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.
Once an employer has ten or more employees, that employer must provide “Work Rules.” These Work Rules must be in the Thai language and must be announced and put into force within fifteen days of the employer’s workforce reaching ten or more employees. The employer must also submit the Work Rules — along with any later amendments — to the Department of Labor Protection and Welfare within seven days of the Work Rules coming into force.
An employer’s Work Rules may contain any legally permissible conditions of employment. At a minimum, however, the Work Rules must address the following:
- Regular working hours and breaks;
- Work holidays and the rules for taking them;
- Rules concerning overtime work and work on holidays;
- The date and place of payment for wages, overtime pay, holiday pay, and holiday overtime pay;
- Leave and the rules for taking leave;
- Terms and procedures for employee discipline and punishment for misconduct;
- The procedure for submitting, considering, and settling employee complaints regarding employment conditions or issues;
- Protections afforded to any employee who files such a complaint; and
- The procedures and terms for termination of employment, severance pay, and special severance pay, if any.
The employer must distribute the Work Rules to all employees and post them in a conspicuous location at the workplace. If the employer’s workforce later falls below ten employees, the Work Rules must nonetheless remain in effect.
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.