Section Code: 0038 - 0043

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 3: Employment of Women

Section 38

An Employer shall not require a female Employee to do any of the following work:

  1. Mining or construction work to be performed underground, underwater, in a cave, or in a tunnel or mountain shaft, except where the nature of the work is not hazardous to the health and safety of the Employee;
  2. Work must be done on the scaffolding ten meters or more above the ground;
  3. Producing or transporting explosive or inflammable material;
  4. Other work as prescribed in the Ministerial Regulations.

Section 39

An Employer shall not require a female Employee who is pregnant to work between 22.00 hours and 6.00 hours, to work overtime, to work on a Holiday, or to perform any of the following work:

  1. Work involving vibrating machinery or engines;
  2. Driving or going on vehicle;
  3. Lifting, carrying on her shoulders, carrying by head, pulling or pushing loads in excess of fifteen kilograms;
  4. Working in a boat; or
  5. Other works as prescribed in the Ministerial Regulations.

Section 40

Whereas an Employer requires a female Employee to work between 24.00 hours and 6.00 hours and the Labor Inspector is of the opinion that the work may be hazardous to her health and safety, the Labor Inspector shall report it to the Director-General or a person entrusted by the Director-General for consideration, and shall order the Employer to change or reduce the female Employee’s working hours, as inspector deems appropriate, and the Employer shall comply with such order.

Section 41

A female Employee who is pregnant shall be entitled to maternity leave of not more than ninety days for each pregnancy.

Any Leave taken under paragraph one shall include Holidays during the period of Leave.

Section 42

Whereas a female Employee who is pregnant presents a certificate from a first class physician certifying that she is unable to continue in her previous duties, the Employee shall be entitled to request the Employer to temporarily change her duties before or after delivery, and the Employer shall consider changing her duties to suitable work for such an Employee.

Section 43

An Employer shall not terminate the employment of a female Employee on the grounds of her pregnancy.

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