Important features of the laws relating to labor protection are as follow:

1. Security Deposit
2. Change of employer

1. Work Hours and Holidays
2. Rest Periods
3. Weekly Holidays
4. Traditional Holidays
5. Annual Holidays
6. Sick Leave
7. Maternity Leave
8. Military Leave

1. Minimum Wage
2. Overtime and Holiday Pay

Welfare and Workers Compensation

1. Working Conditions
2. Workers Compensation
3. Social Security Fund

Termination and Severance Pay

1. Rate of Severance Pay
2. Non-entitlement of Severance Pay
3. Special Severance Pay

1.Security Deposit ( Section 10 )

Employer cannot request or receive a security deposit from employee, except for the employee who responsible for money and property of the employer.

2.Change of employer ( Section 13 )

A change of employer for any reason, including of transfer of employment , shall not be affect to employee’s right by previous employer the new employer has to accept all right and obligations of the previous employer.

1.Work Hours ( Section 23 )

The maximum work hours;

1. Hazardous work is 7 hours per day and not more than 42 hours per week.
2. Other types of work are 8 hours per day and not more than 48 hours per week.

2.Rest Periods ( Section 27 )

Employerr must assign a 1 hour rest period after 5 consecutive working hours. It is permissible for employers and employees to agree to rest less than 1 hour per time but not less than 1 hour per day ( have to rest more than 1 time per day ).

3.Weekly Holidays ( Section 28 )

Employee is entitled at least one day of holiday per week and the interval between weekly holidays must not be more than six days. Any day may be agreed upon in advance as the weekly holiday.

4.Traditional Holidays ( Section 29 )

Employee is entitled to a minimum of 13 traditional holidays with pay per year, including the National Labor Day (May 1). The employer may select which traditional holidays will be recognized. When a traditional holiday falls on a weekly holiday it must be postponed to the following working day.

5.Annual Holidays ( Section 30 )

Employees who have worked for a continuous period of one year are entitled to an annual holiday of not less than six working days with pay per year. The annual holidays may, by mutual agreement, be accumulated and postponed to another year.

6. Sick Leave ( Section 32 and 57 )

Employee is entitled to sick leave for their illness actually incurred, but employer need not pay more than 30 days per year. Employer may require employee for a medical certificate for 3 consecutive sick leaves or more.

7.Maternity Leave ( Section 41 )

Pregnant employee is entitled to 90 days maternity leave with pay of 45 days. With medical certificate that she is unable to work in the previous duty, she will be entitled to request to change her duty for temporarily before or after giving birth.

8.Military Leave ( Section 35 )

Male employee is entitled to leave for the purpose of military service in connection with call up for in spection, military training or testing for readiness under the law on military service with pay during the period of leave but not exceeding 60 days per year.

Remuneration

1.Minimum Wage

Presently ( June,2000 ) the minimum wage ranges from Baht 162 per day in Bangkok and 6 other provinces ( Nonthaburi, Pathumthani, Samutprakarn, Samutsakorn, Nakhonpathom and Phuket, Baht 140 in Ranong, Pang-Nga, Chonburi, Saraburi, Nakhon Ratchasima and Chiangmai and Baht 130 elsewhere.( except certain agricultural workers.and employee in such other occupations as the Minister may stipulate )

2.Overtime and Holiday Pay ( Section 61, 62, 63 )

Employee is entitled to payment rate;

• Overtime on normal working day is “ one and a haft time “
• Normal time on Holiday is
• Increase a time rate for employees entitled to wages on holidays
• Increase twice rate for employees not entitled to wages on holiday
• Overtime on Holiday is “ triple time “

Welfare and Workers Compensation

1.Working Condition

The employer is required to provide clean drinking water, bathrooms, first aid and medical facilities, and safe, sanitary working conditions sufficient to accommodate the employees.

2.Workers Compensation

Workers who are injured or become ill in the normal course of their employment are entitled to medical disability. If a worker dies, his or her family is entitled to death benefits. The amount of compensation is small compared to other countries.

Employers who regularly employ 10 or more employee is required to contribute to the Workers Compensation Fund. The amount depends on the type of business, ranging from 0.2 to 2 percent of the employees' annual wages, with a maximum wage base of Baht 240,000 per year.

3.Social Security Fund

Any employer of 10 or more people must also contribute to the Social Security Fund. The fund presently provides funds for the loss of wages as a result of childbirth, and non-work related injury, disability or death.

By 1996, the benefits will be expanded to include child welfare and retirement. Although presently not in force, unemployment benefits are also contained in the legislation.

Working Rules

Employer with 10 or more employees must establish rules and regulations governing working conditions that must contain at least the following particulars

1. Working days, normal working hours and recreation periods
2. Holidays and rule governing holidays and work stoppage
3. Rules on overtime work and work on holidays
4. Date and place where wages, overtime payment, holiday overtime payment will be paid.
5. Leaves of absence and rules governing the leaves
6. Discipline and disciplinary measures.
7. Petition.
8. Termination of employment, severance pay and special severance pay

1.Rate of Severance Pay ( Section 118 )

An employee who has worked for a minimum of 120 days is entitled to severance pay for termination;

2.Non-entitlement of Severance Pay ( Section 119 )

Employer need not pay Severance Pay to employee who is terminated in any of following cases:

1. Ddishonesty to duties or deliberate commission of crime against the employer
2. Intentionally causing damage to the employer
3. Negligent causing serious damage to the employer
4. Violation of work regulations or orders of the employer and employer had already issued a written warning, except that in serious cases the employer need not have issued a warning.
5. Desertion of duty for three consecutive working days without reasonable cause.
6. Being imprisoned under a final judgement ordering imprisonment, except it is a sentence for an offence which was committed out of negtligence or petty offence.

If the parties have not fixed the duration of the employment, either party may terminate it by giving notice on or before the day prior to the final payday. No more than three months advance notice need be given, and the equivalent in salary may be paid in lieu of notice. Advance notice or pay in lieu is in addition to the severance pay requirements discussed above.

3.Special Severance Pay ( Section 121, 122 )

If an employer terminates an employee due to improvement in the organizational structure, manufacturing process, sale or service on account of use of new machinery, or change of machinery or technology, and in effect reduces the number of employees, the employer must notify the employee whose employment is to be terminated and the Labor Inspector at least 60 days in advance of the termination. The employer can also terminate the employment by paying the employee severance pay equivalent to the rate of the last 60 days' wages in lieu of notice. Additionally, if an employer, under these circumstances, terminates an employee who has worked for an unbroken period of at least six years, the employer is required to pay additional special severance pay. The additional special severance pay must be paid, in an amount not less than a sum equal to the last fifteen days' wages, for every full year of employment after the sixth year. According to the law, a period of more than 180 days is deemed to be a full year. The entire special severance pay shall not exceed a sum equal to the last 365 days wages.

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