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, the LPA does not apply to Government and State Enterprise employees.

The LPA prescribes the minimum rights to which employees’ working in Thailand are entitled in such areas as:

(a)       Working hours, overtime hours, working days, leave;

(b)       Wage, overtime pay, holiday pay;

(d)       Sick leave;

(e)       Employee welfare; and

(f)        Termination of employment.

Additionally, provisions relating to protection of female and children are also contained in the LPA — for example, employers are required to treat male and female employees equally; employers and their agents must not commit sexual harassment against employees who are female or children; and pregnant female employees are entitled to maternity leave for a period of time with salary payment.

Note: any employer who violates or fails to comply with the LPA may be punished according to the level of his or her offence with a fine of Thai Baht 5,000 to Thai Baht 200,000, or imprisonment of up to one year, or both.

In our following series of articles we will highlight sections of the LPA and of which every employer in Thailand should be aware and then survey additional provisions of the law relevant to both employers and employees in Thailand.

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