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Thai Labor Laws – Labor Laws in Thailand | Foreign Staffing, Inc.
Thai labor law recommends that all employment contracts be formalized in writing.
The maximum amount of hours that may be worked are 8 per day and 48 per week.
For positions that may be hazardous to the employee, the maximum is 7 hours per day and 42 hours per week.
Employees must be permitted at least one hour of total break time throughout the day. After 5 hours of scheduled work, one hour of break is required.
Employers may have employees forgo the rest period (with the employee consent) if the nature or kind of work requires continuous performance, stopping may damage the work, or there is a valid and urgent need to continue with work.
The maximum overtime per week is 36 hours.
Although employers may not compel anyone to work overtime, it is permissible for employees to work overtime if consent is mutual. (panwagroup.net)
If an employee has worked for one year, he/she is entitled to 6 days of paid leave annually. These paid leave days may be postponed and accumulated per an agreement made between the employer and employee.
Either the employer or the employee may terminate an employment contract by providing notice if it does not specify any duration. The minimum notice period for termination is one pay period (unless otherwise stipulated).
There are certain statutory reasons for dismissal that excuse employers from offering severance pay. These reasons should be stated in the dismissal notice if the employer wants to use them as a defense in any subsequent proceedings that may occur.
Employees may be legally terminated without notice and forfeit severance pay when there is:
Intentionally damaging behavior towards employer
Serious damage to the employer caused by negligence
Abandonment of duties without cause for three consecutive days
Dishonesty about duties
Committing a crime against the employer
Violation of work regulation/orders of the employer, provided that a written warning has already been issued
Remanding to prison by court order, except for sentences imposed for negligence or petty offense
Employers may terminate an employee without cause if severance payment is made. An employee s length of service determines the amount of severance pay, as follows: employed for 120 days to one year, severance of 30 days; employed for one year to fewer than three years, severance of 90 days; employed for 3 years to fewer than 6 years, severance of 180 days; employed for 6 years to fewer than 10 years, severance of 240 days; employed for 10 years and over, severance of 300 days. (panwagroup.net)
No severance payment is required when:
The employment agreement was fixed time period, and employment expires at the contract s indicated expiration. (panwagroup.net)
All employees are entitled to sick leave with payment equal to the normal pay rate. Workers can collect this payment for up to 30 days if needed.
For maternity leave, pregnant employees are permitted a leave of no more than 90 days for each childbirth with payment for 45 work days.
Employees are entitled to at least one day off per week. The interval between days off cannot exceed six days.
Workers are entitled to a special severance pay of no less than 50% of the normal severance pay rates when the employee refuses to relocate due to a change of workplace. Furthermore, employers must notify employees at least 30 days in advance of the change of workplace or pay the equivalent of 30 days pay. (panwagroup.net)
An employee is entitled to 13 paid public holidays each year. If a public holiday falls on a normal day off, the next working day must be granted as a paid holiday . (panwagroup.net)
Thirteen paid holidays are chosen from 16 official Thai holidays including:
January 1 New Year s Day
January to March Makha Bucha Day
April 7 Substitution of Chakri Memorial Day
April 13 to 15 Sonkran
April 16 Substitution for Sonkran Day
May 1 Labor Day
May 5 Coronation Day
May 9 Royal Ploughing Ceremony Day
May 19 Visakha Bucha Day
July 17 Asarnha Bucha Day
July 28 Khao Phasna
August 12 Queen s Birthday
October 23 Chulalongkorn Day
December 5 King s Birthday
December 10 Constitution Day
December 31 New Year s Eve
Minimum wage depends on location in Thailand. Minimum wage rates vary from 148 Baht to 203 Baht.
Payment for overtime is normally set at 1.5 times regular rate. On holidays overtime payment should be at 3 times normal hourly rate. (panwagroup.net)
Unless the employer has agreed to another method or place of payment, employees must be paid at the work place. It is illegal to compel employees to accept payment as direct deposit.
(panwagroup.net) Alien Employment Act B.E. 2521 (1978)
Immigrants falling under the following categories are permitted to apply for a work permit:
Foreigners permitted temporary stay or residency in the Kingdom of Thailand. This excludes tourists/visitors.
Foreigners permitted to work in the Kingdom of Thailand under the investment promotion or other laws.
Foreigners permitted to work in particular locations rather than face deportation; foreigners working in specified locations while awaiting deportation; those born in the Kingdom but denaturalized or not granted citizenship.
According to stipulations of the Ministerial Announcement, those denaturalized or not granted citizenship may still work in various occupations.
The general statutory requirement states that a 4:1 ratio of Thai employees to foreign employees must exist at the workplace.
When applying for a work visa, foreigners must indicate a local sponsor (normally the employing company) to file the application.
International Law Office LLC. Thailand Labour Laws. Taladnuea sub-district, Muang District Phuket. International Law Office, . Web.
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