Thailand Law Library

by Thailand Lawyer

Chapter 16: Penalties Provisions

Any Employer who violates or fails to comply with Section 10, Section 22, Section 24, Section 25, Section 26, Section 37, Section 38, Section 39, Section 40, Section 42, Section 43, Section 46, Section 47, Section 48, Section 49, Section 50, Section 51, Section 61, Section 62, Section 63, Section 64, Section 67, Section 70, Section 71, Section 72, Section 76, Section 90 paragraph one, or the Ministerial Regulations issued under Section 95, Section 107 or Section 118 paragraph one, or does not pay Special Severance Pay under Section 120 paragraph one or paragraph two, Section 121 paragraph two or Section 122, shall be penalized with imprisonment of not more than six months, or a fine not exceeding one hundred thousand Baht, or both.

Whereas an Employer violates or fails to comply with Section 37, Section 38, Section 39, Section 42, Section 47, Section 48, Section 49 or Section 50 thereby causing physically or mentally to an Employee, or leading to the death of an Employee, he or she shall be penalized with imprisonment of not more than one year or a fine not exceeding two hundred thousand baht, or both.

An Employer who fails to comply with Section 23 shall be penalized with a fine not exceeding five thousand Baht.

Any Employer who fails to comply with Section 15, Section 27, Section 28, Section 29, Section 30 paragraph one, Section 45, Section 53, Section 54, Section 56, Section 57, Section 58, Section 59, Section 65, Section 66, Section 73, Section 74, Section 75 paragraph one, Section 77, Section 99, Section 105 paragraph two, Section 108, Section 111, Section 112, Section 113, Section 114, Section 115 or Section 117, or fails to give advance notice under Section 120, Section 121 paragraph one or section 139 (2) or (3), shall be penalized with a fine not exceeding twenty thousand Baht.

Any person who violates Section 16 shall be penalized with a fine not exceeding twenty thousand Baht.

An Employer who violates Section 31 or Section 44 or fails to comply with Ministerial Regulations issued under Section 103 paragraph one, shall be penalized with imprisonment of not more than one year or a fine not exceeding two hundred thousand Baht, or both.

An Employer who fails to comply with Section 52, Section 55, Section 75 paragraph two, Section 90 paragraph two, Section 110 or Section 116 shall be penalized with a fine of not exceeding ten thousand Baht.

Any person who fails to render all conveniences, give a statement, submit documents or objects as required by a notice issued by the Wages Committee or Sub-committee or a person assigned by the Wages Committee or Sub-committee, or fails to render convenience to a Labor Inspector, physicians, social welfare workers or experts, shall be penalized with imprisonment of not more than one month, or a fine not exceeding two thousand Baht, or both.

Any person who obstructs the performance of any duties of the Wage Committee or sub-committees or a person assigned by the Wage Committee or sub-committees, Labor Inspectors, physicians, social welfare workers or experts shall be penalized with imprisonment of not more than one year, or a fine not exceeding twenty thousand Baht, or both.

Any person who fails to comply with an order of a Labor Inspector issued under Section 124 shall be penalized with imprisonment of not more than one year, or a fine not exceeding twenty thousand baht, or both.

Any employer who fails to comply with Section 96 shall be penalized with a fine not exceeding fifty thousand Baht.

Any employer who fails to comply with Section 98 shall be penalized with imprisonment of not more than one month, or a fine not exceeding two thousand Baht, or both.

Any Employer who fails to arrange documentary evidence or reports required by the Minister Regulations under Section 103 or arrange the documents or reports by filing a false statement, shall be penalized with imprisonment of not more than six months or a fine not exceeding one hundred thousand baht, or both.

Any person responsible for the certification or examination of documentary evidence or reports under the Ministerial Regulations issued under Section 103 who fills a false statement on the certification or examination of the documents or reports, shall be penalized with imprisonment of not more than one year or a fine not exceeding two hundred thousand Baht, or both.

Any Employer who fails to submit descriptions or fails to notify any amendments or revisions to the particulars in writing within a specified period under Section 130, or submits the descriptions or notifies any revisions or amendments under Section 130 by making a false statement, shall be penalized with imprisonment of not more than six months or a fine not exceeding ten thousand Baht, or both.

Any government official who discloses any fact in relation to the business of an Employer which he or she obtains or ascertains as a result of performance under this Act, which is a fact kept confidential by the Employer normally, shall be penalized with imprisonment of not more than one month or a fine not exceeding two thousand baht, or both; unless it is disclosed for the official performance of this Act, or for the benefits of labor protection, labor relations, or the inquisition or consideration of cases.

Whereas the offender is a juristic person, if a violation by such juristic person is due to an order or performance of any person, or a neglects order or, a neglect of a duty as required as a Managing Director or of any person who is responsible for carrying out the business of such a juristic person, the such person shall be penalized according to the provisions prescribed for such violations.

For all violations under this Act, except for a violation under Section 157, if the following officials deem that the offender should not be penalized with imprisonment or sued in Court, he or she shall have power to settle the matters as follows:

1. the Director-General or person entrusted by the Director-General: for a violation occurring in the Bangkok Metropolitan area; or
2. the Governor or a person entrusted by the Governor: for a violation occurring in other provinces.

Where there is an investigation, if the inquiry officer finds that any person has committed an offense under this Act, and such person consents for settlement, the inquiry officer shall propose the case to the Director-General or the Governor, as the case may be, within seven days of the date that such person consents to settlement.

Where an offender pays the fine according to a settled amount within thirty days, the case shall be deemed extinguished under the Criminal Procedure Code.

Where an offender refuses settlement, or consents but fails to pay the fine within the period specified in paragraph three, the case shall be further preceded.