Can an employer transfer employee data freely to other countries? Korean Labor Law Guide made it to the Best New Labor Law Books Author: Sunny Lee Published Date: January 9, 2020 I’m happy to announce that my book, “Korean Labor Law Guide”, made it to BookAuthority’s Best New Labor Law … The LRA set out procedures prior to the undertaking of any industrial actions. If foreigners arrive in Thailand legally, employer must register social security, which will receive benefits as the insured Thai. 2521 or 1978) and was recently modified in B.E. 3.2        What types of discrimination are unlawful and in what circumstances? No, the LPA does not recognise custody rights. A pregnant employee may take no more than 90 days of maternity leave, including holidays. The change of terms and conditions requires a negotiation between the new employer and the employees, except in the case where the changes to the terms and conditions of employment are more beneficial to the employees. If foreigners arrive in Thailand legally, employer must register social security, which will receive benefits as the insured Thai. No, representation by the employees at board level is not required by Thai law. 3.8        Are there any specific rules or requirements in relation to whistleblowing/employees who raise concerns about corporate malpractice? 2.3        Are there any rules governing a trade union’s right to take industrial action? Thai labor law is relatively flexible for employers. 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. Therefore, the employer would need to give careful consideration to the necessity and reasons for the large number of dismissals prior to invoking the termination exercise and implement a fair procedure (using fair criteria) for the selection of employees whose employment would be terminated. All employees’ rights and obligations against the employer remains the same. ■          the compensation amount that must be paid to the employer when violating the non-compete contract is considered as predetermined damages, and the Court at its discretion may reduce or remit the damages. Is consent from a third party required before an employer can dismiss? 1.6        To what extent are terms and conditions of employment agreed through collective bargaining? The basic presumption of Thai Labor Law is that the Employer is in a superior position in relation to the Employee therefore Employees require the law to equalize the imbalance of power. A minimum of 10 workers, having Thai nationality, who are under the same employer or in the same kind of work can form a labour union, and at least two labour unions can form a labour federation, and must register union regulations at the Department of Labour Protection and Welfare. Thai Labor Law on Automation Replacing Workers. 1.4        Are any terms implied into contracts of employment? Farming including looking after livestock, forestry and fisheries (exception: farm manager). Are employees entitled to compensation on dismissal and if so, how is compensation calculated? The employee is entitled to receive special severance of not less than statutory severance under Section 118 provided in the above table. 4. 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. 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. A full service law firm with multiple branches in Thailand. Yes, there is no law specifically restricting or prohibiting the conduct of background checks. The Thai Government recently published in its Royal Gazette the new Land and Building Tax Act B.E. 9.3        How long do employment-related complaints typically take to be decided? However, terminations and dismissals are subject to certain rules that are important to respect in order to avoid any subsequent dispute with the employee or for the employer. No. 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. 4.5        Are there any other parental leave rights that employers have to observe? Associate judges are appointed from persons in the lists of representatives of the employers and the employees compiled by the Labour Department in accordance with the vote casted by members of the employer association and the labour union registered in the territorial jurisdiction of the Labour Court concerned. How long does the process typically take and what are the sanctions for failing to inform and consult? Thai law draws a distinction between employees with an employment contract and independent contractors working with a service contract. Why are Thai monks and teachers oftentimes killed in Thailand’s Deep South? Law on Labour Contracts The main law regulating employment relationships in Vietnam is the 2012 Labour Code. Is conciliation mandatory before a complaint can proceed? However, this issue must be considered on a case-by-case basis. 5.2        What employee rights transfer on a business sale? 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. 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 following persons who are protected in special circumstances under the LPA and LRA are: ■          a pregnant employee who is being terminated due to her pregnancy; ■          any member of the employee’s committee who has been dismissed by the employer unless a consent is obtained from the Labour Court; and. Employment of residents. 6.3        What protection do employees have against dismissal? The Court viewed that the employee performed her duties dishonestly and inappropriately. In Thailand, it is commonly known as the “Agreement relating to Conditions of Employment”, and it can take place at the company and industry level. I have a Thai family and have been living and working here, full-time, for almost 5 years. Only hope for foreigners locked out of Thailand as easing continues with strict controls on entry. If so, on what grounds is discrimination prohibited? 4.6        Are employees entitled to work flexibly if they have responsibility for caring for dependants? 98 (Right to Organise and Collective Bargaining). The amount of compensation ordered is at the sole discretion of the Court. 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. Upon asset sale, the new employer must accept all rights and duties that the employees have against the old employer and grant the same benefits and rights to the employees, for example, the years of service. In Thailand, a work council is called an “employee’s committee”, and is not compulsory and may be established in a company having 50 employees or more under the LRA. The labor ministry in partnership with law enforcement and Thai immigration will especially be targeting foreigners on tourist and education visas without work … What makes buying real estate in Thailand different and more complicated for non-Thai nationals is that Thai land laws prohibit every foreigner from owning land making it impossible for foreigners to obtain outright ownership over land and house in Thailand. An employment contract is not required to be in writing under Thai law. 3.4        Are there any defences to a discrimination claim? The employee’s committee has the role of representing its employees in discussing welfare, working regulations with the employer, and also considering the complaints of employees and solving disputes that occur in the workplace. Only 2,000 foreigners have yet registered to be reunited with love ones as tourism to also reopen. 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 … 6.4        Are there any categories of employees who enjoy special protection against dismissal? 8.5        Can an employer control an employee’s use of social media in or outside the workplace? The said Act provides that an alien needs to secure an employment permit before they can work in Thailand. 2541 (1998), and is mainly governed by the Ministry of Labour. ... We hope that these common questions from 2019 can help you to fit one (or both) of these categories in 2020. 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. Thai property laws are considered western. With an employment contract, the employee agrees to work and receive wages in return and the employer has the power to supervise employees during the work; however, contractors are entitled to receive payment when the work is completed. The latest manifestation was revision to the Thai LPA was in 2010. 2544 (2001), the Skill Development Promotion Act B.E. In what circumstances is an employee treated as being dismissed? Thai labor laws governing foreign workers to be amended. 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. 1.3        Do contracts of employment have to be in writing? Bricklaying, carpentry and other construction tasks. ■          the employee is subject to imprisonment by a final court judgment. The welfare committee has the duty to discuss the welfare with the employer and propose to the Committee on Labour Welfare. 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. Dismissal of employees can be made only on fair and reasonable grounds. Since Thai law does not provide a specific provision for “garden leave”, the employer can place the employee on paid garden leave. 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. 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. The Labour Court has the power to adjudicate labour disputes, at which professional judges and associate judges representing the employers and the employees in equal number are presented at the trial. Working hours per Thailand Labor Law Thai Lawyers | July 22, 2012. Other sources are the Labour Relations Act B.E. Yes. Thai Nominee Shareholders Stealing From The Company December 18, 2020 Work Permit for Working Anywhere in Thailand November 16, 2020 Deposit is not an Income September 21, 2020 Overview of Thai labor law. 3. The Labor Protection Act regulates minimum standards for pay and working hours for employees. However, if the termination of employment is made without cause or without reasonable cause and fairness to an employee, the employee would be entitled to file a claim for unfair termination. Supawat Srirungruang Why are English teachers so important to Thailand. 1.1        What are the main sources of employment law? If an agreement is reached it is enforced by the Court; however, if not, the proceedings continue. The Court has the discretion to consider whether the restrictive covenants are enforceable by considering related factors such as good faith, bargaining power, position and level of the employee, etc. 2545 (2002), the Employment and Job Seeker Protection Act B.E. 4.2        What rights, including rights to pay and benefits, does a woman have during maternity leave? No, Thai law does not require an employee to be paid extra compensation for a restrictive covenant to be enforceable. 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. Key ministries met on Sunday to discuss access by foreigners to the kingdom and a tourism relaunch. 1. I have also been to the labour court in South Africa as … In practice, it is recommended for the employer where possible to give notice of termination for all cases specifying full reasons for termination to protect against future claims. Thai Labor Protection Act also provides for provisions regarding foreign workers or non workers or non resident aliens in Thailand. The original story can be viewed on the Bangkok … The new Labor Code takes effect Jan. 1, 2021. covers common issues in employment and labour laws and regulations – terms and conditions of employment, employee representation and industrial relations, discrimination, maternity and family leave rights and business sales – in 51 jurisdictions, ICLG.com > However, the employee who resigns has no right to claim for compensation. If you are a foreigner working for a Thai company it is important to familiarize yourself with the employment laws and regulations. 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). Thailand. 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. 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. The employees, labour union, the committee, sub-committee and staff members of the labour union are protected from criminal or civil allegations while undertaking labour union activities. ■          wages, overtime pay, holiday pay, holiday overtime pay and a payment in lieu of unused annual holiday. 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? 2522 (1979), the Royal Decree on Managing the Work of Aliens B.E. In current practice, the employer must obtain prior consent from each employee before the transfer of employment to the new entity. Thailand Law Library is managed by Siam Legal International. It is useful to have such prohibition of discrimination included in an internal policy, a code of conduct, employment terms, or a company’s work rules. Section 15 of the LPA and the Gender Equality Act B.E. H.E. Pasquale Stricagnolo - CNH Industrial Financial Services S.A. © 2002-2020 Copyright: ICLG.com | Our Privacy, Register with us FREE There are no specific additional legal requirements regarding redundancies. 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. 2550 (2007). 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. 6.8        Can employers settle claims before or after they are initiated? 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 … part-time workers, fixed-term workers and outsourced workers are generally granted the same entitlements as other employees under the LPA. 2. Under the LPA, a “welfare committee” is compulsory for a company having 50 employees or more, which shall comprise of at least five employee representatives. The Amended LPA clearly specifies the same concept that the consent of the employee must be obtained. How are different types of worker distinguished? In order to employ a foreign national, the Department of Employment will look at things such as: whether the work could be done by a Thai; that the foreigner is appropriately … 2537 (1994), the Occupational Safety, Health and Environment Act B.E. The Labor Ministry as admitted that laws relating to what jobs should be reserved for Thais are well out of date. 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. ■          any employees, employee representatives, committee or sub-committee members of a labour union or labour federation relating to agreement relating to conditions of employment or its amendment who has been dismissed during the time that the request is submitted to the employer under the LRA. The employee’s committee must hold office for three years and its members can be re-elected or re-appointed. The employer is able to conduct its monitoring activities to the extent that it is not in violation of the law. ( Discuss) Proposed since March 2020. R&T Asia (Thailand) Limited, Saroj Jongsaritwang If not, do employees have to be provided with specific information in writing? Yes, in case the employees refuse to give a consent, or the seller does not wish to employ and terminate such existing employees without cause due to the transfer of employment, the employees are entitled to severance pay upon termination. It is a legally binding agreement between the employer and employee, whether verbally agreed or made in written form. 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). 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. 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 . A minimum of 10 workers, having Thai nationality, who are under the same employer or in the same kind of work can form a labour union, and at least two labour unions can form a labour federation, and must register union regulations at the Department of Labour Protection and Welfare. Thai public says No to foreign tourism and also predicts 1 to 2 years for travel to return to normal relocation of place of business, reorganisation of undertakings or production line or machinery or technology advancements. In part one on our series on Thailand’s new foreign labor law we explained that the new law allows foreigners to work without a work permit in some limited but significant circumstances.. What most have failed to notice so far is that the new law is also very good news for foreigners who are still required to obtain … In general, expatriate employment is governed by the Alien Employment Act which provides criteria designed to protect the domestic labor market. Schools in Vietnam, Full-Time Math, Science, English Teachers In Hua Hin, prachuap khiri khan, Friendly, Native English Speakers (Sam Phran and Bangkok), SMOKE: A Crisis in Northern Thailand, The Health Effects and a Solution. 8.2        Do employees have a right to obtain copies of any personal information that is held by their employer? However, if the Court decides that the parties are no longer able to work together, then the Court can order payment of compensation for unfair termination. When there are any labor disputes, they can’t claim any protection granted by labor law. Siam Legal International does not claim any rights over the republication of Thai laws within this website. On my side and referring to the specific multi-jurisdiction guides you sent to me, the real added values of your publications are (i) extremely in-depth analysis of the subject; (ii) broad countries coverage; (iii) ready-to-use information; (iv) optimal choice of the law firms called upon to make the analysis for the relevant country. I know that it is different depending on nationality, and that teachers may be exempt. Foreign workers in Thailand however … Thai public says No to foreign tourism and also predicts 1 to 2 years for travel to return to normal. 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. ■          to report to relevant labour officials. My advice is to do your homework … The goal of Thailand Law library is to maintain a repository of the laws of Thailand for the general public. 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 … Law Thailand’s ... Thailand’s new Labour Protection Act. An employee can file a claim in the Labour Court against an employer for statutory severance pay or unfair termination compensation after termination of employment without first having to report or make a complaint to the Labour Inspector. In several cases, the Supreme Court of Thailand ruled that: ■          a non-compete contract is enforceable so long as it is not contrary to public order and good morals; ■          a non-compete contract must be interpreted strictly; ■          a non-compete contract must be enforced on a specific type of work and for a limited time; and. The main law related to Foreigners working in Thailand is called the Aliens Working Act (B.E. (G) THAI CIVIL AND COMMERCIAL CODE (HIRE OF SERVICE) This law pertains to the hire of services. 3.3        Are there any special rules relating to sexual harassment (such as mandatory training requirements)? If the collective agreements exist, the collective agreements are still in effect and bind both the employees and the buyer of assets as a new employer. 2020 has been one of the most eventful and unprecedented years for competition law in Thailand. There is no requirement to provide any written information to the employee. This is the first of a series of articles about the Thai labour law and the labour courts and how foreigners, especially teachers in Thailand, are affected by them. They are probably very different to labor and employment laws in your home country. Yes. Is the Thai education system really a failure? Whether you are an employer or an employee, Juslaws & Consult informs 8.3        Are employers entitled to carry out pre-employment checks on prospective employees (such as criminal record checks)? Keywords: Labour Law, Termination, Thailand, Employee. 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. 2.4        Are employers required to set up works councils? The employee’s committee must also act as the welfare committee in the workplace if it exists. 2541 (1998), as well as the Foreign Employment Act. How does a business sale affect collective agreements? 6.6        Are there any specific procedures that an employer has to follow in relation to individual dismissals? The time frame from filing until a judgment is made can range from nine to 24 months, with overly complex cases potentially taking even longer. A new law passed by the Ministry of Public Health though has outlined the ways foreigners can possess medical weed and the extent that they can participate in the Thailand cannabis industry. Siam Legal is an international law firm composed of experienced lawyers, attorneys, and solicitors both in Thailand law and international laws. 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. Under the new law, which came into effect on the 16 th of August, an employer wishing to recruit an alien to work under him must first gain permission from the Director General of the Department Employment. Furthermore, although the Thai Supreme Court has not addressed the issue in substance, previous decisions of the Court also appear to support the … 3.7        Do “atypical” workers (such as those working part-time, on a fixed-term contract or as a temporary agency worker) have any additional protection? Further, Section 8 prohibits any undue act by electronic means to intercept another person’s computer data while being transmitted through a computer system. Whoever controls the education system controls a whole nation. R&T Asia (Thailand) Limited, The International Comparative Legal Guides and the International Business Reports are published by: Global Legal Group. No, the employer is not required to consult or notify employees before entering a business sale under Thai law. 2541 submitted to a labour inspector; or there is a labour dispute under the labour relations law; or there is a lawsuit is commenced, an employer must retain the record and the documents until the order or judgement of such matter has been final. Prior to the first hearing, the Labour Court requires the two parties to meet and discuss an amicable settlement. This traditional distinction is not maintained in the translations of the Thai laws, where they both mean the same thing. A hire of services is a contract whereby a person, called the employee, agrees to … 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. Download our “Labour Law and Employment in Romania – 2020 Guide (PDF) ... under the terms expressly provided by the law: maximum number of defined employment agreement is 3 successive ones, and the maximum period is 36 months. 2541 (1998) (LPA) and the Thai Civil and Commercial Code (CCC). Labor disputes which the Minister of Interior requests the labor court to decide in accordance with the law relating to labor relations. 2518 (1975) (LRA), the Act Establishing the Labour Court and Labour Court Procedure B.E. 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. Q6: How many % of the delivery rate of contributions to social securityfund, by calculation from the pay per month? 6.2        Can employers require employees to serve a period of “garden leave” during their notice period when the employee remains employed but does not have to attend for work? Be made only on fair and reasonable grounds: How many % of the following occupations the Labour... 2528 ( 1985 ), the Workmen ’ s Deep South a legally binding agreement the! State Enterprise Labour Relations Act B.E Jan. 1, 2021 three free PDF downloads per month Thai! Teacher, i have a Thai company it is a legally binding agreement between employers! 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