Thailand Law Library

by Thailand Lawyer

Chapter 1: General Provisions

A claim for or the acquisition of a right or benefit under this Act shall not deprive an Employee of a right or benefit to which he or she is otherwise entitled under other laws.

The Minister shall have the power to appoint the competent official whose qualification is not lower than a Bachelor’s degree in law to have the power to institute a prosecution or defend a labor suit for an Employee or a statutory heir of a deceased Employee, and, upon notification to the court by the Minister of Labor and Social Welfare, to have the power to continue any proceedings to their completion.

Whereas an Employer fails to pay back a deposit under Section 10 paragraph two, or fails to pay Wages, Overtime Pay, Holiday Pay or Holiday Overtime Pay within the period prescribed under Section 70, Severance Pay under Section 118, or Special Severance Pay under Section 120, Section 121 and Section 122, the Employer shall pay interest to the Employee at a rate of fifteen percent per annum during the default period.

Whereas an Employer intentionally fails to pay back or make a payment under paragraph one without reasonable cause, after the lapse of seven days from the due date of restitution or payment, the Employer shall pay to the Employee additional fifteen percent of the amount due every for even days that the amount remains outstanding.

Whereas an Employer is ready to return or to pay the money under paragraph one and paragraph two and remits the money to the Director-General or to a person entrusted by the Director-General in order to pay to the Employee, the Employer shall not pay any interest or additional money as from the date of remission of such money.

Under Section 51 paragraph two, an Employer shall not demand or accept a deposit for employment or damage of work from an Employee, except for work where the Employee is required to be responsible for money or property of the Employer, which may cause damage to the Employer. The description or nature of work of which an Employer is allowed to demand or accept a deposit from an Employee, as well as the amount of money and the means of keeping, shall be in accordance with the rules and procedures prescribed by the Minister.

Whereas an Employer demands or accepts a deposit or makes a guaranteed contract with an Employee to compensate for damage done by the Employee, upon the termination of employment by the Employer or the resignation by the Employee or the expiry of the guaranteed contract, the Employer shall pay back the deposit thereof plus interest, if any, to the Employee within seven days from the date of the termination of employment by the Employer or the resignation by the Employee or the expiry of the guaranteed contract, as the case may be.

The occurrence of debt as a result of a failure of an Employer to pay Wages, Overtime Pay, Holiday Pay, Holiday Overtime Pay, Severance Pay, Contributions, Supplementary Contributions or additional money to an Employee or to the Department of Labor Protection and Welfare, as the case may be, shall have a preferential right on all property of the indebted Employer at the same rank as the preferential right in taxes and duties under the Civil and Commercial Code.

Whereas an Employer is a Sub-contractor, all the Sub-contractors before him, if any, including the First Contractor, shall be jointly liable with the Sub-contractor who is the Employer for payment of Wages, Overtime Pay, Holiday Pay, Holiday Overtime Pay, Severance Pay, Special Severance Pay, Contributions, Supplementary Contributions or additional money.

The First Contractor or Sub-contractors under paragraph one shall have the right to take recourse for the money paid under paragraph one from the Sub contractor who is the Employer.

Whereas there us a change of Employer in any business due to a transfer, inheritance, or in any other cases, or whereas an Employer is a juristic person and a change, transfer or merger with another juristic person is registered, all rights due to an Employee from the previous Employer shall continue to be due to the Employee, and the new Employer shall assume all rights and duties relating to such Employee.

An Employer shall treat an Employee properly in accordance with the rights and duties as prescribed under the Civil and Commercial Code unless otherwise prescribed in this Act.

An Employer shall treat male and female Employees equally in employment unless the description or nature of work prevents such treatment.

An Employer or a person who is a chief, supervisor, or inspector shall be prohibited from performing an act of sexual harassment against an Employee who is a woman or a child.

A Contract of Employment shall expire upon the completion of the period specified in the Contract of Employment without the need to give advance notice.

Whereas no definite period is specified in the Contract of Employment, an Employer or an Employee may terminate the contract by giving advance notice in writing to the other party before or at the date a wage payment falls due in order to take effect on the following date a wage payment falls due in order to take effect on the following date a wage payment falls due, but advance notice of more than three months is not required.

Whereas an Employer terminates a Contract of Employment, if the Employer fails to state any reasons for termination in the notice of termination of the Contract of Employment, the Employer shall not subsequently cite a cause under Section 119.

Upon termination of the Contract of Employment under paragraph two, the Employer may pay Wages, at the amount to be paid, up to the due time of termination specified in the notice and dismiss the Employee immediately. The payment of Wages under this paragraph shall be deemed as remuneration paid to the Employee under Section 582 of the Civil and Commercial Code.

Advance notice under this Section shall not apply to the termination of employment under Section 119 of this Act, and Section 583 of the Civil and Commercial Code.

Whereas this Act prescribes that an Employer is required to notify any act to a Labor Inspector, the Employer shall notify the Labor Inspector in person, by mail or facsimile, as the case may be, at the place specified by the Director-General.

For the purpose of calculating the period of employment of an Employee under this Act, Holidays, Leave, days off permitted by the Employer for the benefit of the Employee, and days off ordered by the Employer for the benefit of the Employer shall also be counted in the period of employment of the Employee.

Whereas an Employee has not worked continuously on account of an intention of the Employer to deprive such Employee of any right under this Act, irrespective of which duty assigned by the Employer to the Employee and of how lengthy a lapse between each period of employment is, each period of employment shall be counted together for the purpose of the acquisition of any right by such Employee.

Whereas this Act requires that an Employer is required to carry out any act for which expenses are incurred, the Employer shall bear all expenses for such act.

Agriculture, sea fishing, loading or unloading of marine cargoes, homework, transport work and other works as provided in the Royal Decree may be prescribed by the Ministerial Regulations for the protection of labor differently from the protection under this Act.