Official Emblem
Labor Protection Act,(No. 2),
B.E.2551
BHUMIBOL ADUL YADEJ, REX.
Given on the 15th February B.E. 2551
His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that:
Whereas it is expedient to revise the Law Governing Labor Protection.
This Act contains the provisions in relation to the restriction of rights and liberties of persons, in respect of which Section 29, in conjunction with Section 41 and Section 43 of the Constitution of the Kingdom of Thailand so permit by virtue of law.
Be it, therefore, enacted an Act by the King, by and with the advice and consent of National Legislative Assembly, as follows.
Section 1This Act shall be called "Labor Protection Act, (No.2), B.E. 2551."
Section 2 This Act shall come into force after the elapse of ninety days from the date of its publication in the Government Gazette.
Section 3 The definition of "Employer" under Section 5 of Labor Protection Act, B.E. 2541, shall be repealed and superseded by the following contents:
"Employer" means a person agreeing to accept employees for employments by paying wages and shall inclusively mean
(1) a person assigned to work on behalf of the employer,
(2) an authorized person to act on behalf of the juristic person in the case where the employer is a juristic person and shall also mean a person assigned by such authorized person to act on his behalf."
Section 4 The contents under paragraph one of Section 9 of Labor Protection Act, B.E. 2541, shall be repealed and superseded by the following contents:
"Section 9 In the case where an employer fails to return monetary security in accordance with paragraph two of Section 10 or fails to make a wage payment, an overtime pay, holiday pay and overtime pay for working on holidays within the period of time prescribed under Section 70 or compensation under Section 118, special compensation in lieu of advanced notice or special compensation under Section 120, Section 121 and Section 122, such employer shall pay the interests to the employees at the interest rate of fifteen percents (15%) per year during the defaulting period."
Section 5 The contents under paragraph one of Section 10 and Section 11 of Labor Protection Act, B.E. 2541, shall be repealed and superseded by the following contents:
"Section 10 Subject to paragraph one of Section 51, no employer shall demand or receive from an employee the performance guarantee or performance damage guarantee notwithstanding whether such guarantee will be money or other property or employee personal guarantee except the nature or condition of work performed is financially related matter or property of the employer for which the employee is to be responsible and which may cause damage to the employer provided, however, that the nature or condition of work under which the demand on or receipt of a guarantee from employee is allowable as well as the category of guarantee, value of guarantee and procedures on keeping it shall be in accordance with the rules, procedures and conditions announced and prescribed by the Minister.
In the case where an employer demands or receives a guarantee or makes a Contract of Guarantee with an employee for compensation payments in case of a damage arising out of an act of the employee, the employer shall return to the employee such guarantee together with interest, if any, upon the employer has laid off the employee or the employee has tendered his resignation or the Contract of Guarantee has expired, within seven days from the date on which the employer has laid off the employee or the employee has tendered his resignation or the Contract of Guarantee has expired, as the case may be.
Section 11 On a debt arising out of the money which must be paid under this Act by an employer or money which must be repaid to the Employee Support Fund in accordance with Section 135, the employees or Department of Labor Protection and Welfare, as the case may be, shall have the preferential right over all properties of the employer who is a debtor in the same rank with the preferential right in tax and duty charge in accordance with Civil and Commercial Code."
Section 6 The following contents shall be added thereto as Section 11/1of Labor Protection Act, B.E, 2541:
"Section 11/1 In the case where a business operator has assigned any person to supply people to work where such labor recruitment is not in the ordinary course of employment service business and that such working is any part of the production process or business in the responsibility of the business operator notwithstanding whether such person will be the person to monitor work controls and provide supervisions or responsible for payments of the wages to people coming to work or not, it shall be deemed that such business operator is the employer of the people coming to do such work.
The business operator shall initiate actions to enable employees receiving labor contracting flat payments for working in the same nature of work as those of the employees under the direct Employment Agreement, to receive equitable benefit and welfare without any discrimination."
Section 7 The following contents shall be added thereto as Section 14/1 of Labor Protection Act, B.E, 2541 :
"Section 14/1 On an employment agreement between an employer and an employee, working regulation, rule or an order of an employer which is excessively advantageous over the employee, the Court shall have the right to order such employment agreement, working regulation, rule or an order to be enforceable just to the extent that it is equitable and expedient according to the case."
Section 8 The contents under Section 16, Section 17 and Section 18 of Labor Protection Act, B.E. 2541, shall be repealed and superseded by the following contents:
"Section 16 An employer, a supervisor, work controller or work inspector shall be prohibited to sexually molest, threaten or create troublesomeness on employees.
Section 17 An employment agreement shall come to an end upon the expiration of the term of such employment agreement without a requirement for an advanced notification.
In the case where the term of an employment agreement is an unspecific period, the employer or the employee may terminate the employment agreement by conveying advanced written notification to such other party upon reaching or prior to reaching any wage payment
scheduled date in order that such employment termination can take effect on the succeeding wage payment date which, in this respect, an advanced notification of three months shall not be required. In this connection, an employment agreement on a trial period shall be deemed to be an unspecific period employment agreement, as well.
On terminating an employment agreement under paragraph two above, the employer may pay the wage in accordance with the amount required to be paid until the prescribed time of the employment agreement termination as notified and then terminating the employee's employment forthwith.
The advanced notice under this Section shall not apply to the employment termination under Section 119 of this Act and Section 583 of Civil and Commercial Act.
Section 18 In the case where this Act requires the employers to convey their notifications on any actions or send documents to the Director-General or a person assigned by the Director-General or Labor Inspector, the employers may convey such notifications in persons, via postal services, telephones, facsimiles, electronic medias or other categories of information technology medias provided, however, that all these proceedings shall be in accordance with the rules and procedures announced and prescribed by the Director General."
Section 9 The contents under Section 23 of Labor Protection Act, B.E. 2541, shall be repealed and superseded by the following contents:
"Section 23 The employers shall post Notifications to employees on the normal working hours by fixing the commencing and the end of the working hours of the employees each day not exceeding the working time of each category of work prescribed under the Ministerial Regulation provided, however, that the working time each day ,shall not exceed eight hours. In the case where the working time on any day is less than eight hours, employers and employees may come to mutual agreements to bring the residual hours on which work has not been performed to incorporate with the working time of the other normal working day but the working time on such other working day shall not exceed nine hours and when summing them up, the total working times must not exceed forty-eight hours per week except the work which is hazardous to health and safety of the employees as prescribed under the Ministerial Regulation, the normal working time on each day must not exceed seven hours and when summing them up, the total working times must not exceed forty-two hours per week.
In the case where employers and employees have come to mutual agreements to bring the residual hours on which work has not been performed to incorporate with the working time of the other normal working days in accordance with paragraph one above in excess of eight hours per day, the employers shall pay the remunerations of not less than one and a half time of the wage rate per hour on the working days according to the number of the excessive hours performed for daily and hourly wage employees or not less than one and a half time of the wage rate per unit on the working days according to the work outputs achieved during the excessive hours for employees receiving wages in accordance with the work outputs.
In the case where an employer cannot fix the commencing and the end of the working hours on each day due to the nature and condition of the work, the employer and employees shall come to mutual agreements on the fixing of the working time on each day not exceeding eight hours per day and when summing them up, the total working times must not exceed forty-eight hours per week."
Section 10 The contents under Section 38 and Section 39 of Labor Protection Act, B.E. 2541, shall be repealed and superseded by the following contents:
"Section 38 Employers shall be prohibited to assign female employees to do any of the following works:
(1) Mining work or construction work requiring performances to be carried out underground, underwater, in the tunnels or craters except working condition is not hazardous to the health and bodies of the employees.
(2) Work requires to be performed on the scaffolding higher over ten meters and more from the ground.
(3) Work in connection with the productions and transportations of explosive substances except working condition is not hazardous to the health and bodies of the employees.
(4) Other works prescribed under Ministerial Regulation."
Section 39 Employers shall be prohibited to assign pregnant female employees to do
any of the following works:
(1) Work in connection with a vibrating machinery or engine.
(2) Work in connection with driving/moving or traveling with a vehicle.
(3) Work requiring lifting, carrying on back, carrying in arms, carrying on shoulder,
carrying on head, pulling or pushing things in weighing exceeding fifteen kilograms. (4) Work performed on a boat.
(5) Other works prescribed under Ministerial Regulation."
Section 11 The following contents shall be added thereto as Section 39/1 of Labor Protection Act, B.E, 2541 :
"Section 39/1 Employers shall be prohibited to assign pregnant female employees to do the work between 22.00 hours to 06.00 hours, to work overtime or on holidays.
In the case of a pregnant female employee performing duty in management, academic, secretarial work position or work in relation to finance and accountancy, employer may assign such employee to work overtime on the working days to the extent that it does not affect the health of the pregnant female employee provided, however, that consent shall be obtained first from the employee at time."
Section 12 The contents under Section 50 and Section 51 of Labor Protection Act, B.E. 2541, shall be repealed and superseded by the following contents:
"Section 50 Employers shall be prohibited to assign children under eighteen years old
to work in the following places:
(1) Abattoirs.
(2) Gambling dens.
(3) Entertainment spots in accordance with the Law Governing Entertainment Places.
(4) Other places prescribed under Ministerial Regulation.
Section 51 Employers shall be prohibited to demand or receive guarantees for any purposes from child employees.
The employers shall be prohibited to pay the wages of child employees to the other persons.
In the case where an employer has paid any money or beneficial compensations to a child employee, his/her parents, guardian or other person in advance prior to hiring or at the time of initial hiring or prior to each scheduled pay day, such practice shall not be deemed to be a disposition of a payment to or receipt of the wage for such child employee and, further, the employer shall be prohibited to make any deductions of such money or beneficial compensations against the wage of required to be paid to the child employee in accordance with the prescribed payment schedule."
Section 13 The contents under Section 65 of Labor Protection Act, B.E. 2541, shall be repealed and superseded by the following contents:
"Section 65 An employee having power and duty or having been assigned by the employer to do any of the following works shall have no right to receive overtime pay in accordance with Section 61 and overtime pay on holidays in accordance with Section 63 but an employee assigned by the employer to do the work in accordance with (3), (4), (5), (6), (7), (8) or (9) shall have the right to receive a compensation in money equivalent to hourly wage rate on the working day according to the number of hours performed.
(1) An employee having power and duty to work on behalf of the employer in the case of employments, disbursements of remunerations or employment terminations.
(2) Peddling work or goods purchase inductions on which the employer has paid sales commissions to the employee.
(3) Train work process which are works performed on the train compartments and work facilitating railway operations.
(4) Operational work relating to the opening and closing of water gates or water
drainage gates.
(5) Operational work relating to the reading of water level and volume. (6) Work relating to fire fighting or public hazard prevention.
(7) Work, by its nature or condition, requiring to be performed out of the assigned place or which certain working hours cannot be fixed.
(8) Work with duty on guard of place or property which is not in the course of the ordinary duty performance of the employee.
(9) Other works prescribed under Ministerial Regulation,
unless the employer agrees on payment of overtime work or overtime for working on holidays."
Section 14 The contents under Section 67 of Labor Protection Act, B.E. 2541, shall be repealed and superseded by the following contents:
"Section 67 In the ca')e where an employer has terminated an employment which is not the case in accordance with Section 119, the employer shall pay to the employee the wage for annual vacation of the year in which the employment is terminated on a prorated basis of the annual vacation days which the employee is entitled to receive in accordance with Section 30.
In the case where the employee is the party terminating the employment agreement or the employer has terminated the employment notwithstanding whether such employment termination shall be the case in accordance with Section 119 or not, the employer shall pay to the employee the wage for the accumulated annual vacation days which the employee is entitled to receive in accordance with Section 30."
Section 15 The contents under Section 75 of Labor Protection Act, B.E. 2541, shall be repealed and superseded by the following contents:
"Section 75 In the case where it is necessary for the employer, because of any important reason evidently affecting the carrying out of his business to the extent that he can no longer carry out his business in the course of normal practice which is not a force majeure, to temporarily cease his business, wholly or partially, he shall pay the wages to the employees in the amount of not less than seventy-five percents (75%) of the wages on the working day on which the employees had received prior to the employer's business cessation throughout the period which the employee has suspended the employees from working.
The employer shall notify the employees and Labor Inspector in writing in advance of not less than three working days prior to the inception date of the business cessation in accordance with paragraph one above."
Section 16 The contents under Section 93 and Section 94 of Labor Protection Act, B.E. 2541, shall be repealed and superseded by the following contents:
"Section 93 Labor Welfare Committee shall have the powers and duties as follows:
(1) Proposing to the Minister the opinions relating to the policy, way and measures on the aspect of labor welfare.
(2) Proposing to the Minister the opinions on the issuances of Ministerial Regulations, Announcements or Rules relating to the provisions of welfare in business establishments.
(3) Giving advices on the provisions of welfare in business establishments of each category.
(4) Making follow-ups, conducting assessments and completing reports on operational results for submission to the Minister.
(5) Issuing orders to employers to pay special compensations or special compensations in lieu of advanced notices in accordance with Section 120.
(6) Performing any other acts provided by this Act or under the other laws to be the powers and duties of Labor Welfare Committee or as assigned by the Minister.
Section 94 Paragraph two of Section 78, Section 80, Section 81, paragraph one of Section 82, Section 83, Section 84, Section 85 and Section 86 shall apply to Labor Welfare Committee mutatis mutandis."
Section 17 The following contents shall be added thereto as Section 115/1 of Labor Protection Act, B.E. 2541 :
"Section 115/1 For the advantage of duty performances of Labor Inspectors in accordance with Section 139, the employers employing employees from ten persons and over shall be required to submit Employment and Working Condition Decoration Form to Director-General or his assignee in January of every year which, in this connection, the Labor Inspectors shall forward the Forms prescribed by the Director-General to the employers within December of every year.
In the case where the facts on the employment and working condition decoration submitted under paragraph one above have changed, the employers shall make relevant notifications on such changes in writing to the Director-General or his assignee within the succeeding month where the changes have been made.
Section 18 The contents under Section 119 and Section 120 of Labor Protection Act, B.E. 2541, shall be repealed and superseded by the following contents:
"Section 119 An employer shall not be required to pay compensation to an employee whose employment has been terminated under one of the following cases:
(1) Corruption to duty or intentionally committing criminal offence against the
employer.
(2) Willfully inflicting damage to the employer.
(3) Being negligent causing serious damage to the employer.
(4) Violating Working Regulation, rules or legitimate and equitable orders of the employer and the employer has already given a Letter of Warning except a serious case which is unnecessary for the employer to give a warning.
A Letter of Warning shall be effective for a period of not exceeding one year from the date on which the employee has committed an offence.
(5) Abandoning duty without reasonable reason for a consecutive period of three working days notwithstanding whether there will be a holiday in between or not.
(6) Being imprisoned by final judgment.
On the case under (6), if it is an offence committed through negligence or petty offence, it must be the case causing the employer to sustain damage.
On an employment termination without compensation payment in accordance with paragraph one above, if the employer should fail to specify the fact which is the reason for such employment termination in the Letter of Employment Termination Notification or fail to notify the employee on the reason for termination while the employee's employment is being terminated, the employer shall have no right to raise such failure as the reason on the subsequent justifications.
Section 120 In the case where an employer will relocate his business establishment to the other place which will consequently create a significant impact on the normal livelihoods of the employees or their families, the employer shall notify the employees on a period of not less than thirty days prior to the relocation of the business establishment. In this regard, if an employee should not desire to continue working with the employer, the employee shall have the right to terminate his/her employment within thirty days from the date of receiving a notification from the employer or from the date on which the employer has relocated his business establishment, as the case may be, which, in this connection, the employee shall be entitled to receive special compensation of not less than the compensation to which the employee is entitled under Section 118.
In the case where the employer fails to give an advanced notice to the employee in accordance with paragraph one above, the employer shall pay to the employee a special compensation in lieu of such advanced notice in the amount of equivalent to thirty-day pay of the employee's last wage rate or equivalent to the wage of the last thirty working days for an employee receiving wage in accordance with the work outputs calculable in unit.
The employer shall disburse payment of a special compensation or a special compensation in lieu of advanced notice to the employee within seven days from the date on which the employee has given a notice on his/her employment termination.
In the case where the employer fails to pay the special compensation or special compensation in lieu of advanced notice specified under paragraph three above, the employee shall have the right to submit his/her complaint to Labor Welfare Committee within thirty days from the special compensation or special compensation in lieu of advanced notice payment due date.
The Labor Welfare Committee shall consider the complaint and issue an order within sixty days from the date of receiving the complaint.
If it appears, after the Labor Welfare Committee had already taken the matter into their considerations, that the employee has the right to receive the special compensation or special compensation in lieu of advanced notice, the Labor Welfare Committee shall issue a written order directing the employer to pay the special compensation or special compensation in lieu of advanced notice, as the case may be, to the employee within thirty days from the date of knowing or being deemed to know the order.
In the case where it appears, after the Labor Welfare Committee had already taken the matter into their considerations, that the employee has no right to receive the special compensation or special compensation in lieu of advanced notice, as the case may be, the Labor Welfare Committee shall issue a written order and inform the employer and the employee accordingly.
The order of Labor Welfare Committee shall be final unless otherwise the employer or the employee will lodge an appeal against the order within thirty days from the date of receiving the order. In the case where the employer is the party preferring the case to the Court, the employer must lay down before the Court the security in accordance with the amount required to be disbursed in accordance with such order before the employer shall be able to enter the action."
Section 19 The contents under paragraph three of Section 124 of Labor Protection Act, B.E. 2541, shall be repealed and superseded by the following contents:
"If it is apparent, after the Labor Inspector's investigation, that the employee has the right to receive any money which the employer shall have the duty to pay in accordance with this Act, the Labor Inspector shall issue an order directing the employer to pay such money to the employee or statutory heir or heiress of the deceased employee in accordance with the format prescribed by the Director-General within thirty days from the date of knowing or being deemed to know the order."
Section 20 The following contents shall be added thereto as Section 124/1 of Labor Protection Act, B.E, 2541 :
"Section 124/1 In the case where the employer has complied with the order of the Labor Inspector in accordance with Section 124 within the prescribed period of time or has already complied with the Court judgment or order, the proceeding of criminal case against the employer shall come to an extinction."
Section 21 The contents under paragraph four of Section 125 of Labor Protection Act, B.E. 2541, shall be repealed and superseded by the following contents:
"When the case is final and the employer has the duty to pay any amount of money to the employee or statutory heir or heiress of the deceased employee, the Court shall have the power to disburse the money laid down with the Court by the employer to such employee or statutory heir or heiress of the deceased employee or Employee Support Fund in the case where the money is paid in accordance with Section 134, as the case may be."
Section 22 The contents under Section 135 of Labor Protection Act, B.E. 2541, shall be repealed and superseded by the following contents:
"Section 135 In the case where Department of Labor Protection and Welfare has already paid the money out of Employee Support Fund, wholly or partially, to an employee in accordance with Section 134, 'Department of Labor Protection and Welfare shall have the right of recourse for the return of such money from the person having duty in accordance with the law to pay such money to the employee together with the interest at the rate of fifteen percents (15%) per year from the date on which Department of Labor Protection and Welfare has paid the money out of the Employee Support Fund to the employee notwithstanding whether the person having duty in accordance with the law has already paid the money to the employee again or not.
The right of recourse under paragraph one above shall have the prescription of ten years from the date of payment of money out of the Employee Support Fund."
Section 23 The contents under Section 141 of Labor Protection Act, B.E. 2541, shall be repealed and superseded by the following contents:
"Section 141 An appeal against an order of a Labor Inspector in accordance with Section 139 (3) shall be lodged to Director-General or his assignee within the period of time prescribed in the order and that the Director-General or his assignee shall consider the appeal and convey a notification on the result of the appeal without delay which shall not exceed thirty days from the date of receiving the appeal. The decision of the Director-General or his assignee shall be final.
The appeal under paragraph one above shall not be the suspension on the compliance with the orders of the Labor Inspector unless otherwise ordered by the Director-General or his assignee or there has been a lay down of a guarantee as prescribed by the Director ¬General or his assignee.
In the case where the employer or employee has already complied with the order of the Labor Inspector in accordance with Section 139 (3) or the decision of the Director¬ General or his assignee in accordance with paragraph one above within the prescribed period of time, the proceeding of criminal case against the employer or the employee shall come to an extinction."
Section 24 The contents under Section 144 of Labor Protection Act, B.E. 2541, shall be repealed and superseded by the following contents:
"Section 144 An employer whoever violating or failing to comply with Section 10, Section 22, Section 24, Section 25, Section 26, Section 37, Section 38, Section 39, Section 39/1, Section 40, Section 42, Section 43, Section 46, Section 47, Section 48, Section 49. Section 50, Section 51, Section 61, Section 62, Section 63, Section 64, Section 67, Section 70, Section 71, Section 72, Secti0I! 76, paragraph one of Section 90, Ministerial Regulations issued under Section 95, Section 107, paragraph one of Section 118, failing to pay special compensation in lieu of advanced notice or special compensation in accordance with Section 120, Section 121 or Section 122, shall be liable for punishment of imprisonment not exceeding six months or a fine not exceeding one hundred thousand Baht or both.
In the case where an employer has violated or failed to comply with Section 37, Section 38, Section 39, Section 39/1, Section 42, Section 47, Section 48, Section 49 or Section 50, resulting in an employee to be mentally and bodily harmful or dead, such employer shall be liable for punishment of imprisonment not exceeding one year or a fine not exceeding two hundred thousand Baht or both."
Section 25 The following contents shall be added thereto as Section 144/1 of Labor Protection Act, B.E, 2541:
"Section 144/1 A business operator whoever failing to comply with Section 11/1 shall be liable for punishment of a fine not exceeding one hundred thousand Baht."
Section 26 The contents under Section 150 and Section 151 of Labor Protection Act, B.E. 2541, shall be repealed and superseded by the following contents:
"Section 150 Whoever failing to facilitate, failing to be present to make a statement, failing to send any documents or materials in accordance with a Letter of Summon of Wage Committee, Labor Welfare Committee, Sub-Committees of such Committees or an assignee of such Committees or Sub-Committees, as the case may be, or failing to facilitate a Labor Inspector or a Doctor, Social Worker or an Expert in accordance with Section 142, shall be liable for punishment of imprisonment not exceeding one month or a fine not exceeding two thousand Baht or both.
Section 151 Whoever obstructing duty performance of Wage Committee, Labor Welfare Committee, Sub-Committees of such Committees or an assignee of such Committees or Sub-Committees, as the case may be, or obstructing duty performance of a Labor Inspector, a Doctor, Social Worker or an Expert in accordance with Section 142, shall be liable for punishment of imprisonment not exceeding one year or a fine not exceeding twenty thousand Baht or both;
Whoever failing to comply with Labor Welfare Committee's order issued under Section 120 or Labor Inspector's order issued under Section 104, Section 105 or Section 124, shall be liable for punishment of imprisonment not exceeding one year or a fine not exceeding twenty thousand Baht or both."
Section 27 The following contents shall be added thereto as Section 155/1 of Labor Protection Act, B.E. 2541:
"Section 155/1 An employer whoever failing to submit or failing to make a declaration on employment and working condition in accordance with Section 155/1 and already receiving a Letter of Warning from the Labor Inspector but still failing such submission and declaration within fifteen days from the date of receiving such Letter of Warning, shall be liable for punishment of a fine not exceeding twenty thousand Baht."
Countersigned by General
Surayuth Chulanond, Prime
Minister
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