Germany's new labor immigration law explained DW explains what's new for foreigners seeking a job in the country. Thai Education Thai Labor Protection Act for Teachers and Other Foreigners – If an individual lures a victim into work in Thailand (i.e., domestically, without crossing borders), the penalties are up to 3 years imprisonment or fines not exceeding 60,000 baht (1,714 USD) or both. The Labor Ministry as admitted that laws relating to what jobs should be reserved for Thais are well out of date. 2558 (2015) also promotes gender equality. Can an employer transfer employee data freely to other countries? Why are Thai monks and teachers oftentimes killed in Thailand’s Deep South? 3.5        How do employees enforce their discrimination rights? Employees do not have specific rights on data protection, except where that data is specifically protected by other laws, such as the Thai Criminal Code and the Computer Crimes Act B.E. 98 (Right to Organise and Collective Bargaining). 3. The chief of Thai Immigration, Lieutenant General Sompong Chingduang, also known as ‘Big Oud’ (because the head of Immigration has to have a nickname starting with ‘big’ apparently), is warning foreigners breaking the law in the country that the latest crackdown “is just the beginning”. Log in ■          restrictions on work suspension. Thai Culture Course: Baloney at a Thai University! No. Such restrictions often prevent an employee from working in competition with the employer or prevent an employee from taking clients with them after the termination. Is consent from a third party required before an employer can dismiss? New law looks to protect the interests of the foreigner The Government Gazette published a Royal Decree on Recruitment of Foreigners on August 15 th 2016 . In the event that the employer terminates the employment of an employee as a consequence of streamlining the work units, production process, distribution service, or the introduction or change of machinery or technology, which thereby results in the reduction of the number of employees, the employer must notify the Labor Inspector and the employee concerned at least 60 days before the … Other sources are the Labour Relations Act B.E. What are the remedies for a successful claim? Police General Adul Sangsingkea, Minister of Labor, welcomes Mr.Pirkka Tapiola, Ambassador Extraordinary and Plenipotentiary of the European Union to Thailand. 2.5        In what circumstances will a works council have co-determination rights, so that an employer is unable to proceed until it has obtained works council agreement to proposals? The delegation paid a courtesy call on the Labor Relations between Thailand and the EU at the reception room of the 6th Floor, Ministry of Labor… The Ministry of Labour has the power to suspend the strike if it causes damage to the country’s economy, grievance to the public, endangers country security or is against public order. A hire of services is a contract whereby a person, called the employee, agrees to … Law Thailand’s ... Thailand’s new Labour Protection Act. If foreigners arrive in Thailand legally, employer must register social security, which will receive benefits as the insured Thai. When there are any labor disputes, they can’t claim any protection granted by labor law. Register with us FREE. A foreign employee must have paid personal income tax in the previous personal tax year (based on the minimum income requirement for his nationality) or if the foreign employee has not worked in Thailand previously, documents for potential employers confirming that, the foreign employee will obtain income in Thailand at lease in the amount of minimum income as specified based on the foreigners nationality. However, the Amended LPA grants 98 days of maternity leave, which includes leave taken for pre-natal examination before the delivery date, and holidays during that period. Having worked in the past both for Allen&Overy and Freshfields in Italy I can really appreciate the quality of the country analysis in your multi-jurisdiction guides.Avv. 2.2        What rights do trade unions have? It is a legally binding agreement between the employer and employee, whether verbally agreed or made in written form. In what circumstances is an employee treated as being dismissed? As a teacher, I have been to the Thai labour court twice and in both cases had a settlement awarded to me. It should be noted that notwithstanding the legality of the business's undertakings pursuant to the Foreign Business Act, an individual's undertaking pursuant to the Thai Labor Code may be restricted notwithstanding the fact that the Foreign Business Act permits a company to undertake certain types of business activity, the labor … 5.5        Are employers free to change terms and conditions of employment in connection with a business sale? Furthermore, although the Thai Supreme Court has not addressed the issue in substance, previous decisions of the Court also appear to support the … Thai Labor Law on Automation Replacing Workers. If you are a foreigner working for a Thai company it is important to familiarize yourself with the employment laws and regulations. ... New Land and Building Tax collection to start in 2020 in Thailand. Further, Section 8 prohibits any undue act by electronic means to intercept another person’s computer data while being transmitted through a computer system. Thai labour law. 1.4        Are any terms implied into contracts of employment? The length of appeal varies depending on the complexity of the case. Employees also have implied duties to follow the work rules, orders or regulations of the employer in performing work honestly and faithfully, protecting confidentiality of business operations, and not causing damage or competing against the employer. Siam Legal is an international law firm with experienced lawyers, attorneys, and solicitors both in Thailand law and international law. Yes, the statutory entitlements under the LPA and CCC are implied in the employment relationship and include, without limitation, the following: ■          rest periods, leave (sick leave, business leave, skill development leave, annual leave, holiday leave, etc. All forms of discrimination stated in question 3.1 are illegal. Visitor Times Posted Date 4 May 2018 facebook In another case, the Supreme Court of Thailand opined that the employee wilfully caused damage to the employee by posting personal statements on Facebook although the employee intended only to express grievances. Members are elected by the employees and, where appropriate, appointed by the labour unions, the number of which vary depending on the numbers of employees. If the employer fails to inform an employee in advance, the employer must also pay a special severance pay in lieu of advance notice in an amount equivalent to 60 days’ pay at the last wage rate; and. Yes. Does an employee have to pay a fee to submit a claim? 3.1        Are employees protected against discrimination? If the employer fails to inform an employee in advance, the employer must also pay a special severance pay in lieu of advance notice in an amount equivalent to 30 days’ pay at the last wage rate; ■          the Amended LPA imposed duties on the employer to announce the details of the new workplace, list of relocated employees, and the timing of relocation; ■          relocation due to machinery or technology advancements (Sections 121–122 of the LPA); ■          if termination of employment results from the reorganisation of an undertaking, production line, sale or service due to the adoption of machinery or the change of machinery or technology which causes a reduction of the number of employees, the employer must give at least 60 days’ notice of termination to the employee and to the Labour Inspection Office, giving the date of the contemplated termination, the reasons for termination and a name list of the terminated employees. 7.3        Do employees have to be provided with financial compensation in return for covenants? Overview of Thai labor law. 2020 has been one of the most eventful and unprecedented years for competition law in Thailand. In general, where an employer wishes to terminate a non-fixed-term period contract with an employee, a termination notice is required to be given to an employee within a minimum period of one prospective payment period but for no more than three months unless otherwise specified in the employment contract. No. Thai law does not grant the right to the employee’s committee to co-determination, but rather a consultation right. Business Law & Tax Corporate Affair Communications December 2020 Employee Engagement February 2021 Finance & Accounting Human Resource Management International January 2021 Labor Laws & Employment Leadership Development March 2021 Marketing & Sales Monthly October 2020 Previous Events Public Seminar Risk Management Strategic Management Thai … 4.2        What rights, including rights to pay and benefits, does a woman have during maternity leave? All types of employees, i.e. According to Section 17 of the Labour Protection Act B.E. Q6: How many % of the delivery rate of contributions to social securityfund, by calculation from the pay per month? The Labor Protection Act regulates minimum standards for pay and working hours for employees. The new Labor Code takes effect Jan. 1, 2021. 5.2        What employee rights transfer on a business sale? Implementation time frame: The amendments to the Law on the Entry, Exit, Transit and Residence of Foreigners take effect July 1, 2020. Employment & Labour Law > Yes. permanent or part-time employees, employees under special employment contract, employees under probation period, and employees under a fixed-term contract are protected under the LPA, apart from Government and State Enterprise employees that are subject to specific regulations. Foreign workers in Thailand however … part-time workers, fixed-term workers and outsourced workers are generally granted the same entitlements as other employees under the LPA. ICLG - Employment & Labour Laws and Regulations - Thailand An employee is entitled to “special severance pay” in the following situation: ■          relocation of the place of business (Section 120 of the LPA); ■          if the employer relocates its current workplace which causes material impact to the ordinary course of living of employees or their families, the employer must notify the employees no less than 30 days in advance of the relocation date. Yes. 2545 (2002), the Employment and Job Seeker Protection Act B.E. 2543 (2000), and other related regulations/notifications. Thai labor law is relatively flexible for employers. 2541 (1998), as well as the Foreign Employment Act. Yes, employees can request their personal information from the employer. The share sale normally changes the shareholder’s structure of the employer, but it does not cause termination or transfer of employment upon sale of shares. It has been suggested that Wages in Thailand be merged into this article. There are 39 jobs in Thailand that are exclusively reserved for the locals. The terms of statutory entitlements must not be limited or restricted in the employment contract, and in some cases including practices between the employer and employee. Collective bargaining between the employers and employees can include any discussion on employment terms and conditions, e.g. 5.1        On a business sale (either a share sale or asset transfer) do employees automatically transfer to the buyer? If the Labour Court finds that the termination is unfair, the Court can order reinstatement of the employee on the same terms and conditions of employment. Thai government defends lèse majesté law against criticism from the UNHCR December 19, 2020; Hospital director killed by lone gunman in his own clinic December 19, 2020; 12 more COVID-19 cases in Samut Sakhon, but no lockdown yet December 19, 2020; Four charged for operating scam related to the government’s co-payment scheme December 18, 2020; Thai … Thai laws define resident individuals as those who have lived in the country for an aggregate period of 180 days in any calendar year. In the case that the employee’s committee acts as the welfare committee in the workplace, matters relating to employees’ welfare is determined by the discussion between the employer and the employee’s committee. In current practice, the employer must obtain prior consent from each employee before the transfer of employment to the new entity. A defence to a discrimination claim is to prove to the Court that all employees are treated equally in employment. Yes, the employer is required to provide employment terms and conditions to meet the minimum standards set out under Thai law, such as the minimum wage (as of February 2019, a national minimum wage rate is between THB 308–330 per day based on the location of work), working days and hours of work, leave entitlements, public holidays, welfare, termination of employment, etc. The employer and the employee may agree to arrange the period of working hours for some types of works, as stipulated by the Thai labor law, but the total number of working hours in any case must not exceed 48 hours a week. How are different types of worker distinguished? Visas/permits affected: Work … This Thailand law firm offers comprehensive legal services in Thailand to both local and foreign clients for Litigation such as civil & criminal cases, labor disputes, commercial cases, … 2551 (2008). (6) to perform any other task as prescribed by this Act or by any other law to be the powers and duties of the Labour Welfare Committee or as assigned by the Minister. Although searching for or obtaining information from publicly available sources is permitted, certain information, such as health reports, criminal records, and personal information kept under control of the relevant government agencies, cannot be obtained without a consent in writing given by the person who is the subject of that information. 1) Dismissal based on an individual employee: The employee is entitled to the following payments: ■          severance pay which will be calculated based on the duration of services (see the table below); ■          advance notice payment where an advance notice is not given to the employee; and. 4.4        Do fathers have the right to take paternity leave? A full service law firm with multiple branches in Thailand. Labor Minister MR Chatumongkol Sonakul told the news media this week that 2020 will be a year of going after foreigners illegally working in Thailand. Thai Labor Protection Act also provides for provisions regarding foreign workers or non workers or non resident aliens in Thailand. Whether you are an employer or an employee, Juslaws & Consult informs Severance pay is also required for a termination without cause. The Thai labor law stipulated that the maximum number of working hours of employees in Thailand is 8 hours a day and not more than 48 hours a week. Restrictive covenants are recognised and enforceable to the extent that it is fair and reasonable pursuant to the CCC, the Unfair Contract Terms Act, and Section 14/1 under the LPA. In any case, a strike is prohibited if at least 24 hours’ warning notice has not been given to the Labour Dispute Conciliator and the other party. 4.3        What rights does a woman have upon her return to work from maternity leave? In one case, the Supreme Court of Thailand ruled that the employer’s termination in this case (i.e. 8.3        Are employers entitled to carry out pre-employment checks on prospective employees (such as criminal record checks)? The Office of… Yes. Since Thai law does not provide a specific provision for “garden leave”, the employer can place the employee on paid garden leave. 6.4        Are there any categories of employees who enjoy special protection against dismissal? Thai law does not prohibit the use of restrictive covenants in relation to the activities performed by the employee after termination by stipulating the post-termination restriction condition in the employment contract. However, for share sale, as there is no termination or transfer of employment, the collective agreements made with the employer will be automatically continued with the buyer of shares. In order to resolve the issue of illegal foreign workers in Thailand, and regulate those who hire them or help to bring them into the country, the government has urgently promulgated a new law, entitled the Royal Decree on Managing the Work of Foreigners B.E. 1.1        What are the main sources of employment law? Thai public says No to foreign tourism and also predicts 1 to 2 years for travel to return to normal 1.6        To what extent are terms and conditions of employment agreed through collective bargaining? Law on Labour Contracts The main law regulating employment relationships in Vietnam is the 2012 Labour Code. The ministry is therefore in the process of reviewing the 39 occupations to see which ones should be possible for foreigners to do in the future. Already registered? The Thai government has come under pressure to change a number of labor laws governing foreign workers to comply with standards set by the International Labor Organization (ILO). Under the LRA, a strike is restricted where: (i) no notification is being given to the other party or is given but a labour dispute can be settled; (ii) a party having the duty to comply with the agreement has complied with such agreement; (iii) a party complies with a settlement of conciliation officer or an award issued by a labour dispute arbitrator; and (iv) a dispute is pending a decision of the Labour Relations Committee or the Labour Dispute Arbitrator. ■          Section 7 of the Computer Crimes Act prohibits the undue access of computer data that has specific preventive procedures against access and is not available to that person. The Court viewed that the employee performed her duties dishonestly and inappropriately. ... We hope that these common questions from 2019 can help you to fit one (or both) of these categories in 2020. R&T Asia (Thailand) Limited, Saroj Jongsaritwang The said Act provides that an alien needs to secure an employment permit before they can work in Thailand. The good news is that the Thai government has fixed minimum wages for foreigners working in Thailand which are obviously significantly higher than the minimum wages for Thai people. The remedy includes compensatory damages. Q6: How many % of the delivery rate of contributions to social securityfund, by calculation from the pay per month? It is generally recommended that the explicit consent of the employer should be obtained prior to the transfer in order to prevent any wrongful act claims against the company. The reason in the notice of termination is not required by law unless the termination grounds are under Section 119 (termination without severance pay) of the LPA where full reasons for the termination must be provided. In my day-to-day activities I have to face different legal issues involving several countries and, though I have acquired certain experience and a good grasp of knowledge on certain issues, your multi-jurisdiction guides are an extremely useful tool of reference to have a clear confirmation on “what to do” and “how to do” at the right moment. The main sources of employment law are the Labour Protection Act B.E. Does bargaining usually take place at company or industry level? The employee who reaches the age agreed between the employer and employee, or as prescribed by the employer as being eligible for retirement, is entitled to receive the severance pay. In general, the new employer must provide at least the same rights of employees in all respects as provided by the old employer. Whoever controls the education system controls a whole nation. Labor disputes which the Minister of Interior requests the labor court to decide in accordance with the law relating to labor relations. For foreigners who used to live in Thailand for more than 6 months For foreigners who are temporarily in Thailand for a short visit For foreigners who currently lives in Thailand on a long-term visa and requires Thai Police Clearance Certificate Under the LPA, the employer who fails to ensure equality in the workplace, causes sexual abuse, harassment or nuisance to an employee is subject to a fine not exceeding THB 20,000. having immediate effect without advance notice and payment in lieu of advance notice) is not an unfair dismissal as the employee used the company’s computer and internet for social media for many hours a day for her personal matters resulting in the delayed and ineffective performance of work. 7.1        What types of restrictive covenants are recognised? Up to 45 days of wages during the maternity leave, sick pay holiday. Consultation rights on a case-by-case basis Story of Tongdaeng or the Allegory a... 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