Section Code: 0108 - 0115
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 9: Supervision
An Employer who employs ten or more persons shall provide the work rule in Thai and the rules shall contain at least the following details:
- working days, normal working time and rest periods;
- holidays and rules of taking Holidays;
- rules governing Overtime and Holiday Work;
- the date and place of payment of Wages, Overtime Pay, Holiday Pay and Holiday Overtime Pay;
- Leave and rules of taking Leave;
- discipline and disciplinary measures;
- lodging of grievances; and
- termination of employment, Severance Pay and Special Severance Pay.
The employer shall announce the work rule within fifteen days of the date that the Employer employs ten or more persons; and the Employer shall always keep a copy of such rule at the place of business or at the Employer’s office and deliver a copy of the rules to the Director-General or a person entrusted by the Director-General within seven days from the date of their announcement of application.
The Director-General or a person entrusted by the Director-General shall have the power to order the Employer to amend any work rules that are inconsistent with the law within a specified period of time.
An Employer shall distribute and affix the work rules in a prominent position in the workplace available for Employees to know and read.
The lodgement of grievance under Section 108(7) shall contain at least the following particulars:
- scope and meaning of grievances;
- method and steps of dealing with grievances;
- investigation and consideration of grievances;
- procedure for settlement of grievances; and
- protection for the claimant and any involved persons.
Whereas there is an amendment to the work rules, the Employer shall announce such amended work rules within seven days from the date of the application of the amended work rules, and Section 108 paragraph two, paragraph three and paragraph four shall apply mutatis mutandis.
Whereas the Employer has announced the application of the work rule under Section 108, even if subsequently the number of Employees becomes less than ten persons, the Employer shall continue to comply with Section 108 and Section 110.
An Employer who employs ten or more persons shall provide the record of Employees in Thai and shall keep such record at the place of business or the Employer’s office available for inspection by a Labor Inspector during working time.
The record of Employees under paragraph one shall be done by Employer within fifteen days from the date of employment of an Employee.
The record of Employees shall contain at least the following particulars:
- name and surname;
- date of birth or age;
- present address;
- date of commencement of employment;
- position or duties;
- rate of Wages and other benefits agreed to be given to the Employee by the Employer; and
- date of the termination of employment.
When a change in any item contained in the record of Employee is required, the Employer shall amend completely the record of Employees within fifteen days from the date of changing, or within fifteen days from the date that the Employee notified the Employer of the change.
An Employer who employs ten or more employees shall provide documents relating to the payment of Wages, Overtime Pay, Holiday Pay and Holiday Overtime Pay, which shall contain at least, the following particulars:
- working days and working time;
- work done by Employees who receive Wages on a piece rate basis; and
- rate and amount of Wages, Overtime Pay, Holiday Pay and Holiday Overtime Pay received by each Employee.
Upon the payment of Wages, Overtime Pay, Holiday Pay and Holiday Overtime Pay to Employees, the Employer shall arrange for the Employees to sign the documents under paragraph one as evidence of payment.
The particulars in the documents under paragraph one may be contained in one volume or several volumes.
Whereas the Employer pays Wages, Overtime Pay, Holiday Pay or Holiday Overtime Pay to Employees by direct transfer to deposit accounts with commercial banks or other financial institutions, the document of the Employee’s deposit account transferring shall be deemed to be the evidence of payment.
An Employer shall keep the record of Employees for not less than two years from the date of termination of employment of each Employee; and the Employer shall keep the documents relating to the payment of Wages, Overtime Pay, Holiday Pay or Holiday Overtime Pay of not less than two years from the date of such payment.
Whereas there is a complaint made under Chapter 12 of this Act, or there is a labor dispute under the law on labor relations, or a lawsuit is commenced, the Employer shall retain the record of Employees and documents relating to the payment of Wages, Overtime Pay, Holiday Pay and Holiday Overtime Pay until the order of judgment in respect of such matter has been final.