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.
The LPA sets out the minimum rights to which employees working in Thailand are entitled, including in the following areas:
(a) Working hours, overtime hours, working days, and leave;
(b) Wages, overtime pay, and holiday pay;
(c) Sick leave;
(d) Employee welfare; and
(e) Termination of employment.
The LPA also contains provisions relating to the protection of female employees and children. For example, employers are required to treat male and female employees equally; employers and their agents must not commit sexual harassment against female or child employees; and pregnant employees are entitled to maternity leave with salary payment for a specified period.
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.
In our following series of articles, we will highlight key sections of the LPA that every employer in Thailand should be aware of, and survey additional provisions of the law relevant to both employers and employees in Thailand.