Employment & Labour
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
PriceSanond speaks at the British Chamber of Commerce
PriceSanond Partner Pramote Srisamai and Associate Nualporn Satawiriya gave a briefing on Thai Labour Law at the British Chamber of Commerce on 24th March 2014.
Employers, Employees and Social Media – Do Employees Have a Right to Privacy?
Employers are increasingly scrutinizing candidates’ use of social media such as Facebook, Linkedin and Twitter as part of their hiring due diligence. While most investigations have been fairly benign, amounting to nothing more than viewing social media postings by the …
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 …
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 …
Seconded Employees – Generous Benefits under Thai Labour Law
Prior to Enactment of LPA In 1980, the Thai Supreme Court held that seconded employees were not considered employees of a host employer and were not entitled to severance or other benefits under Thai labour law, unless such employees entered …
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 …