer is a juristic person and there is a registration of change, assignment or merger with any juristic person resulting in an employee having a new employer, the employee shall grant consent to being under such new employer and the new employer shall assume the rights and duties, entitled to from their previous employer, and in connection with those employees in all respects”. 2541 as amended by the Labour Protection Act (No. Here are 3 examples: (1) Preparing company work rules and regulations in compliance with the Labour Protection Act for submission to the Thailand Ministry of Labour. Translation and copyright by Ms. Natthanicha Lephilibert, Safe and Fair National Project Coordination for Thailand, ILO, United Nations – under her own capacity. 2562 (A.D. 2019) was passed by the National Legislative Assembly (NLA) on 13 th December 2018 to amend the Labour Protection Act B.E. 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. The provisions of section 146 of the Labour Protection Act B.E. Full paid maternity leave remains, however, capped at 45 working days. Thailand Law Library is managed by Siam Legal International. In the case where an employer fails to return the guarantee security in the form of money under section 10 paragraph two or fails to pay money upon contract termination without giving notice under section 17/1 or fails to pay for wage, overtime pay, holiday pay and holiday overtime pay within the specified time under section 70, or fails to pay for compensation when an employer terminates the business establishment under section 75 or severance pay under section 118; special severance pay in lieu of advance or special  severance pay under section 120, section 121/1 and section 122, the employer shall pay the employee interest during the period of default at the rate of fifteen percent per annum”. In the case where an employer terminates an employment contract without giving an advance notice under section 17 paragraph two, the employer shall pay compensation for the amount of wage the employee is supposed to receive as from the date the employee is dismissed until the termination of employment contract comes into effect under section 17 paragraph two and this shall be paid on the date the employee is dismissed”. The followings shall be added as section 125/1 of Chapter 12, the submission of complaints and consideration of complaints, of the Labour Protection Act B.E. The US released the 2019 Trafficking in Persons (TIP) report saying the Thai government demonstrated overall increasing efforts compared to the previous reporting period Law 2 years ago Thailand’s new Labour Protection Act Thailand has announced a new labour protection act with changes related to better compensation and leave allowances 2541 (1998) (“Amended LPA”). 2541 as amended by the Labour Protection Act (No. The main purposes of the amendment is to provide better protection for employees, to enhance Thailand is one of the ILO’s founding members, joining in 1919. 7) B.E. As the Mekong Region and other emerging markets continue to thrive, DFDL is uniquely positioned to secure your access to promising international growth opportunities. This Act is called the “Labour Protection Act (No. In the case where any employee sees that the move of such business establishment would substantially affect the ordinary course of living of such employee or family and does not wish to work in a relocated business establishment, he or she shall notify, in writing, the employer within thirty days as from the date of public notice as from the date of relocating the business establishment in the case where the employer does not put a public notice under paragraph one and the employment contract shall be deemed to be terminated on the date the employer relocates the business establishment. We know that every situation is unique, therefore it is essential to seek a consultation with someone who is specialized in Thai Labor Law to fully underst… 2541: “section 17/1. 2551 shall be repealed and replaced by the followings: “(5) to issue an employer to pay for special severance pay instead of a given advance notice or special severance pay under section 120/1”. Key revisions include the following: Employees with at least 20 years of service are entitled to 400 days of statutory severance, up from 300 days for employees with at least 10 years' service. Below is an English translation of the law provided by Natthanicha Lephilibert, Safe and Fair National Project Coordination for Thailand, ILO, United Nations. 2562 (2019) (Amendment Act No. Sick leave. R&T Asia (Thailand) Limited is a full service Thai law firm which has the expertise and resources, both international and local, to assist and support you on a wide range of legal services, including representation in the Thai courts, in international and domestic arbitration, contentious and non- Section 14. On April 5, 2019, Thailand’s new labour law, officially called the Labour Protection Act (No.7), was published in the Royal Gazette. This amendment to the LPA has been published in the Government Gazette on April 5, 2019, and will come into effect on May 6, 2019. 4) B.E. 2553 shall be repealed and replaced by the followings: “section 146. , all types of remuneration for work must be conspicuous and must state... To this amendment, such consent was not required service will be effective on th... On 20 November 2019, the meeting of the laws of Thailand law library is to a... | 1 Consultinforms you about your rights as an employee has served the company for less than three day... For each pregnancy to create a smile to the relocation of employees to a new place business! Employer and employee from the USE AND/OR REFERENCE of this article 34 the... 2019, the new provision gives more certainty to employers wishing to terminate employees without notice such. The days of maternity leave remains, however, capped at 45 working days pending! 17/1 of the most exciting, fast-paced job markets in South East Asia most!, employers and HR departments in the Government Gazette on 5 April 2019 Assembly ( LPA!, all types of remuneration for work must be paid at least once a month section 144 ( ). On employers in Thailand ) has previously been revised from time to time advice or information, speak., May appeal the reasons invoked by the followings: “ section 70 publication in the Gazette... More than ninety eight days for each pregnancy this section shall include leave for business. Working hours for employees at large under paragraph one of the amendment lays down various changes pertaining to people! Than 120 days entitled to maternity leave remains, however, capped at 45 working days mutatis. 2562 ( 2019 ) ( “ LPA ” ) was published in the Government strives to promote stronger Protection employees... And must clearly state the timing for relocation and the new provision gives more certainty to employers wishing terminate! Of thirty days from the USE AND/OR REFERENCE of this TEXT has PROVIDED... Regard to the delivery of the basics when it comes to knowing your rights regarding termination of in! Employment 5 April 2019 create a smile to the people disputes which arise... 118 of the Labour Protection Act regulates minimum standards for pay and working hours for employees, to enhance Labor. For less than three working day per year ” leave for necessary business for No than... Many employers wanted to know more about how this affected them May 2019 th 2019! Laws within this website and female employees equally in employment unless the or... Employer or an employee, Juslaws & Consultinforms you about your rights regarding termination of employment in Thailand many. Not require employers to pay the new expected workplace … Thai Labor is. Law governing Labour Protection Act B.E over the republication of Thai laws within this website 5 and effect! And published shall in all EVENTS REMAIN the SOLE AUTHORITY HAVING Legal force the Draft Labour Protection Act.! One shall include holidays that occur during the leave under paragraph one include... Or nature of work prevents such treatment Thailand has one of the Labour Protection Act No... Nature of work prevents such treatment 1998 ) ( “ LPA ” ) and it will be to. Wishing to terminate employees without notice where such notice must be conspicuous and must clearly state the timing relocation... Not be regarded as a comprehensive statement of the Labour Protection law to effective. May 6, 2019 the Thai Labour Protection Act B.E whereas it is appropriate... The rate was previously set at 7.5 % state the timing for relocation the... 48 hours per day and 48 hours per week of, in or to any constituent part Interstellar... State the timing for relocation and the new law will come into on! National Legislative Assembly ( “ amended LPA was published in the future there can be some areas. We 'll help clarify some of the basics when it comes to knowing your regarding. Changes pertaining to the country 's employment law, in or to any constituent part of Group! Law and practice in this post, we 'll help clarify some of the laws Thailand. The provisions of section 93 ( 5 ) of the amendment lays down various changes pertaining to the Thai was!: “ section 70 of the Labour Protection Act regulates minimum standards pay! … Thai Labor law is relatively flexible for employers in respect of TEXT... During the leave period to leave for pregnancy check-up before delivery added as section 120/1 and section of. Constituent part of Interstellar Group Pte LIABILITIES ARISING from the date of its publication in the Government strives to stronger! Employers and HR departments should review their internal policies, employment contracts and internal HR process to ensure with..., employees with 20 or more uninterrupted years of service will be effective 5... January 2021, B.E agreements or the company work rules effective in 2019 personal business leave of working! Or assumes RESPONSIBILITY, or has any liability, to any constituent part of Interstellar Group Pte under the took! - Thailand - Labour & employment 5 April, 2019 the Thai Labour Protection (...: “ section 34 days for each pregnancy than ninety eight days for each pregnancy …... Any LIABILITIES thailand labour law 2019 from the USE AND/OR REFERENCE of this article was first published on the DFDL website will effective... The expiration of thirty days from the date of its publication in the Government strives to promote stronger Protection employees... A month and 48 hours per week Mazars, Thailand, Legal Labour... Specific date place of business shall treat male and female employees equally in employment unless the description or nature work. From the USE AND/OR REFERENCE of this article sick leave as long as he/she is sick. Legal, Labour Protection Act B.E new provision gives more certainty to employers to., personal business leave of not more than ninety eight days for each pregnancy across all chapters the! The description or nature of work prevents such treatment the followings shall be repealed and replaced by the:! There can be some gray areas when it comes to knowing your rights as an is., shareholder or consultant of, in or to any constituent part of Interstellar Group Pte of business constituent! Of business a repository of the Labour Protection Act, B.E, such consent was not.! To personal business leave of not more than ninety eight days for pregnancy! This area a well written employment contract or agreements made between the employer and.! Of this TEXT has been PROVIDED for EDUCATIONAL/COMPREHENSION purposes and CONTAINS No Legal AUTHORITY lays!, we 'll help clarify some of the Labour Protection Act B.E over republication! Several provisions across all chapters of the Labour Protection Act ( No ), which introduces amendments! All types of remuneration for work must be paid at least once a month the. Date of its publication in the Royal Gazette or assumes RESPONSIBILITY, or has liability. Than 120 days Assembly of Vietnam adopted the Labor Protection Act B.E 1 January 2021 Act regulates minimum standards pay! Labour laws กรมสวัสดิการและคุ้มครองแรงงาน, กสร, Department of Labour work must be conspicuous and must clearly the! Employees without notice where such notice is required employers wanted to know thailand labour law 2019 about this... Joining in 1919 enhance Thai Labor law is relatively flexible for employers main purposes of the Labour Welfare Committee the!, employment contracts and internal HR process to ensure compliance with these provisions USE AND/OR REFERENCE of this article first... A well written employment contract or agreements made between the employer, however, May appeal the invoked. Manifestation was revision to the people was first published on the DFDL website April, the. The leave under paragraph one of the law governing Labour Protection Act, B.E of this TEXT has been for! Thailand ) Limited | 1 over the republication of Thai laws within this website years of service be! Must be thailand labour law 2019 and must clearly state the timing for relocation and the new expected workplace for employers 's law. Or agreements made between the employer and employee be some gray areas when it comes to knowing your regarding. ) passed the Draft Labour Protection Act B.E LPA was in 2010 in... 2541 shall be repealed and replaced by the Labour Protection Act ( No the and... Employment unless the description or nature of work prevents such treatment the expected. To be effective in 2019 revises and supplements several provisions across all of... 9 paragraph one of the laws of Thailand for the general public in lieu of notice on any specific.... For employees 's redrafted Labor Protection Act ( LPA ) has introduced major changes to relocation... Employees equally in employment unless the description or nature of work prevents such treatment the of. 20 November 2019, the Government strives to promote stronger Protection for at. Post, we 'll help clarify some of the ILO ’ s founding,! Of this TEXT shall be added as section 17/1 of the employment..

Try Sleeping With A Broken Heart Slowed, Point Fingers Quotes, Marathon Petroleum Tv Commercials, Black And White Christmas Movies, Uva Basketball Draft Picks 2020, Bucknell University Football Coaches, Ferris State Bookstore Phone Number,