Thailand Law Library

by Thailand Lawyer

Chapter 7: Welfare

There shall be a Labor Welfare Committee consisting of the Permanent Secretary of the Ministry of Labor and Social Welfare as Chairperson; four representatives from government, five representatives each from both Employers and Employees appointed by the Minister as members and an official of the Department of Labor Protection and Welfare appointed by the Minister as the secretary.

The Labor Welfare Committee shall have powers and duties as follows:

1. to make recommendations to the Minister concerning policies, guidelines and measure on labor welfare;
2. to make recommendations to the Minister on the issue of Ministerial Regulations, Notifications or Rules concerning the provision of welfare in a place of business;
3. to give advice on the provision of labor welfare for different types of business;
4. to monitor, and report the results of performance to the Minister; and
5. perform any other work as prescribed under this Act or any other laws to be the powers and duties of the Labor Welfare Committee or as assigned by the Minister.

Section 78 paragraph two, Section 80, Section 81, Section 82 paragraph one, Section 83 and Section 84 shall apply mutatis mutandis to the Labor Welfare Committee.

The Minister shall have the power to issue the Ministerial Regulations requiring an Employer to provide welfare of any kind or requiring any welfare to be provided the certain kinds of in accordance with ministerial standards.

In a place of business with fifty Employees or more, an Employer shall arrange for the establishment of a welfare committee at the place of business, comprising of at least five Employee representatives.

Members of the welfare committee at a place of business shall be elected according to the rules and procedures prescribed by the Director-General.

Whereas a place of business of an Employer has an employee committee under the law on labor relations, the employee committee shall act as the welfare committee at the place of business as prescribed under this Act.

The welfare committee at a place of business shall have powers and duties as follows:

1. to jointly consult with the Employer for the purpose of providing welfare to Employees;
2. to give advice and make recommendations to the Employer regarding the provision of welfare for Employees;
3. to inspect, control and supervise the welfare arrangements provided for Employees; and
4. to make comments and propose guidelines on the welfare arrangements for the benefit of Employees to the Labor Welfare Committee.

An Employer shall hold a meeting with the welfare committee at a place of business at least once every three months; or upon request with appropriate reason by more than one-half of the total number of the committee members or the labor union.

The Employer shall conspicuously post an announcement at the workplace of Employees regarding the provision of welfare in accordance with the Ministerial Regulations issued under Section 95 or in accordance with an agreement with the Employees.