Basic knowledge of labor law

Aj.Apichart Phetcharat
apichart.phetcharat@gmail.com
◼ Labor law is a law that prescribes the rights and
obligations between employers and employees in order to
provide employment and the relationship between
employers and employees is good, benefiting the
appropriateness of all parties.

◼ It is a law that sets minimum standards for employment,

use of labor, arrangement of places and equipment in the
workplace so that workers have good health and safety in
their lives and receive appropriate compensation.
 Important labor laws
◼ Civil and Commercial Code (Section 575 – 586)
◼ Labor Protection Act, B.E. 2541
◼ Labor Relations Act B.E. 2518
◼ Labor Court Establishment Act B.E. 2522
◼ Social Security Act B.E. 2533
◼ Compensation Act B.E. 2537
 Labor contract
1. An employment contract is a reciprocal contract between two parties,
namely Employers and Employees
- The employer can be a natural person or a juristic person.
- The natural employees

2. The employee agrees to work or labor for the employer, and the
employer pays wages in return for the work. In this regard, the employer
and employee may agree on terms of employment, period of
employment, work, wages and other benefits provided that such
agreement shall not be contrary to or different from the law relating to
public order or good morals.
3. The employer has the power to control the employee.

4. A labor contract may be formed by

- make a contract or have evidence in writing, or occurs by default

Therefore, an employment contract, although there is no written

agreement, but the employer has given the employee to work and paid
wages, is considered valid. "Employment contract" has been formed.

If the contract is not made in writing Rights and duties between

employers and employees shall be in accordance with the law.
 Labor protection law
◼ Labor protection law is a law stipulating the rights and duties
between employers and employees by prescribing minimum
standards for employment, labor use, workplace arrangements, and
work equipment for workers to have good health and safety in work.
life, body and receive reasonable compensation. They receive
sufficient benefits that will result in peace and stability for employers,
employees, society and the nation.
 State

The state will determine the rights,

duties and relationships between
Employer employers and employees to suit Employee
(Employer them. (Employee
organization) organization)
◼ Labor Protection Laws are effective only for labor contracts, not in
the case of employment contracts.

◼ The labor protection law stipulates that male and female workers
have equal rights, and cannot treat female and male employees
differently because of their gender.

◼ For example, the retirement age for men and women is not equal.

◼ Employers, supervisors, supervisors, or inspectors are prohibited

from harassing, harassing, or causing sexual nuisance to
employees.
 Claiming work insurance

◼ An employer shall not demand or receive a work insurance payment

or a work damage insurance payment from an employee whether it is
money, other property, or personal guarantee.

◼ Unless the nature or conditions of the work performed require the

employee to be responsible for finances or property of the employer
which may cause damage to the employer.
◼ The nature or condition of the work that the employer will demand or
accept the work security or Collateral against work damage from
employees are:
◼ (1) Accountant work
◼ (2) the work of an employee collecting or paying money
◼ (3) Work to control or be responsible for valuable objects such as
diamonds, precious stones, silver, gold, platinum and pearls
(4) the work of guarding or taking care of the place or property of the
employer or under the responsibility of the employer
(5) debt collection or collection work
(6) work of controlling or being responsible for vehicles
(7) Work that is responsible for warehousing, trading, exchanging, renting
property, hire-purchase, lending, receiving deposits, mortgages, pledges,
underwriting, accepting transfers or delivery of money or banking
However, only the employees who are in control of money or assets for
such purposes.
 Criteria for calling collateral for work

◼ Cash, not more than 60 times the average daily wage rate received by the
employee
◼ Assets must have a value not exceeding 60 times the average daily wage rate
received by the employee, with the employer being the keeper of the security.
◼ Individuals: The amount of guarantees that the guarantor is liable for must
not exceed 60 times the average daily wage rate received by the employee.
◼ When the employer dismisses or employee resigns or expired insurance
contract The employer shall return the security together with interest (if any)
to the employee within seven days from the date the employer terminates the
employment or the date the employee resigns or the date the insurance
contract ends, as the case may be.
 Determination of working days and times
1. Normal working days
◼Let the employer announce the day Normal working hours
to employees by specifying the starting and ending time of
work each day.
◼One day must not exceed 8 hours.
◼One week must not exceed 48 hours.

◼Except for the work that may be harmful to the health and
safety of employees as prescribed in the Ministerial
Regulations.
◼ One day must not exceed 7 hours.
◼One week must not exceed 42 hours.
◼ “Work that may be harmful to the health and safety of employees” is defined in 7
groups, namely
◼ 1) Work that must be done underground, under water, in a cave, in a tunnel or in
a confined space
◼ 2) Work involving radioactivity
◼ 3) Metal welding works
◼ 4) Hazardous substance transportation
◼ 5) Production of hazardous chemicals
◼ 6) Work that must be done with a tool or machine where the operator is exposed
to potentially dangerous vibrations
◼ 7) Work that must be done with extreme heat or extreme cold that may be
dangerous
◼ 2. Working overtime
◼ Overtime is work outside normal working hours.

◼ Employers are prohibited by law from requiring

employees to work overtime on a working day unless with
the employee's prior consent from time to time.

◼ If an employer violates an offense, it may be subject to

imprisonment for a term not exceeding six months, a fine
not exceeding one hundred thousand baht, or both.
◼ 3. Break time
◼ On the working day, the employer shall arrange for the employee to take breaks
during work.
 One day must not be less than 1 hour (after the employee has worked for no
more than 5 consecutive hours).
 The employer and the employee may agree in advance to have a rest period
of less than 1 hour, but in total, not less than 1 hour per day.
◼ Rest time during work shall not be counted as working time.
◼ In case of “Working overtime” after normal working hours is not less than 2
hours. Employers must provide employees with a break of not less than 20
minutes before the employee starts working overtime.
◼ 4. Holiday
“Holiday” means a day on which an employee is scheduled to stop working
inncluding weekly holidays, traditional holidays or annual holidays.
(1) Weekly holiday
The employer shall arrange for the employee to have a weekly holiday not less than 1
day per week, with weekly holidays not exceeding 6 days apart. Employers and
employees may agree in advance to set any weekly holiday.
In the case where an employee works in a hotel, transport, forest work, work in a
remote area or other work as prescribed in the Ministerial Regulations.
Employers and employees may agree in advance to accumulate weekly holidays and
postpone them at any time but within a period of four consecutive weeks.
◼ (2) traditional holidays
The employer shall announce the traditional holidays to the
employee at least 13 days in advance of the year,
including the National Labor Day.

The employer shall determine the traditional holidays from

annual public holidays, religious holidays or local
customs. In the event that any traditional holiday falls on
the employee's weekly holiday, the employee shall take a
day off to compensate for the traditional holiday on the
next working day.
◼ (3) Annual leave (often referred to as vacation leave)

An employee who has worked consecutively for one year is entitled to an

annual holiday of not less than six working days in one year.
In the following year, an employer may set an annual holiday for an employee
for more than 6 working days.
Employers and employees may agree in advance to accumulate and postpone
annual leave unpaid in that year to be combined with subsequent years.
For an Employee who has not completed one year of service, the Employer
may prescribe annual leave for the Employee on a pro rata basis.
 Working on holiday
◼ Employers are prohibited from requiring employees to work on holidays.
◼ Except in the case of the nature or condition of the work to be done
consecutively, if stopped would damage the work or it is an emergency work, the
employer may allow the employee to work on a holiday as necessary.
◼ If an employer violates an offense, it may be subject to imprisonment for a term
not exceeding six months, a fine not exceeding one hundred thousand baht, or
both.
◼ Remarks: On holidays, employees are entitled to wages or not?
 5. Leave
◼ “Leave” means a day on which an employee takes sick leave,
sterilization leave, necessary business leave, military service leave,
training or knowledge development leave. or maternity leave

◼ (1) sick leave

Take leave as long as you are really sick but received wages in one year
for not more than 30 days
If the sick leave is more than 3 working days, the employer may require
the employee to produce a medical certificate.
Days on which an employee is unable to work due to injury or sickness
arising from work and maternity leave shall not be considered as sick
leave.
◼ (2) Sterilization Leave
Giving employees the right to leave for sterilization and have the right to
leave due to sterilization for a period of time prescribed and certified
by a first-class modern physician

An employee who takes a sterilization leave is also entitled to be paid on

the day of that sterilization leave.

◼ (3) business leave

Have the right to take leave for necessary business, not less than 3
working days per year, with wages according to the number of days
of leave (not more than 3 working days per year).
◼ (4) Leave for military service
Employees are entitled to leave for military service in order
to call up troops for examination, for military training or
for testing their readiness according to the law on military
service.

The employer must pay wages equal to wages on a

working day on leave throughout the period of leave, but
one year must not exceed 60 days.
◼ (5) maternity leave
◼ A pregnant female employee is entitled to maternity
leave for a pregnancy not exceeding 98 days.
◼ Maternity leave shall include maternity check-up
leave.
◼ Maternity leave shall include holidays during the
leave period.
◼ The employer shall pay wages to female employees
who take maternity leave throughout the leave
period, but not more than 45 days.
◼ An employer is prohibited from terminating a female
employee because of pregnancy.
◼ (6) Training leave
Employees are entitled to leave for training or development
of knowledge and skills, including training or development
of skills to increase work efficiency by having a project,
course and fixed date and time.

Educational examinations organized by the government or

allowed to be held, such as Studying in educational
programs outside the factory or studying in various open
universities, when the said educational institutions arrange
examinations, employees have the right to take leave for
examinations.
◼ 6. Wages
◼ “Wages” means money that an employer and an employee agree to
pay as compensation for work under an employment contract.

◼ For regular hours of work, on an hourly, daily, weekly, monthly or other

period, or paid on the basis of the work performed by the employee
during the normal working day of the working day.

◼ and shall include money paid by an employer to an employee on

holidays and leave on which the employee does not work but the
employee is entitled to receive under the Labor Protection Act.

◼ Compensation other than salary, such as gas, telephone bills, house

rent, commission allowance position money, are they a wage?
Overtime pay
◼ pay overtime pay not less than one and a half times of
the hourly rate of wages on a working day according to
the number of hours

◼ holiday work allowance

(1) An employee who is entitled to wages on holidays is
paid at least 1 time of the hourly wage rate on a working
day according to the number of hours.
(2) An employee who is not entitled to wages on holidays is
paid at least 2 times the hourly rate of wages on a working
day according to the number of hours.
◼ Holiday overtime pay

◼ pay overtime pay on holidays not less than 3 times the

wage rate per hour on working days by the number of
hours

◼ The employer does not provide the employee with

holidays or provides less holidays than what is required by
law.
Employers must pay for work on holidays, overtime on
holidays as if employers had employees work on holidays.
◼ Employees who are not entitled to overtime pay

(1) an employee who has the authority to act on behalf of the employer
in the case of employment for gratuity or termination of employment
(2) peddling work or solicitation of goods for which the employer pays a
commission
(3) train arrangement work
(4) the work of opening and closing sluice gates or flood gates
(5) water level reading and water metering
(6) fire fighting or public danger prevention work
(7) work that has the nature or conditions of work that requires going
out to work outside the premises The nature of work cannot
determine the exact period of work.
(8) work on duty to watch over premises or property which is not the
employee's normal duty
(9) other works prescribed in the Ministerial Regulations.
However, unless the employer agrees to pay overtime pay and
holiday overtime pay.
◼ Payment

◼ The employer shall pay wages, overtime pay, holiday pay,

holiday overtime pay and money that the employer is
obligated to pay daily, hourly or other periods of not more
than one month.

◼ In case of termination of employment, payment must be

made within 3 days from the date of termination.
◼ The employer has a reason to temporarily stop the
business

 Inthe event of a temporary suspension of business

 Causing employers to be unable to operate normally
 The employer must pay wages to employees at least
75 percent of wages.
 The employer must report to the labor inspector within
3 days
◼ Wage deductions
◼ An employer shall not deduct wages, overtime pay, holiday pay and
holiday overtime pay except for:
 pay taxes as employees have to pay
 Labor union maintenance fee (if any)
 Savings Cooperative Debt Payment (if any)
 Work insurance money under Section 10 (in case of having the
right to claim insurance money)
 Contributions under the provident fund agreement

◼ If the employer violates, there is a penalty of imprisonment for not

more than 6 months, a fine of not more than one hundred thousand
baht, or both.
7. Suspension
◼ An employer is prohibited from ordering an employee to suspend
work.
◼ Except in the case of work regulations, work suspension can be
suspended during the investigation of the allegation that the
employee committed an offense.
◼ The suspension must be made in writing stating the fault and the
suspension period is not more than 7 days.
◼ Employees must be notified before the break.
◼ During the suspension, the employer will pay the wages as specified
in the regulations or agreements, but not less than 50 percent of the
wages.
◼ If investigated and the employee is not guilty, the full amount must
be paid back.
 8. Termination
Upon termination of employment, the employer may have to pay due
to the termination of employment as follows:

◼ 8.1 Remuneration in lieu of advance notice

The employment contract shall terminate upon the expiration of the
term of the employment contract without prior notice.

In the event that the employment contract has no fixed period, an

employer or employee may terminate the employment contract by
giving advance notice in writing to the other party on or before any
payment of wages in order to take effect of the termination of the
contract. when the payment of wages is due for the next time ahead
but no more than three months advance notice is required.
◼ In the event that the employer is the party to terminate
the employment contract, the employer must specify the
reason in the termination notice.

◼ Termination of the employment contract, the employer

may pay wages in the amount to be paid until the time of
termination of the contract as scheduled.
◼ 1) Looking at the wage payment period means that the employer
pays wages every day, which may be specified every day at the end
of the month or every 15 day and at the end of the month or every
week, as the case may be.

◼ (2) to make a letter to notify the employee of the reason for

termination of employment, the result of the termination of
employment will be effective in the next wage payment period, for
example, pay wages every day at the end of the month, if you want
to notify the employee in advance to terminate the employee status
The end of February 2023 must be notified between January 1 and
January 31, 2023, it will be effective as a legal dismissal on
February 28, 2023.
◼ (3) If you want to be dismissed immediately, must pay compensation
instead of advance notice according to the law, calculated according
to the period of incomplete notice, such as

The employer pays wages every day at the end of the termination month
on March 7, 2023. The salary must be calculated in lieu of advance
notice from March 7, 2023 to April 30, 2023. In this case, the employer
must pay compensation instead of advance notice of 55 days, and must
pay wages for work in March 2023 from day 1 to day 6 for another 6
days

In the case of advance notice, it is often misunderstood that if the notice

is incorrect, pay 1 month's notice in advance.
 8.2 Severance
◼ Severance pay means the money that the employer pays to the employee upon
termination of employment.
◼ The employer shall pay compensation to the terminated employee as follows:
◼ - Worked consecutively for 120 days but less than 1 year, pay no less than 30
days of the last wage rate.
◼ - Worked consecutively for 1 year but not for 3 years, pay no less than the last
wage rate for 90 days.
◼ - Worked for 3 consecutive years but less than 6 years, pay no less than 180
days of wages at the latest wage rate.
◼ - Worked for 6 consecutive years but less than 10 years: pay no less than 240
days of wages at the latest wage rate.
◼ - Worked continuously for 10 years or more, pay no less than 300 days of the
latest wage rate.
◼ - Worked continuously for 20 years or more, pay no less than the last rate of
wages for 400 days.
◼ In the event that the employer does not have to pay compensation
(1) the employee voluntarily resigns
(2) The employee has not completed 120 days of work
(3) An employee who has a definite term of employment and is terminated
within that period

 Employment for a fixed period is only possible for employment on

specific projects that are not the normal course of business or trade
of the employer for which there is a fixed commencement and
ending period of work, or for occasional work. An event in which the
work is scheduled for completion or completion, or on a work that is
seasonal and hired during that season in which the work must be
completed in a period not exceeding two years. The employer and
the employee have entered into a written contract since the
beginning of the employment.
◼ (4) The employee dishonestly performs his duties or intentionally
commits a criminal offense against the employer.
◼ (5) The employee deliberately causes damage to the employer.
◼ (6) Negligence causes serious damage to the employer.
◼ (7) Violating work regulations or rules or orders of the employer that
are lawful and just and have been warned by the employer in writing,
except in serious cases, the employer is not required to give warnings
more than 1 year from the date the employee commits an offense
◼ (8) Neglecting duty for 3 consecutive working days whether there is a
holiday in between or not without justifiable reason.
◼ (9) Being imprisoned by a final judgment except for an offense
committed through negligence or a petty offence.
◼ Severance pay is a benefit that the employer is required
by law to pay the exact amount specified by law, the
employer cannot make the employee waive the right not
to receive such money.

◼ Employees who have worked until retirement and have

to leave work on retirement are entitled to severance
pay.
 8.3 Damages due to unfair dismissal

◼ It is damages that if an employee wishes to receive, a

lawsuit must be filed in court to prove that the unfair
termination of employment and damages from the
termination of employment.

◼ It is the damages separately from the advance notice

and compensation. Even after receiving the advance
notice and compensation, it can claim damages due to
unfair dismissal, but the court will consider it on a case-
by-case basis.
◼ Unfair dismissal means an employer dismisses an
employee without cause or even if there is some cause
but it is not a necessary or appropriate cause to the
point that the employee has to be terminated.

◼ Whether the termination of employment is fair or not

must be determined primarily by the reason for the
termination of employment.
 Employee's filing

◼ In the event that the employer violates or fails to comply with the right
to receive money under the labor protection law (Do not pay various
wages, advance notice, compensation)
◼ Employees have the right to file a complaint with the Labor
Inspectorate. (Department of Labor Protection and Welfare), the area
where the employee works or the employer is domiciled.
◼ The labor inspector must complete the investigation and issue an
order within 60 days or extend the period for no more than 30 days.
◼ Upon investigation, if the labor inspector finds that the employer must
pay money to the employee, an order must be made to the employer
to pay within 30 days from the date of acknowledgment of the order.
◼ If the employer knows the order and fails to comply
within the specified time without reasonable cause, it is
considered a criminal offense and may be subject to
criminal penalties.