Deemed Retirement Age Now 60 – Right to Statutory Severance

The Labor Protection Act of 1998, Section 118, (LPA) requires all employers in Thailand to pay severance to employees who are “terminated” by the employer without legal cause (as described in LPA Section 119).  The Thai courts interpret “termination” to include scenarios …

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Cabinet Approves Updates to Thailand’s Labour Relations Act

Thailand’s Labour Relations Act B.E. 2518 (1975) (“LRA”) governs the collective bargaining relationship between employers and employees as a group (such as employee unions or committees), not to be confused with the Labour Protection Act B.E. 2541 (1998) (“LPA”), which …

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Mandatory Provident Fund Coming in 2018?

Like many other countries, Thailand faces a demographic crisis where a rapidly aging population is belatedly preparing for a long post-retirement life.  By some estimates, the proportion of those over 65 will be 19.5 percent in 2030 and 25 percent …

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Severance Agreements and the FCPA

A recent U.S. Securities and Exchange (SEC) administrative proceeding against California based Health Net illustrates a challenge when documenting settlements with exiting employees in Thailand.  Heath Net used severance agreements that required employees to waive their rights to obtain monetary …

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Labour Department Goes Paperless For Work Rules

Late last year, the Department of Business Development introduced an e-filing service for the filing of annual financial reports, as highlighted here.  The Department of Labour Protection and Welfare (the Labour Department) recently took similar steps for filing work rules …

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When Employees Leave: What Employers in Asia/Pacific Need to Know about Protecting Company Rights and Confidential Information

PriceSanond partners Andrew Wynne and Pramote Srisamai recently authored the Thai section of a publication based on a 2015 webinar presented by a representative group of the Asia/Pacific members of the Employment Law Alliance focusing on “When Employees Leave: What Employers …

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Workplace Relations in Thailand

American Chamber of Commerce in Thailand 12 February 2016  Annual HR/Legal Update By: Pramote Srisamai and Douglas Mancill High Level Guidance on Thai Labor Law 1.       Generally The climate for workplace relations in Thailand is generally stable and hence favorable for …

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New Law for Home Workers

On 10 May 2011 the Protection of Persons Working from Home Act, B.E. 2554 (Home Workers Act), became effective.  Thailand has many labour laws, but did not have any laws specifically addressing employees who work at home before the Home …

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Thai Labour Unions

Pramote Srisamai and Stephen Helwig Thai law allows employees to form unions and sets out the requirements for forming a union.  At least ten employees at a “business location” can elect to form a union and obtain approval from the …

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General Pointers on Thai Labour Law

There is a fundamental difference between U.S. and Thai labour law in that U.S. labour law is flexible in nature (permitted unless prohibited), whereas Thai labour law is less flexible (prescriptive in nature). For example, U.S. labour law generally provides …

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