EMPLOYMENT: WORKING FROM HOME

EMPLOYMENT: WORKING FROM HOME Amendment No. 8 to Labour Protection Act, 1998 On 3 January 2023 Thailand’s Parliament approved Labour Protection Act (“LPA”) No. 8, which now awaits publication in the Government Gazette before coming into effect.  It will add …

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MINIMUM WAGE UPDATE:

Thailand’s National Wage Committee has resolved, in their meeting No. 08/2022, held on the 26th of August 2022, that Thailand’s minimum wages will be increased to assist with inflation and increased cost of living pressures. The resolution, and wage increase, …

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Thailand Revokes Test and Go and Sandbox Schemes – Retains Thailand Pass System – Reduces Insurance Requirements

Effective 1 May 2022 Thailand is revoking the Test and Go and the Sandbox Schemes, and reducing Covid-19 insurance requirements for non-Thai citizens entering the Kingdom. For those who for at least 14 days prior to the date of travel …

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Developments in Judicial Interpretation of Labor Law

Although one sometimes encounters reference to a “precedent” decision from the Thai courts, in fact the decisions of the Thai courts – although frequently persuasive – do not form part of the body of the law.  Divergences in judicial interpretation …

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Employees Stand To Benefit Under Recent LPA Amendments

Following months of speculation, Thailand’s Labour Protection Act (LPA), the main law governing employer-employee relations in Thailand, was amended on December 13, 2018.  The changes are pro-employee and some of the more material ones are as follows: New Severance Pay …

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Minimum Daily Wage Increased For 2018

The National Wage Committee approved a nationwide increase to the minimum daily wage which became effective on 1 April 2018.  The new wage rate varies by province as follows: Minimum Wage (Baht) Provinces 308 Narathiwat, Pattani, Yala 310 Amnat Charoen, Chaiyaphum, …

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Employees Entitled To Voluntary Retirement at 60

By Piyawannee Watanasakolpunt and Suthasinee Neamsum Assisting individuals who reach retirement age has long been discussed.  Thailand has introduced a modest state pension scheme as well as saving incentives for employees in the form of welfare funds and provident funds.  An …

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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 High Level Guidance on Thai Labor Law 1.       Generally The climate for workplace relations in Thailand is generally stable and hence favorable for foreign investors. Large-scale, acrimonious labor disputes …

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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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