How an Employees Committee Thailand Law Requires Actually Works
An Employees Committee Thailand law mandates once a workforce reaches fifty employees can do more than advise — it has the right to file a Labor Court claim on an employee’s behalf.The major legislation governing labor protection law in Thailand is the Labor Protection Act (the “LPA”). The LPA prescribes labor protection standards applicable to both employers and employees working in Thailand. However, it does not apply to government and state enterprise employees.
In our last article, we described the “Work Rules” an employer is required to provide, triggered once an employer’s workforce reaches ten or more employees. That is not the only obligation triggered by the size of an employer’s workforce: once an employer has fifty or more employees, an “Employees Committee” must be established.
Employees Committee members serve a term of three years. The minimum required number of committee members depends on the total number of employees, as follows:
| Number of Employees | Employees Committee Members |
|---|---|
| 50 – 100 | 5 |
| 100 – 200 | 7 |
| 200 – 400 | 9 |
| 400 – 800 | 11 |
| 800 – 1,500 | 13 |
| 1,500 – 2,500 | 15 |
| More than 2,500 | 17 – 21 |
Employers must arrange a meeting with the Employees Committee at least once every three months, whenever more than half of the committee’s members so request, or whenever otherwise appropriately requested, in order to:
(a) Provide welfare for employees; (b) Hold discussions regarding any Work Rules; (c) Consider employee complaints; or (d) Help resolve disputes.
Significantly, if any employer action is perceived to be unfair to an employee, the Employees Committee has the right to file a claim with the Labor Court on that employee’s behalf.
Note: an employer who violates or fails to comply with the LPA may be punished, depending on the severity of the offense, with a fine of THB 5,000 to THB 200,000, imprisonment of up to one year, or both.
Employers approaching the fifty-employee threshold should plan for establishing an Employees Committee Thailand law requires well in advance, since the committee’s quarterly meeting obligation and its independent right to pursue Labor Court claims make it a meaningful part of the employer-employee relationship, not just a formality.