Section Code: 0078 - 0082
LABOUR PROTECTION ACT B.E. 2541 (1998)
BHUMIBOL ADULYADEJ, REX.
Given on this 12th day of February B.E. 2541
Being the 53rd year of the Present Reign.
Chapter 6: Wage Committee
There shall be a Wages Committee, consisting of the Permanent Secretary of the Ministry of Labor and Social Welfare as Chairperson, four government representatives, five representatives each from both Employers and Employees appointed by the Cabinet as members, and an official of the Ministry of Labor and Social Welfare appointed by the Minister as the secretary.
Rules and procedure for obtaining the list of representatives of Employers and Employees under paragraph one shall be in accordance with the rules prescribed by the Minister.
The Wage Committee shall have the powers and duties as follows:
- to make recommendations concerning wage policy to the Cabinet;
- to make recommendations to the Cabinet in order to give suggestions to the private sector on Wage determination and annual Wage adjustment.
- to determine the Basic Minimum Wage Rate;
- to determine the Minimum Wage Rate which Employees should receive suitably to the economic and social situations;
- to make recommendations to the Cabinet to develop the Wage system;
- to give technical advice and guidance on the harmonization of interests among various organizations in the private sector;
- to report to the Minister; at least once a year, concerning Wage conditions and trends of Wages, including appropriate measures to be taken; and
- to perform other work as prescribed under this Act or any other laws to be part of the powers and duties of the Wages Committee or as assigned by the Cabinet or the Minister.
In making recommendations to the Cabinet, the Wages Committee may comment on the development of the national income system.
A member of the Wages Committee appointed by the Cabinet shall hold office for a term of two years. A member who has vacated office may be re-appointed.
Whereas a member of the Wage Committee appointed by the Cabinet vacates office prior to the expiration of his or her term of office, the Cabinet shall appoint a member of the same party to fill the vacancy, and the appointed member shall hold office for the remaining period of the replaced member. Except when the remaining period of the term is less than one hundred and eighty days, the appointment may not be required.
Whereas a member of the Wage Committee appointed by the Cabinet retires at the expiration of his or her term of office and a new member has not been appointed, such member shall continue in office and until the new member has been appointed to assume office. The appointment be completed within ninety days from the date of the former member vacation office.
In addition to the vacation of office upon the expiration of a term under Section 80, a member of the Wages Committee appointed by the Cabinet shall vacate office upon:
- Dismissal by the Cabinet on account of absence from meetings on three consecutive occasions without reasonable cause;
- Being a declared bankrupt;
- being an incompetent or quasi-incompetent person; or
- being imprisoned by a final judgment, except for offenses arising out of negligent acts or for petty offenses.
At a meeting of the Wages Committee, the presence of not less than one-half of the total number of the members of whom at least one member from each of the Employer and Employee parties, shall constitute a quorum.
In a meeting to determine the Basic Minimum Wage Rate or the Minimum Wage Rate under Section 79, the presence of not less than two-thirds of the total number of members, of whom at least two members from each of the Employer and Employee parties shall constitute a quorum. The resolution of the meeting shall be by at least two-thirds majority of the members present.
In any meeting to determine the Minimum Wage Rate where the quorum has not been obtained according to paragraph two, another meeting shall be held within fifteen days from the date of the appointment for the first meeting. In the subsequent meeting, even without the presence of an Employers’ or Employees’ member, a quorum shall be constituted if not less than two-thirds of the total members of the Wage Committee are present. The resolution of the meeting shall be by at least two-thirds majority of the members present.