Thailand Law Library

by Thailand Lawyer

Chapter 12: Lodgement and Consideration of Complaints

Whereas an Employer violates or fails to comply with an Employee’s entitlement to receive any payments prescribed under this Act, and the Employee wishes the Labor Inspector to enforce the entitlement under this Act, the Employee us entitled to lodge a complaint, in a form prescribed by the Director-General, to the Labor Inspector of the locality where the Employee works or where the Employer’s domicile is located.

With regards to any entitlement to receive any payments prescribed under this Act, if an Employee is dead, his or her statutory heir is entitled to lodge the complaint to the Labor Inspector.

If a complaint has been lodge under Section 123, a Labor Inspector shall investigate the facts and make an order within sixty days from the date of receipt of the complaint.

If, as the result of a valid reason, the Labor Inspector is unable to make an order within the period prescribed under paragraph one, the Labor Inspector shall apply with reasons to the Director-General or a person entrusted by the Director-General for an extension of the period of time, and the Director-General or person so entrusted may grant permission as deemed appropriate, but the extension of time shall not exceed thirty days from the expiry date prescribed under paragraph one.

Upon investigation, if the Labor Inspector finds that the Employee is entitled to any money to be paid by the Employer as prescribed under this Act, the Labor Inspector shall order the Employer to pay such money to the Employee or to the statutory heir of the deceased Employee in the form prescribed by the Director-General within fifteen days from the date of having been notified or having been deemed to acknowledge the order.

The Employer shall pay the money prescribed under paragraph three to the Employee or to the statutory heir of the deceased Employee at the work place of the Employee. Upon request by the Employee or the statutory heir of the deceased Employee, the Labor Inspector shall order the Employer to pay such money at the office of the Labor Inspector or at another place as agreed by the Employer and the Employee or the statutory heir of the deceased Employee.

Whereas the Employee or statutory heir of the deceased Employee fails to receive such money within fifteen days as from the date of the Labor Inspector issuing the order, the Labor Inspector shall remit such money to the Employee Welfare Fund by depositing it into the bank. The interest or fruit producing from such deposit shall belong to the Employee or the statutory heir of the deceased Employee who is entitled to receive such money.

Whereas the Labor Inspector deems that the Employee or the statutory heir of the deceased Employee is not entitled to the money under Section 123, the Labor Inspector shall make such an order and notify the Employer and Employee or the statutory heir of the deceased Employee in writing.

Where the Labor Inspector has made an order under section 124, if the Employer, Employee or statutory heir of the deceased Employee is not satisfied with such order, he or she shall bring the case to the Court within thirty days from the date of receipt of the order.

Whereas the Employer, Employee or statutory heir of the deceased Employee fails to bring the case to the Court within the specified period of time, such order shall be as final.

Whereas the Employer brings the case to the Court, he or she must deposit money with the Court equal to the outstanding amount that the Employer is required to pay to the Employee, prior to file the case.

Whereas the case is final and the Employer is liable to pay money of any amount to the Employee or to the statutory heir of the deceased Employee, the Court shall have the power to pay the money deposited with the Court by the Employer to the Employee or to the statutory heir of the deceased Employee.