Working conditions and labour laws in Thailand

Patrick pat

23 October 2018 03:45:01

Employers, employee rights.

1. Normal working hours.
General does not exceed 8 hours per day or by the employer and the employee agreed not exceed 48 hours per week that may harm the health and safety of employees, including work to be done under water in underground tunnels or in caves. the air stuffy. Work on radioactivity. Welding work. Transportation of hazardous materials. Production of hazardous chemicals. Work to do with tools. Or machinery. Who can receive the vibration may be harmful. And do about the hot or cold which may be dangerous. That the nature of work is high risk or dangerous working environment than. Safety standards set which can not be amended at the source. And to provide protection to individuals. Normal working hours to less than 7 hours per day and less than 42 hours per week.

3. Interval.

* During normal working.

At least 1 hour per day after the employee has not worked more than 5 consecutive hours or may be agreed from time to time, but stay and should not be less than 1 hour / day in store or food shop. which released or to drink in, but. Per day may not stay more than 2 consecutive hours per day was held at the employer may not stay at a job that is similar to the case or conditions of work to do. Straight to the consent of employees or a work emergency.
* Prior to working overtime.
If the employee works overtime to the normal working hours at least 2 hours must be provided before employees stay overtime at least 20 minutes.

5. Holidays.

* Weekly holiday.
At least 1 day / week by the same distance not exceeding 6 days for the transit hotel in the forest in the Turkandar. Or other work as may be prescribed in the Ministerial Regulations agreed accumulated vacation and move regularly. Week to stop at any time within 4 consecutive weeks.
* Traditional holiday.
Not less than 13 days per year overall national Labor Day. Based on annual holidays. Religious holiday or tradition of local. If the holiday tradition meets weekly holiday to stop off on Monday. Traditions in the next working day. For business hotels in places show store food beverage outlets, etc. may be agreed to stop on other compensation as holiday traditions. Or pay for time worked on holidays.
* Annual holiday.
At least 6 working days per year for employees who work consecutive 1-year anniversary may be agreed in advance and move accumulated annual vacation. To include stops in the year ahead is.

7. To work overtime. Working on holidays.
* The employee may do so by consent from employees before the time ahead.
* The employee may work overtime. And work on holidays is necessary. If the nature or conditions of work to do cursive. If the damage to stop work. Or emergency work.
* May work on weekends. Entertainment facilities for the transportation business hotel cafeteria beverage outlets, associations and clubs to hospital. Without the consent of employees before.
* Hours of overtime. Working on holidays. Overtime and on holidays. Total must not exceed 36 hours per week.

9. Leave.
* On sick leave.
Sick leave to employees as real patients. The sick leave from work 3 days or more employers may provide employees of the medical certificate showing the current floor plan. One of the hospital or the government has. If employees can not be displayed to explain to employees the employer know. Date employee can not work due to illness or suffer harm caused by work or on leave for childbirth is not on sick leave.

* Leave Administration.
Employees to leave the functional requirements needed by working.

* Leave sterilization.
Employee leave due to sterilization and sterilization by the time doctors determined and present class certification.

* Leave for military.
Employees leave for military troops in the run. To verify military training courses. Or try to. Fully comply with the military have been.

* Maternity Leave.
Employees leave to pregnant women, childbirth was a child less than 90 days, its holiday.

* Leave training.
Employees eligible for leave, training or knowledge can be developed to benefit the force. And social welfare to increase skills or expertise to enhance performance. Employee on the project or program. A set period of time and certainly clear. And educational measures to test the government organized or authorized to be held. Employees must notify the La explicitly. Along with relevant evidence (if any) prior to the employer at least 7 days before the employer may not take leave in the leave if the employee was allowed to leave, then not less than 30 days or 3 times. or show that the employee's leave may cause damage or impact. The business of the employer.

11. Wage work.
* Wages.
Money is only paid. Pay wages to employees at least minimum wage. If normal work schedule up to 8 hours per day to pay compensation to the employee. Who did not receive a monthly wage for working more than 8 hours at least 1.5 times the wage rate per hour or per unit of work day. And at least 3 times the wage rate per hour or per unit of holiday.
* Paid holidays.
Holiday pay for weekly. Traditional holidays. And the annual holiday. Except employees daily or hourly based work are not entitled to paid weekly holiday.
* Paid leave days.
pay o on sick leave not exceeding 30 days per year.
o pay on leave for sterilization.
o pay on military leave for up to 60 days per year.
o pay on maternity leave for up to 45 days / child.

Leave for sterilization.

Leave to eligible employees and eligible sterilization leave as long as sterilization. Medicine at the current class set. And certification by the eligible employees on paid leave by then.

Leave bank.
Employees are eligible to take the necessary functional requirements by working.

For military leave.
Employees are eligible to receive military leave in the army called to check to military training courses, or to test equipment. The leave is equal to the number of days that military call. And paid leave at any time but not exceeding 60 days per year.

Leave for training.
Employees eligible for leave, training or knowledge to develop guidelines and procedures. Defined in the Ministerial Regulations without paid leave on that.

Wages.

1. Is money the employer and employee agreed to pay a fee to work on. Contract for the duration of a typical hourly daily weekly or other period. Or pay by calculating the work done at the employee's normal work days. And employers, including money paid to employees on holidays. Leave and the employee does not work, but is eligible to receive legal protection of workers.
2. Employees are eligible to receive a wage rate not less than minimum wage.
3. If there is no set minimum wage in any area to be considered. Minimum wage. Basic minimum wage rate of the area. (Law associated minimum wage means the basic wage boards to set wages as the basis for establishing rates. Minimum wage).

Working overtime. And work on holidays.

1. In case of a consecutive manner to do if the damage to stop work or emergency work. Employers may provide employees. Overtime. Or work on holidays as required time.
2. Affairs show locations of hotels, transportation cafeteria beverage outlets Club Medical Association and other activities will be determined by the Ministry of employers to employees working on. Vacation time as required. The consent of the employee occasionally.
3. In case of overtime to the normal working hours at least two hours, employers must provide employees with interval. Not less than twenty minutes. Before the employee starts. Overtime. (With the exception of the nature or conditions of work to do cursive. The consent of the employee or job emergency).

Working overtime costs in overtime in holidays and weekends.

1. If working hours exceed the normal working day. Employers must pay overtime. Not less than one half times the wage rate per hour based on the number. Hours to do or not less than one-half times the wage rate per unit. Based on work done for the number of employees paid by results.
2. If you work in the holidays than at typical working day, employers must pay. Overtime pay for employees on holiday three times the rate of wage per hour. Based on the number or the number of hours doing work for do. Employees receive wages based on work by calculating the unit.
3. If done in typical holiday time. Employers must pay for working on holidays. Employees are eligible to receive holiday pay in an additional 1 times the wage. Based on hours worked on holidays. Or the amount of work possible. For employees who receive wages based on work by calculating the unit. For employees who are not entitled to paid holiday pay at least 2 times the wages based on hours worked on holidays or the number of results. For employees who do paid work as calculated by the unit.

Compensation.

1. The employee is entitled to compensation. Termination by the employer if the employee is not following errors.

1. Employees who worked 120 consecutive days, but not fully completed 1 year is eligible for compensation equal wage rates last 30 days.
2. Employees who work consecutive 1-year anniversary 3 year anniversary, but not be entitled to receive compensation equal wage rates last 90 days.
3. Employees who work full 3 consecutive years but not completed 6 years is eligible for compensation equal wage rates last 180 days.
4. Employees who work full 6 consecutive years, but not full 10 years is eligible to receive compensation equal to wage the final 240 days.
5. Employees who work 10 consecutive years due to a right to receive compensation equal wage rates last 300 days.
3. In the event that employers will stop hiring employees because agencies update. Distribution process. Or services due to bring equipment or device changes. Machine or technology. The cause must be to reduce the number of employees. Employers have the following.

1. The termination date. Reasons for termination. And the list of employees to be lay. To employees and make employees labor. Not know in advance. Less than sixty days prior to termination.
2. If no notification to employees prior to termination. Or notice period of less than sixty days. Employers must pay special compensation to employees in lieu of notice equal values. Employment rate last sixty days. Equal pay for work of the last sixty days for employees who receive value. Employment as a result of the calculation unit.

Compensation instead of this notice. To be considered employers pay salary instead. With the legal notice. Employers have to pay extra compensation from the compensation normally follows.

1. Employees work six consecutive years to complete. Employer must pay compensation. Extra compensation from a regular employee is already entitled to receive. Wage rate not less than the last fifteen working days to complete one year. Or wages of not less than fifteen working days to the final work. One full year for which employees receive wages based on work by calculating the unit.
2. This includes special compensation and wage rates must not exceed the last three hundred sixty days, or less than the wages of working the last three hundred sixty days. For employees who receive wages based on work by calculating the unit. However, total wage rate must not exceed three hundred sixty-day final.
3. For the benefit of the calculating special compensation. Fraction of the time working at a variety of more than ten days. It is working to complete one year.
7. In case the employer moved to set up operations at another location of impact. Critical to normal life, employee or family.

1. Mr. employer notice prior to the employees not less than thirty days if the employee does not wish to move to work with. Employees are eligible to terminate the contract by get special compensation not less than hundred. Fifty percent of the employees regular rate of compensation should be eligible.
2. If the employer does not let employees know in advance of relocation operations. Employers must pay special compensation. Instead of notice equal wage rates last thirty days.

Exception that employers are not required to pay compensation: employees are not entitled to compensation in case any of the following cases.

1. Employee resigned themselves.
2. Fraud to criminal responsibility or guilt by intention to employers.
3. Intentionally cause damage to the employer.
4. Employer negligence cause serious damage.
5. Disobeyed rules or regulations about work or the employer's order is unlawful and wrong. And employers have already written warnings. But if serious. Employers do not need warnings. This letter is to alert the effect was less than 1 year after the date the employee was guilty.
6. Desertion for a period of 3 consecutive days. Whether a holiday or otherwise separated. Without proper reason.
7. Has been under judicial custody to the prison to prison.
8. If the employer has determined that the time course of employment. And employer termination. The timing is. Include the following.

1. 8.1 Employment in the project. Only non-regular job or business. Trade, which employers must start and end time of work indeed.
2. 8.2 of a similar time to time. Work is scheduled to end, or success of the event.
3. 8.3 work is seasonal. And employment at the time of the season, which will be completed in less than 2 years employers have a book contract. When hiring from the start.

The female labor.

1. Prohibit employers to employees working female following.

* Mining or construction work to be done under water in underground tunnels or caves in the mountains, but the nature of chimney work. Harmful to health or not. Body of female employees are.
* Work to do on the scaffolding above the ground from 10 meters to go.
* The production or transport explosives or inflammable materials.
* Other tasks as defined in the Ministerial Regulations.
3. Prohibit employers to pregnant female employees working during the time. 22.00 -06.00 pm Overtime worked on holidays or working one of the following.

* Mining or construction work to be done under water in underground tunnels or caves in the mountains, but the nature of chimney work. Not a threat to health or. Body of the female employees.
* Work on a machine or engine vibration.
* Work or be driven to the vehicle.
* Lifting the shoulder or drag Ton load of heavy haul more than 15 kg.
* Work in the boat.
* Other tasks as defined in the Ministerial Regulations.
5. Employee labor inspection order employers to change working hours or working hours. Of female employees working during 24.00 am - 06.00 am at its sole discretion, if workers see that the staff review, it may harm health. And safety of employees are women.
6. Employed pregnant women have the right to ask. To change employer in the same function as. Temporarily before or after birth has. If a medical certificate. Modern class. To show that the same functions may not continue.
7. No employer, employee termination because pregnant women.

Using child labor.

1. Prohibit employers to hire children under 15 years were employed.
2. If the employment of children under 18 employees, the employer must notify the employee. Make workers within 15 days from the date. Children to work. And notice of termination. Employ child labor is to make employees within 7 days from the date the children leave. Employers must provide 1 hour at room per day within the first 4 hours of work and the sub-interval is determined by the employer.
3. Do employers use employee children under the age of 18 years during 22.00 - 06.00 pm unless authorized by the Director-General.
4. Do employers use employee children under the age of 18 years of overtime.
5. No employer to employee children under the age of 18 years following.
* The fuse blown or cast iron metal.
* The metal stamping.
* Work on heat and cold, vibration noise and light levels are different from the normal may be dangerous as defined in the Ministerial Regulations.
* Work with hazardous chemicals as prescribed in the Ministerial Regulations.
* Work on a toxic microbe, which may be viral or bacterial infection other fungi. As prescribed in the Ministerial Regulations.
* Work with explosives or toxic materials are inflammable material. Except in stations. Fuel services as defined in the Ministerial Regulations.
* The driving force or forklift or crane as defined in the Ministerial Regulations.
* Walk with the use of saw or engine power.
* Work to do under the water underground, in caves or tunnels in the mountain chimney.
* Work on radioactivity as defined in the Ministerial Regulations.
* Cleaning the machine or engine running.
* Work to do on the scaffolding above the ground from 10 meters to go.
* Other tasks as defined in the Ministry.
7. No employer to employee children under the age of 18 years in the following locations.
* Shambles.
* Location gambling.
* Location or Ronggeng dance dance Rmwg.
* Where alcohol is food or drink tea. Other sales and services. The minister who entertain for employees. Or for a relaxing sleep. Or a massage to customers.
* Other locations as specified in the Ministerial Regulations.
9. Prohibit an employer pay an employee's child to someone else.
10. Do not call the employer and / or receive. Insurance department employee from a child.
11. Employee, a child under the age of 18 years is entitled to leave for a training seminar to receive training or to leave the other organized by the school. Or government agencies or private. The Director agreed. And employers. Pay equal wages for employees children, working on long leave. But one year shall not exceed 30 days.

Evidence of work.

1. Said that hiring more employees from 10 employees to provide rules about working in the Thai language at the post by the disclosure of employee and workplace. Send a copy to Director General, Department of Welfare and Labor Protection.
2. Above the force required on the following: normal weekday working hours, holidays and stay at the stop criteria. Criteria for overtime and vacation days and work in places pay up working overtime on holidays. And overtime pay on holidays and guidelines on La La complaint and discipline and punishment of termination.
3. Registered employee must have a name, gender, citizenship, date of birth. The current start date of employment or position in the duty rate of pay and other compensation benefits. The employer agreed to pay employees and end dates of employment.
4. Documents about calculating overtime pay fees required to stop work on days that do work work work for the employer. And the amount paid. The signature of the employee beneficiary.

Control.

1. Employers with employees from a combined 10 people or more must make regulations about working in the Thai language. Must have at least Details.

* Normal weekday working hours and interval.
* Holiday and stopping criteria.
* Guidelines for working overtime. And work on holidays.
* Date and place pay overtime costs in working holiday. And overtime pay on holidays.
* Leave Guidelines and leave.
* Discipline and disciplinary action.
* The complainant.
* The termination compensation and special compensation.
3. Employers have announced the regulations within 15 working days from the employees together from up to 10 people.
4. The employer must post the rules on work release at the workplace of the employee.
5. To promulgate regulations regarding work to be employees even if employers reduce any lower than 10 people.

The complaining employee.

1. Employees claim their rights due to violations of labor law. By the employer.

* A case to sue the employee workforce.
* Employee filed suit to make workers employees.
3. The employee filed suit, or heirs.

* Submit a request by the Director-General set.
* Make employees filed workers employed in the work area. The employer or the employee has a domicile or domicile in local time.
5. Accessories check e of employee monitoring procedures integrated petition workers.

* Accelerate the investigation of facts and evidence as soon as the employer, employee. As well as gathering evidence involved.
* When facts and investigations. Have ordered the employer to pay. Or lifting suit of one employee.
* Gathering facts. And order. Must do to complete within 60 days of receiving the petition process.
* If not able to complete within 60 days to request an extension of time. Director-General or the provincial governor, requesting extension of time not exceeding 30 days.
7. To terminate any complaint during the investigation facts.

* Employee Waiver of all claims.
* Employee claims, but taking part. The employer agrees to pay certain employees.
* Employer agrees to pay the amount to the employee.

1. Law is a law protecting workers with criminal penalties.
2. Any employer who violates or fails to comply.

* Minimum fine not exceeding 5,000 baht.
* Less than 1 year imprisonment or a fine not exceeding 200,000 Baht or both fine and remember.
4. And follow the instructions of the staff make workers suspended criminal count.
5. Breach laws.

* General has the power comparisons adjusted for errors that occurred in Bangkok.
* Provincial governor. Power adjustment for comparative fault. Occurring within the province.
* Pay a fine within 30 days as the date has been notified of criminal cases taken out together.
* If the comparison failed to pay fines or adjustments within the set. Inquiry official (police) will take steps to the Law.

Isaanfarang

05 November 2018 09:06:21

#10

181

Ubon Ratchathani, Changwat Ubo

Hello and Sawasdee KHrap,

Working conditions differ across the world, and as a working expat, it is important to know your rights as an employee.

Working conditions differ from province to province, labor departments might have to follow the same laws, but they basically create their own sets of rules. Let's take English teachers as an example, obviously, one of the professions foreigners are allowed to do. The labor department in Sisaket, for example, does accept foreigners being “Trainers”, or “Teacher Assistants, without degrees and provisional teacher's license, while the LD in Ubon Ratchathani does not allow people who were teachers before who ran out of provisional teacher's licenses”, to continue teaching, by bypassing the Teacher's Council of Thailand, also called Khurusapha without a provisional teacher's license. They are fully aware that these people are trying to fool the system, but it seems that schools have a deal with the Immigration to close an eye, or two.........

Working as an assistant, or trainer isn't really legal and I assume that this Loophole will soon be closed, and the shortage of English teachers will increase immensely. It's already difficult to fill positions now, the new boss of Immigration "Khun Big Joke" didn't make the situation to a better one with his Outlaw Foreigners BS.

Are working conditions standard in Thailand? For instance, are working hours, paid time off, and sick leave different for expats v.s. locals? Do they differ based on the type of company (private, public, NGO)?

Working conditions are usually part of the contract, the foreigners' sign with an employer. The laws are often even more stretchable than chewing gum, but both, foreigners and Thais are protected by the Thai labor law. Private schools, for instance, have their own rules, usually more hours, etc.
Are there laws in place regarding the physical conditions of the office, employee protection, etc.?

Of course are there laws that employees should be physically and mentally fit to do their job, but in a country where you can get a medical certificate from any clinic for only 40 baht, stating that you're 100 % fit, that you don't take drugs, nor drink alcohol, free of diseases, etc.…I've extended my car and motorbike driver's license with a full cast on my leg and an at this time totally destroyed right knee when an operation at the local hospital went totally wrong.

What are some resources in Thailand to inform people about labour laws and employee rights (websites, governmental associations)?

There are certain websites, from "working in LOS forum" ( just a fancy example, not wanting to make advertisement here), to some great Facebook pages, where you'll find a lot of very useful information, but you'll also find a lot of rubbish, not worth to read. It's worth to sign up at a good website, for example, “Isaan teachers”, (no idea if that exists, just an example…)
The labor act for Aliens can be found here: http://www.mol.go.th/en/anonymouse/labour_law
Here: https://www.mayerbrown.com/files/Public … ay2008.PDF

Foreigners are usually well protected and have the right to seek help, often including a free lawyer usually situated somewhere in the city hall. But you'll have to have a Thai person, or be good enough in Thai to address your problem, no matter if it's about disputes with an employer, agency, or others.

Have the general working conditions or labour laws changed in any way lately?

The general conditions have changed immensely. 10 + years ago, foreigners could start to work as English teachers without problems, provisional teacher's licenses were issued without any problems, but that has had an end. You usually receive only two and then show that you've developed your skills in form of an additional Diploma.
Too many foreigners are in very strange and difficult situations now, working on tourist, or without a visa, just to be with their loved ones. The salaries didn't go up, unfortunately, was my salary higher ten years ago than it is now. Too many foreign criminals have given all of us a bad name and resulted in hate, disliking foreigners in general, etc..

How do the working conditions and labour laws in Thailand differ from your country of origin?

Working conditions are totally different in many European countries. There are way more jobs available for me and I can work for whatever I qualify, in Thailand are most occupations reserved for their own folks, which isn't a bad thing. But I'm so used to live here that I couldn't go back and start over again. Nor could I sit outside 365 days a year and enjoy my big bike without a helmet. Cheers.

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