Law of

employment
Employment law in Thailand
Employment law in Thailand covers the rules that define the
working relationship between employees and employers. It includes
various aspects like employee benefits, payment of wages and
bonuses, work conditions, time off, and employment termination.
Employer and Employee Definitions
An employer is someone who hires and pays employees.

Employees are people who work for an employer for pay, regardless of their job title.
Working Hours and Rest
48
Full-time work should not exceed eight hours per day and ______hours per week.
Some jobs with higher risks may have shorter hours.

Employers can ask employees to work overtime with their consent, but not if it could
harm their health or safety.
Holidays
Employees have the right to weekly and public holidays. The weekly holiday should be
13 days per year. In
at least one day per week. Public holidays should be at least ____
some cases, the employer and employee can agree to postpone weekly holidays, but
not for more than four consecutive weeks.
 Pay and Benefits
Pay refers to money given to employees for their work.

Employers must pay wages in Thai currency unless the employee agrees to
another form of payment.

Full-time employees must receive a wage that is at least the minimum wage
determined by the Wage Committee.

Pay should be given at least once a month, but termination pay must be provided
within three days of the employment contract ending.
 Leave
Employees have the right to take annual leave after one year of service. The
employer can arrange annual leave without the employee's consent, but they can
also agree on it.

Sick leave is allowed for illness, but the employer can ask for a medical certificate.

90
Maternity leave is available for_____ days before and after childbirth.

Personal business leave can be granted at the employer's discretion. Leave for
sterilization, military service, and training is also allowed under certain conditions.
 Overtime
Overtime work should be compensated at a rate of at least 150% of the
employee's hourly or daily wage rate.

Payment for overtime should be made at least once a month.

Employment Contract

Nature of the Contract: In an employment contract, there's a partnership between

the employee and the employer. The employee works for the employer, and in
return, the employer pays wages. The contract specifies the rights and
responsibilities of both parties, including how the employer can manage and
supervise the employee's work.

Employers with ten or more employees also need to create work regulations in
Thai, which cover things like working hours, leave, pay, dispute resolution, and
termination of employment.
 Characteristics of the Contract
Thai employment law doesn't require a specific format for the contract. It can be
written or verbal. However, having a written contract is a good idea because it
helps clarify the terms. It can be in English or Thai, but if the employee is Thai and
doesn't understand English, it's better to use Thai. Contracts can be for a fixed
period or indefinite. Fixed-term contracts are typically used for specific projects,
temporary work, or seasonal jobs, and they should be in writing and not exceed
two years. They shouldn't allow either party to terminate the contract prematurely.
 Rights of Employee
Employees have rights set by law, like receiving their wages as agreed upon in the
contract and getting a certificate of employment when their job ends. They also
have the right to terminate the contract if the employer transfers their rights to
someone else without consent. If the employee has to move for the job, the
employer should pay for the return journey when the employment ends.
 Rights of Employee
Employees have rights set by law, like receiving their wages as agreed upon in the
contract and getting a certificate of employment when their job ends. They also
have the right to terminate the contract if the employer transfers their rights to
someone else without consent. If the employee has to move for the job, the
employer should pay for the return journey when the employment ends.

Duties of Employee:
Employees must work diligently, follow employer instructions, and not let others
take their place without the employer's consent. They should also perform the
work themselves unless the employer agrees otherwise.
 Rights of Employer
Employers have the right to supervise employees, provide instructions, and control
the work. If employees breach their obligations, the employer can terminate the
employment contract.

Duties of Employer:
The employer's duties include paying agreed wages, following the contract's terms,
and supplying the work agreed upon. Wages should be paid according to the
contract or customary practices. If no specific payment time is defined, wages
should be paid after work is done. Additionally, the employer must provide the
employee with a work certificate when the job ends and pay for the return journey
if applicable.
 Rights of Employer
Employers have the right to supervise employees, provide instructions, and control
the work. If employees breach their obligations, the employer can terminate the
employment contract.

Duties of Employer:
The employer's duties include paying agreed wages, following the contract's terms,
and supplying the work agreed upon. Wages should be paid according to the
contract or customary practices. If no specific payment time is defined, wages
should be paid after work is done. Additionally, the employer must provide the
employee with a work certificate when the job ends and pay for the return journey
if applicable.
Termination of employment contracts

1. Termination by Mutual Agreement:

Both the employer and the employee have the right to end their employment
relationship if they both agree to it. They can do this at any time, whether the contract
is for a specific period or not. One party asks to end the contract, and the other party
agrees within a reasonable time.
Termination of employment contracts
2. Termination by One Party:
In Thailand, the termination of employment contracts by one party involves different
procedures depending on the type of contract:

For open-ended contracts: Either the employer or the employee can terminate the contract
by giving notice to the other party. The minimum notice period is specified by law unless the
contract states otherwise. Employers can dismiss employees without specific legal
restrictions.

For fixed-term contracts: These contracts can't be terminated before the agreed-upon period
ends, unless there's a valid reason, such as employee misconduct. Once the specified time is
up, the contract naturally ends without the need for notice or compensation.
Termination of employment contracts
3. Termination for Specific Reasons:
Employment contracts can be terminated by the employer in specific situations, like:

If the employee allows someone else to do their work without the employer's consent.
If the employee falsely claims to have special skills.
If the employee is absent from work without a valid reason.
In the case of fixed-term contracts, they automatically end when the agreed time expires,
with no need for notice or compensation.
Termination of employment contracts
4. Termination Due to External Circumstances:
Sometimes, employment contracts can end due to circumstances outside the control of the
parties:
If the employee dies, the contract is automatically terminated.
If the employer dies, but only if the employer is an individual (not a company) and their role
is essential to the contract.
Termination of employment contracts
5. Advance Notice Period:
In cases where one party decides to end an open-ended contract, they must provide advance
notice, unless there's a valid reason. The length of the notice period is typically determined
by the employment agreement. If not specified, it's typically given in writing at the time of
payment and cannot exceed three months.
Termination of employment contracts
6. Exceptions to the Advance Notice Requirement:

During a probationary period, either the employer or the employee can end the contract
immediately.
Payment in lieu of notice: Employers can pay employees an amount equivalent to their
wages for the notice period.
Termination without notice: This can occur if the employee deliberately disobeys their
employer's lawful orders, is absent from work, commits serious misconduct, or acts against
their job's expected standards.
Severance Payments: When the employer terminates an employee who has worked for at
least 120 days, they must pay severance based on the duration of service. However, this is
not required under certain conditions, such as when the employee violates company rules or
intentionally causes damage.
 EMPLOYMENT PROTECTION
Unfair Dismissal:

Unfair dismissal means when an employer ends an employee's job in a way that's
seen as unfair or unreasonable.
Laws protect employees from unfair dismissal. For example, an employer can't fire
someone just because they're part of a labor union, organize a protest, or make a
complaint.

If an employee thinks they've been unfairly dismissed, they can file a complaint,
and the case will be reviewed by a committee that may order the employer to
reinstate the employee or pay compensation.
 EMPLOYMENT PROTECTION
Child Labor:

Laws prohibit employing children under 15 and limit working hours for those aged 15-18.
Young employees (15-18 years old) must have rest breaks during work.
Employers can't make young employees do dangerous work.
Certain places, like casinos, slaughterhouses, and others, are off-limits for children to work
in.
 EMPLOYMENT PROTECTION
Gender Discrimination:

Discrimination based on gender, among other factors, is not allowed.

Employers must pay male and female employees equally and provide equal employment
conditions, unless the nature of the work makes it impossible.
Certain jobs that might be harmful for pregnant women are not allowed.
Employers can't terminate an employee just because they're pregnant.
 EMPLOYMENT PROTECTION
Sexual Harassment:

It's against the law for an employer, supervisor, or work inspector to sexually harass an
employee.
The definition of sexual harassment is not very clear.
The law doesn't protect employees from sexual harassment by co-workers.
If the employer wants to dismiss an employee for sexual harassment, it depends on their
workplace rules.
EMPLOYMENT PROTECTION
Unfair Dismissal:

Unfair dismissal means when an employer ends an employee's job in a way that's
seen as unfair or unreasonable.
Laws protect employees from unfair dismissal. For example, an employer can't fire
someone just because they're part of a labor union, organize a protest, or make a
complaint.

If an employee thinks they've been unfairly dismissed, they can file a complaint,
and the case will be reviewed by a committee that may order the employer to
reinstate the employee or pay compensation.
 Exercise
● What is the definition of a partnership in business?
● Can you provide an example of a partnership, including the names of the partners and the type of business they operate?

● How would you define the term "dissolution" in the context of business entities?
● Could you give an example of a situation that would lead to the dissolution of a partnership?

● What is the meaning of a "public limited company" in the business world?

● Can you name a well-known public limited company and briefly describe its business activities?

● How do you define "sick leave" in the context of employment?

● Could you provide an example of an employee using sick leave, including the reasons and duration of their absence?

● What is the definition of an "employer" in the employer-employee relationship?

● Please give an example of an employment situation, specifying who the employer and employee are, and the nature of their work.

● How would you define "child labor," especially in terms of the work restrictions imposed by labor laws?
● Can you provide an example of the type of work that is considered child labor and explain why it is prohibited for minors?

● What is the definition of an "advance notice period" in the context of terminating an employment contract?
● Could you describe an example scenario where an advance notice period is required for either the employer or the employee?