Thailand Law Library

by Thailand Lawyer

Chapter 6: Wage Committee

In a meeting where the Chairperson of the Committee is not present or unable to perform his or her duty, the members present shall elect one among themselves to be the Chairperson of the meeting.

A decision of the meeting shall be by majority vote. Each member shall have one vote. In the case of a tie, the Chairperson of the meeting shall have an additional vote as a casting vote.

The Wage Committee shall have power to appoint the following sub-committees to consider or perform any duty on behalf of the Committee:

1. the Minimum Wage Sub-committee;
2. provincial Minimum Wage Sub-committees; and
3. other sub-committees as deemed appropriate by the Committee.

The Wage Committee shall determine the quorum requirements and work procedures of each the sub-committee as appropriate.

In the performance of their duties, the Wages Committee, sub-committees, or a person assigned by the Wages Committees or sub-committee shall have the powers as follows:

1. to summon in writing any person to give statements or submit documents or any objects for consideration as necessary;
2. to require any agencies or persons to cooperate in conducting surveys of any undertaking which may affect the economy; and
3. to enter a place of business or an office of an Employer during working hours for the purposes of study, survey, research, examination or inquiry of facts in order to obtain information to be used in any consideration under Section 79. For this purpose, the Employer or concerned persons shall render facilities, submit or present documents, or provide facts and refrain from obstructing the performance of duty by such persons.

In the performance of their duties under Section 85, the Wage Committee, sub-committees, or a person assigned by the Wage Committee or sub-committee shall produce their assigned identity card or letter of authorization, as the case may be, to any concerned persons.

The credentials of the Wage Committee or sub-committees under paragraph one shall be in accordance with the forms prescribed by the Minister.

To determine the Minimum Wage Rate and Basic Minimum Wage Rate, the Wages Committee shall study and consider the prevailing rate of Wages received by Employees, together with other relevant factors, particularly the cost of living index, the inflation rate, standards of living, production costs, prices of goods, capabilities of business, labor productivity, gross national product, and the economic situation.

The Minimum Wage Rate as prescribed may be applied to any certain types or all types of undertaking in any locality.

The Minimum Wage Rate shall not less than the Basic Minimum Wage Rate prescribed by the Wage Committee.

Where the Minimum Wage Rate in a locality is not determined, the Basic Minimum Wage Rate shall be deemed to be the Minimum Wage Rate in such locality.

After having studied relevant information and facts as prescribed under Section 87, the Wage Committee shall prescribe the Minimum Wage Rate and other details as deemed appropriate, to be proposed to the Minister for publishing in the Government Gazette.

The Notification prescribing the Minimum Wage Rate under Section 88 shall apply to both Employers and Employees, irrespective of nationality, religion or sex.

Once the Notification prescribing the Minimum Wage Rate has come into force, the Employer is not allowed to pay Wages to an Employee at a rate less than the Minimum Wage Rate.

An Employer under the enforcement of the Notification prescribing the Minimum Wage Rate shall post the Notification conspicuously at the work place of Employees, throughout the period of enforcement of such Notification.

There shall be a Wage Committee Office in the Ministry of Labor and Social Welfare and it shall have duties and powers as follows:

1. to prepare plans and projects to be proposed to the Wage Committee and sub-committees;
2. to coordinate plans and the performances of the Wage Committee and sub-committees, including concerned agencies;
3. to compile, study, research, analyze and evaluate economic situations, labor living conditions, expansion of the labor market, labor productivity, investment, migration, and related information for the purpose of consideration by the Wage Committee and sub-committees;
4. to propose the results of study and technical information, and other supplementary measures to the Ministry of Labor and Social Welfare and concerned agencies for the development of Wages and income systems;
5. to follow up and assess the implementation of resolutions of the Wages Committee; and
6. to perform any other work as assigned by the Wages Committee or sub-committees.