Rules to setup work rules
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1. In a business establishment where there are 10 or more employees shall have work rules in Thai language and announce within 15 days from the date upon which the workforce of the employer reaches a total of 10 or more employees.
2. An employer shall distribute and post the work rules in a conspicuous position at the work place, and being seen by employees at their convenience.
3. The employer shall post the amended work rules within 7 days from the date of applicability.
4. Employer shall
4.1 Announce work rules in Thai language or send copy of work rules amendment within 7 days from the date of announcement to Local Welfare and Labors Protection Office. In case there are many branch offices, factories, which use the same work rules, the employer shall send the copy of work rules to each Local Welfare and Labors Protection Office that the branch offices or factories located on or send copy of such work rules to Local Welfare and Labors Protection Office which the headquarter located on.
4.2 Keep copy of work rules in each branch offices or factories.
5. The Director-General or his designate shall be empowered to order the employer to amend, within a specified period, those work rules which contravene the law.
6. The applicability of the work rules still be enforced even the employer decreases to be less than 10 employees.
7. The employer doesn't setup work rules or neglect to amend the work rules according to the order of Director-General or his designate is guilty according to Section 146, shall be fined for not exceed to 20,000 baht.
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Example of Work Rules
Name of business establishment: ____________________________________
Location: Headquarters' address no. ____ Moo _____, ____________ Rd.,
Sub-District of _______________, District of ________________,
Province of ______________ Telephone no. ________________
Branch office/factory's address no. ____ Moo _____
Sub-District of ______________, District of _________________,
Province of _________________ Telephone no. _____________
Type of Business _________________________________________
1. Work days, regular working hours and rest periods
1.1 Work days
Headquarter: ____ work days a week
From ___________ to ___________
Branch office/factory: ____ work days a week
From ___________ to ___________
1.2 Regular working hours
Headquarter: ____ office hours a day
From ___________ to ___________
Branch office/factory: ____ office hours a day
From ___________ to ___________
Shift work: ____ office hours a day
1st shift from ___________ to ___________
2nd shift from ___________ to ___________
3rd shift from ___________ to ___________
Works that may be harmful to the health and safety of the employee are, Work in the position of ________, at ____ office hours a day from ______ to ________.
Land transportation work at ____ office hours a day from ______ to ________.
1.3 Rest periods
A. During regular working hours
Headquarter: from ______ to ________.
Branch office/factory: from ______ to ________.
Child employee: from ______ to ________ and from ______ to ______.
Land transportation work: from ______ to ______.
B. Before overtime work
When overtime work lasts for not less than two hours beyond normal working hours, an employer shall let an employee have a rest period of _______ minutes before the employee starts to work overtime.
2. Holidays, and rules for taking holidays
2.1 Weekly Holidays
Headquarter: _______ holidays a week
Branch office/factory: _______ holidays a week
Employer shall make basic pay on weekly holidays (the employer must mention if no payment on weekly holidays for daily workers, hourly workers, or works based upon output is upon agreed)
2.2 Traditional Holidays
An employee shall get his basic pay on traditional holidays for not less than 13 traditional holidays.
1. National Labour Day. 2.
3. 4.
5. 6.
7. 8.
9. 10.
11. 12.
13.
(Or the employer shall notify traditional holidays each year in advance.)
Where a traditional holiday falls on a weekly holiday, the employee shall be granted an additional holiday on the following working day.
2.3 Annual Vacation
An employee who has worked continuously for one full year shall be entitled to have an annual vacation of _______ working days with the right to get his basic pay on his annual vacation. An employer may arrange an annual vacation and notify an employee in advance, or arrange as their agreement.
An employer and employee may agree in advance that the annual vacation is cumulative and postponed and taken together with that of the following year but such cumulative annual vacation must be taken in ____ years.
3. Rules of overtime work and holiday work
Rules
Where the nature or type of work necessitates continuous performance, stoppage may damage the work, or it is an urgent, the employer may require an employee to work overtime or work on holidays or work overtime on holidays as necessary without prior consent from the employee.
If the business is that of a hotel, theatre, transport, restaurant, cafe, club, society, medical establishment, the employer may require the employee work on holidays.
Other than specified in the first and second paragraph, the employer may require the employee to work overtime or work on holidays or work overtime on holidays occasionally with consent of an employee for each time.
Overtime work or work on holidays or work overtime on holidays according to the second and third paragraph must not exceed to 36 hours a week.
For transportation work, if the employer requires the employee to drive transportation overtime, the employer must receive consent in writing from the employee. Such overtime work must not exceed to 2 hours a day except there is any necessary from force majeure, accident, or a traffic trouble.
Overtime Pay
3.1 Where the employer requires an employee to work overtime on a working day, the employer shall pay overtime at the rate as the follows.
a. Not less than one and a half times the rate of the hourly basic pay earned in normal working hours for the hours of overtime
b. Or not less than one and a half times the rate for each unit of output on a working day for employees who receive basic pay upon output.
3.2 Where an employer requires an employee to work overtime on a holiday, the employer shall pay holiday overtime pay on holidays to the employee at the rate as follows.
a. Treble basic pay rate earned per hour.
b. Or treble basic pay rate earned per unit of output on a normal working day for employees who receive basic pay upon output.
Holiday Pay
3.3 In respect of an employee who is entitled to receive basic pay on holidays, weekly holidays, traditional holidays, annual vacation, if the employee works on such holidays, an additional amount of not less than one multiple of the hourly basic pay rate earned per hour on a normal working day, or not less than one multiple of the rate of basic pay per unit of output earned per unit on a normal working day for an employee who is paid on the basis of output.
3.4 In respect of an employee who is not entitled to receive basic pay for holidays, if the employee works on such holidays, he shall be paid an amount of not less than double the hourly basic pay rate earned per hour on a normal working day, or not less than double the rate per unit of output earned per unit on a normal working day for work done by an employee who is paid on the basis of output.
4. Date and place of payment of basic pay, overtime pay, holiday pay and holiday overtime pay
4.1 The employer shall make payment of basic pay, overtime pay, holiday pay and holiday overtime pay and other pay according to employment to the employee at least one time a month except others as agreed which must be benefit to the employee. The payment must be made at workplace or if it is made at other place or other way, it must be consent by employee.
4.2 In case of employment termination or employee's resignation before the date of payment of basic pay, overtime pay, holiday pay and holiday overtime pay, etc. the employer must make such payment to the employee within 3 days from the date of employment termination or resignation.
5. Leave and rules for taking leave
5.1 Sick Leave
An employee is entitled to sick leave and receive his basic pay at a rate equal to the basic pay for a normal working day for the entire time taken as sick leave for up to 30 working days per annum.
If sick-leave is taken for three or more working days, the employer may require that the employee acquire a medical certificate from a first class medical practitioner or from a government clinic. If the employee fails to acquire a medical certificate from a first class medical practitioner or from a government clinic, the employee shall provide the employer with an explanation. Where a physician has been provided by the employer, the physician shall issue the medical certificate, except where the employee is unable to be examined by that physician.
If the employee is unable to work because his sick or accident occur from work or maternity leave, such leave shall not be deemed sick leave.
5.2 Sterilization leave
An employee is entitled to take leave for the purposes of sterilization and shall have the right to take leave as a result of the sterilization for such time as a first class medical practitioner shall prescribe and in respect of which he issues a certificate and get his basic pay at a rate equal to normal working days during the leave.
5.3 Personal Business Leave
An employee is entitled to take leave to attend to his personal business for ____ days a year. (It should be specified in the work rules that an employee shall or shall not get his basic pay on his personal business leave.)
5.4 Military Service Leave
An employee is entitled to take leave for military service when the government makes a call for personnel inspection, for military training, or for testing of combat readiness, and get his basic pay at a rate equal to normal working days during the leave but not exceed 60 days excluding conscription.
5.5 Training Leave
An employee is entitled to take leave for training or development of his knowledge in the following cases.
a. For the benefit of labour and social welfare or development of his skills for his work efficiency.
b. For knowledge examination setup or be allowed to setup by government body excluding to leave for education.
The employee shall submit his letter asking for a leave for not less than 7 days in advance, the employee shall take a leave after approval from the employer.
(It should be specified in the work rules that an employee shall or shall not get his basic pay on his training leave.)
Child employee aged under 18 shall have the right to take leave to attend meetings, seminar, training sessions, or take leave for other reasons, which are held by educational institutes or a government or private agency approved by the Director-General of Department of Labour Protection and Welfare. The child employee shall notify the employer the reason of leave with concerned documents (if any). The employer shall pay the basic pay to the child employee in respect of leave of absence at his normal rate of basic pay for up to 30 days per annum.
5.6 Maternity Leave
A pregnant female employee is entitled to maternity leave of not more than 90 days for each pregnancy, including holidays during the maternity leave and get her basic pay at a rate equal to normal working days during the leave but not exceed 45 days. A pregnant female shall notify the employer her pregnancy.
Where a pregnant female employee is in possession of a certificate issued by a first class medical practitioner, stating that she is no longer able to perform her original duties, the employee shall be entitled to request her employer to change her work temporarily either before or after childbirth, and the employer shall consider changing her duties to such as are suitable for the employee.
6. Discipline and punishment
6.1 An employee must comply all work rules
6.2 An employee must obey rightful order from his superior.
6.3 An employee must punctually start working and record starting time as specified.
6.4 An employee must perform his work with honest, not persecute or intend to damage to the employer or other employee.
6.5 An employee must perform his work with diligent and his full ability.
6.6 An employee must comply with safety work rule.
6.7 An employee must maintain machine, tools or equipment in good and repair condition as necessary or appropriate to his duty.
6.8 An employee must protect any properties in workplace or factory not to lost or damage from any person or any risk as he can.
6.9 An employee must keep the workplace or factory in clean and order condition.
6.10 An employee must not have a brawl or harm any person in the workplace or factory.
6.11 An employee must not bring drugs, narcotics, or harmful weapon or explosive into workplace or factory.
Any employee violates these rules will be considered to be punish by verbal, written, suspension from work, or terminate employment as appropriate to his guiltiness.
7. Complaints
7.1 Scope and essence of the complaint
Complaints mean when an employee is unhappy or distressed from work either by condition of working, employment, command, assign, basic pay on work or other benefits or any unsuitable performance between employer or superior and employee or among employees. An employee may submit to the employer to solve the problem for benefit of good relationship between an employer and an employee and keep the employee's happiness.
7.2 Methods and procedure
An employee who is unhappy or distressed from work as above shall submit complaint to the direct superior or the first chief as soon as possible except such complaint is in connection with such superior or such superior is the cause, shall submit the complaint to the next level chief.
An employee shall fill in the form prescribed by the employer for full information.
7.3 Investigation and consideration of complaints
The superior receive complaint from the employee investigate the facts and consider the complaint as detailed as possible by himself or by assistance of the employer. The employee who submits the complaint shall be inquired all information to the superior.
After investigation, the superior shall consider such compliant and settle within boundary of his authority and notify the employee who submits the complaint and report to the employer.
If such complaint is beyond the authority of the superior shall submit such complaint to the next level chief with his opinion and comment.
The next level chief shall investigate and consider such complaint.
Each level chief shall process regarding to complaint within 7 days.
7.4 Procedure for the settlement of complaint
After each level chief consider and settle the complaint and notify the employee who submits the complaint, if the employee satisfies with the settlement shall notify the superior as soon as possible. But if the employee who submits the complaint does not satisfy with the settlement shall appeal by fill in appeal form prescribed by the employer and submit to the supreme chief within 7 days from the date acknowledge the settlement from the first superior.
The supreme chief shall consider the appeal and make a settlement according to the complaint and notify to the employee who submits the complaint within 15 days.
If the employee who submits the complaint still does not satisfy with the settlement from the supreme chief, shall process in the other legal way or submit to the employer to setup arbitrator to settle such complaint.
7.5 Protection of the person submitting the complaint and other persons involved.
An employee who submits complaint conscientiously, employee who gives inquiry or information, fact or any evidence in connection with a complaint and an employee who considers a complaint conscientiously even it causes trouble to the employer shall be ensured from the employer that it shall not be a cause to terminate his employment or punishment.
8. Termination of employment, severance pay and special severance pay
8.1 Termination of employment in normal case
Termination of employment means
(1) Where an employer requires the employee not to continue his working and does not pay a basic pay either because of expiration of employment contract or any reason.
(2) Where an employee is unable to work and does not receive his basic pay because the employer is unable to continue his business
An employer shall pay severance pay to an employee whose employment is terminated, as follows.
a. An employee who has worked for at least 120 consecutive days, but for less than one year shall be paid basic pay for 30 days at the most recent rate of basic pay received by him or not less than his basic pay received for the last 30 days in the case of an employee who receives his basic pay based upon his output.
b. An employee who has worked continuously for at least one year but less than three years shall be paid basic pay for 90 days at the most recent rate of basic pay received by him or not less than his basic pay received for the last 90 days in the case of an employee who receives his basic pay based upon his output.
c. An employee who has worked consecutively for three years but less than six years shall be paid basic pay for 180 days at the most recent rate of his basic pay or not less than his basic pay received for the last 180 days in the case of an employee who receives his basic pay based upon his output.
d. An employee who has worked consecutively for at least six years but less than 10 years shall be paid basic pay for not less than 240 days at the most recent rate of his basic pay or not less than his basic pay received for the last 240 days in the case of an employee who receives his basic pay based upon his output.
e. An employee who has worked for more than 10 years consecutively shall be paid basic pay for not less than 300 days at the most recent rate of his basic pay or not less than his basic pay received for the last 300 days in the case of an employee who receives his basic pay based upon his output.
An employer is not required to pay severance pay to an employee whose employment has been terminated for any of the following reasons:
1. Dishonest performance of his duties or the intentional commission of a criminal act against the employer;
2. Intentionally causing loss to the employer;
3. Performance of gross negligence which result in severe loss to the employer.
4. Violation of the employer's work rules or regulations or order which are both lawful and equitable when the employer has already issued the employee with a prior written warning, except in a serious instance when the employer is not required to give a warning.
The written warning shall be effective for a period of one year as from the date of the commission of the violation by the employee;
5. Neglect of his duties for a period of three consecutive work days without reasonable cause, whether or not a holiday intervenes;
6. Imprisonment by reason of a final judgement except punishment of offence committed by negligence or petty offence.
Termination of employment contract
a. An employment contract shall be terminated when the specified period in the employment contract expires without in advance notification to the employer and employee.
b. An employment contract without specified period, either an employer wishes to terminate the employment or an employee wishes to resign, such party shall give notification to the other party at least one payment period in advance.
8.2 Where an employer terminates an employee because of improvement to the working unit, production, distribution or service processes, arising from the utilization of machinery or a change of machinery or technology, and which is cause of the reduction in number of employees. The employer shall follow:
1. Notify the employee to be terminated, of the date of termination of employment, the reasons for terminating the employment and the name(s) of the employee(s) to be terminated at least 60 days in advance of the employment termination date.
Where an employer fails to give advance notice to an employee of his termination, or give advance notice but shorter than 60 days, the employer shall instead of the advance notice, pay special severance pay, equal to 60 day pay at the most recent rate of basic pay that the employee has received, or equal to his basic pay received for the last 60 days in the case of an employee who receives his basic pay based upon his output.
2. An employer shall pay special severance pay in addition to the regular severance under clause 8.1 in case an employer terminates an employee who has worked continuously for 6 years or more, the employer shall pay special severance pay in an amount of not less than the basic pay received for the most recent 15 days, for each complete year of work; or not less than the basis pay received for the most recent 15 days for each complete year of work in the case of an employee who receives his basic pay based upon his output, but the total severance pay shall not, in aggregate, exceed 360-day basic pay at the most recent rate or not exceed the basic pay paid for the last 360 days in the case of an employee who receives his basic pay based upon his output.
In calculating special severance pay, where an employment period is less than one year, the exceed of more than 180 days shall be deemed as one year of employment.
8.3 Where an employer relocates its place of business and effects the ordinary course of living of the employee or his family, the employer shall follow:
1. Notify the employee of the relocation not less than 30 days prior to the date of relocation.
Where an employer fails to give advance notice of relocation of its place of business to an employee, or give advance notice but shorter than 30 days, the employer shall pay special severance pay, equal to 30 day pay at the most recent rate of basic pay that the employee has received, or equal to his basic pay received for the last 30 days in the case of an employee who receives his basic pay based upon his output.
2. If an employee does not wish to work for the employer at the new location, he has the right to terminate his employment contract and be entitled to special severance pay at the rate of not less than 50% of the rate of severance pay under clause 8.1.
Upon the submission, within 30 days from the date the employer relocates the place of business, by an employee of a request to the Labour Welfare Committee, that Committee will consider whether or not the employer must give prior notice or whether or not the employee is entitled to terminate his employment contract with the right to receive special severance pay under Paragraph 1.
Announcement date: ____________________
Signature: _________________________
(_________________________)
Title: _________________________
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Guideline to setup work rules
1. Working days, regular working hours and rest periods
1.1. Working day shall not exceed to 6 days a week (section 28) An employee who work in the business of petroleum according to Ministerial Regulations no. 7 may have not more than 28 consecutive working days at each working period.
1.2. Regular working hours
The normal work period must not exceed the limit for each category of work as stated in the Ministerial Regulation. One working day must not exceed 8 hours and one working week is not to exceed 48 hours. An exception applies in cases where the nature of the job makes it hazardous to the health and safety of the employee as stipulated in the Ministerial Regulation. For this particular kind of job, the working hours in one day is not to exceed 7 hours and the working hours in one week is not to exceed 42 hours (Section 23)
Ministerial Regulation No. 2
a. Work time for all types of work is not to exceed 8 hours per day.
b. Work defined as possibly hazardous to the health and safety of employees are work that is done underground, underwater, in caves, in tunnels or in places lacking ventilation, work concerning radioactivity, welding work, work concerning the transport of dangerous substances, work concerning the production of hazardous chemicals, work concerning the use of vibration tools which may cause injury to the user, working concerning extremely cold or hot temperatures, which may be a health hazard. For work possibly hazardous to the health and safety of the employee, be it highly dangerous by nature or performed in sub-standard safety work environment as stipulated, the employer is to limit the daily work time to no more than 7 hours per day or no more than 42 hours per week, prohibits the doing of overtime or holiday work (Section 23). But if the employer can prepare working environment according to Ministerial Regulation issued according to section 103 an employer can specify working time as prescribed in clause a. and may require an employee to do overtime or holiday work.
Employees pursuing career work, performing jobs related to service and administration, clerical work, trade, service, manufacturing goods or works related to the above mentioned may consent to working any hours per day but their workload may not exceed 48 hours per week. (Ministerial Regulation No 7)
Ministerial Regulation No. 7 specified regular working hours for the business of petroleum, for not exceed to 12 working hours a day.
Ministerial Regulation No. 12 For employees in the land transportation industry i.e., drivers, bus drivers including other employee working in the process of transportation i.e., bus receptionists, ticket collectors, inspectors, stationmaster, the normal work time is no more than 8 hours a day. For employee in the land transportation of hazardous chemical i.e., transportation of inflammable substance, transportation of explosive shall be according to Ministerial Regulation No. 12.
1.3. Rest periods
An employer shall allow an employee a rest period of at least one hour once the employee has worked on that day for five consecutive hours. The employer and employee may agree in advance to have an interval rest period whilst the total rest period for the day shall not be less than one hour. Where an employer and employee agree that a rest period is to be otherwise, that agreement shall be effective only if it is beneficial to the employee. (Section 27)
For workers employed in venues selling food and beverage that open for service at different intervals in a day may have rest periods of more than 2 hours a day (Ministerial Regulation No. 7).
An employer shall arrange for a child employee to have an uninterrupted rest period each day of not less than one hour for every four hours that the employee has worked. However the child employee is entitled to such rest period as is prescribed by the employer during the said four hours. (Section 46)
For employees as a driver in the land transportation industry shall have rest period of at least one hour once the employee has worked on that day for four consecutive hours. The employer and employee may agree in advance to have an interval rest period for not less than 20 minutes each whilst the total rest period for the day shall not be less than one hour. An employer shall also arrange a rest period for not less than 10 hours before start working in the next working day (Ministerial Regulation No. 12).
2. Holidays and rules for taking holidays
2.1. Weekly Holidays
An employer shall let an employee have at least one day off per week as a weekly holiday and the interval between each weekly holiday shall be no longer than six days.
As to hotel, transport and forestry work or work performed in isolated areas, an employer and employee may agree in advance that weekly holidays be accumulated and be taken at a later time, but nevertheless during the period of four consecutive weeks when the entitlement to leave accumulated. For example, if an employee accumulates for 2 weeks, he will work for 12 working days then the 13th and 14th shall be fixed weekly holiday. If an employee accumulates for 4 weeks, he will work for 24 working days then the 25th, 26th, 27th and 28th shall be fixed weekly holiday (section 28).
For shift work, if an employer arranges rest period for not less than consecutive 24 hours, it shall be deemed that the employer has already arranged weekly holiday. One working day for shift work shall be commenced from starting time of work until 24 hours, traditional holiday shall be started from 00.01.
For work in the petroleum industry the employer must arrange holidays as appropriate to the situation. In the case that the employer and employee consent to a work period of 14 days or more, the employer must ensure that the employee receives a continuing holiday period of no less half the work period i.e., an employee undertaking a work period of 14 days would be entitled to a continuing holiday period of 7 days, an employee undertaking a work period of 28 days would be entitled to a continuing holiday period of 14 days (Ministerial Regulation No. 7).
An employer shall pay an employee his basic pay equal to a working day's basic pay in respect of a weekly holiday, except for employees who receive a daily wage, an hourly wage or a wage calculated on output. Or if an employer agrees to pay a wage, it shall be specified in work rules (Section 56)
2.2. Traditional Holidays
An employer shall inform an employee in advance of at least 13 annual traditional holidays as prescribed by the Minister which shall include National Labour Day which is May 1st. An employer shall consider fixing the other traditional holidays in accordance with annual government, religious or local customary holidays by fix date or announce yearly traditional holidays.
Where a traditional holiday falls on a weekly holiday, the employee shall be granted an additional holiday on the following working day (Section 29).
In businesses related to hotels, restaurants, clubs, societies, tourist venues, work done in the forest, work done in remote areas, work concerning transportation or where the nature or type of work necessitates continuous performance, stoppage may damage the work, employees may work on national holidays and be compensated by taking their days off on other days (Ministerial Regulation No. 4).
An employer shall pay an employee his basic pay equal to a working day's basic pay in respect of a traditional holidays (Section 56).
2.3. Annual Vacation
An employee who has worked continuously for one full year shall be entitled to have an annual holiday of not less than six working days which shall be fixed in advance by the employer or set out in an agreement made between the employer and the employee.
To accumulate an annual holiday, an employee is entitled to have a full annual holiday fixed by the employer. It is stated in the law that an employee must have an annual holiday of not less than six working days, which is the minimum standard. An employer shall not deprive an employee's right except an annual holiday is over minimum standard.
For an employee who has worked for less than one year, the employer may grant the employee an annual vacation on a pro-rata basis. For example, an employer who arranges annual holiday for employee by calendar year, where an employee works from July 1st till December 31st which is the end of calendar year, total working period is 6 months, the employer shall arrange annual holiday for the employee for not less than 3 working day (Section 30).
In the last year of work, where an employer terminates the employment and the employee has not committed any offence under Section 119, the employer shall pay to the employee basic pay in respect of his annual vacation for the year in which employment was terminated, in proportion to the number of days of annual vacation to which the employee is entitled, including accumulated annual vacation (Section 67).
Unless an employer arranges all three kinds of holidays or less than three, an employer shall holiday pay or guilty. Objectives of the legislation is to have holidays for employee for relaxation or perform traditional activity, so where an employer fails to arrange weekly holidays, traditional holidays or annual holiday, and make holiday pay instead is not agreeable to the law. Where an employer fails to arrange holidays as above or arranges less than specified in the law, it shall be deemed that the employer is guilty according to section 28, 29 and 30. Also the employer must make holiday pay and holiday overtime pay as if the employer requires the employee to work on holiday according to section 64.
3. Rules concerning overtime work and work on holidays
3.1. Definition
"Overtime work" means work agreed to by the employer and the employee which is performed on a working day in excess of or beyond the normal working time or working hours in a day.
"Work on holidays" means work which is performed on a week holidays, traditional holidays and annual holidays in the normal working time or working hours in a day.
"Work overtime on holidays" means work, which is performed on such holidays in excess of or beyond the normal working time or working hours in a day.
3.2. Work that the employer may require an employee to work overtime or work on holidays or work overtime on holidays as necessary without prior consent from the employee are as follow. (Section 24, 25)
3.2.1. Where the nature or type of work necessitates continuous performance, stoppage may damage the work such as cement pouring work, simmer sugar to crystallize.
3.2.2. Where the work is an urgent such as crisis, i.e., fire, flood which need labour to move belongings, or industrial factory related to agricultural product.
3.2.3. The business is that of a hotel, theatre, transport, restaurant, cafe, club, society, and medical establishment.
3.3. Work that the employer may require an employee to work overtime or work on holidays as necessary with prior consent from the employee.
Unless specified in clause 3.2 above, an employer must receive prior consent from the employee before requiring an employee to work overtime or work on holidays.
To work overtime is an occasional work as necessary and need to receive prior consent each time.
3.4. To fix overtime work hour, holiday work hour, and holiday overtime work.
Where the nature or type of work necessitates continuous performance, stoppage may damage the work or the work is an urgent, an employer may require an employee to work overtime or work on holidays or work overtime on holiday as necessary with unlimited hour (Section 24 Second paragraph).
Work under clause 3.2.3 and 3.3, an employer may require an employee to work overtime or work on holidays or work overtime on holiday but total not more than 36 hours a week (Ministerial Regulation No. 3).
3.5. Payment rate
Overtime Pay
Not less than one and a half times the rate of the hourly basic pay earned in normal working hours for the hours of overtime or not less than one and a half times the rate for each unit of output on a working day for employees who receive basic pay upon output (Section 61).
Holiday Pay
In respect of an employee who is entitled to receive basic pay on holidays, weekly holidays, traditional holidays, annual vacation, if the employee works on such holidays, an additional amount of not less than one multiple of the hourly basic pay rate earned per hour on a normal working day, or not less than one multiple of the rate of basic pay per unit of output earned per unit on a normal working day for an employee who is paid on the basis of output.
In respect of an employee who is not entitled to receive basic pay for holidays, if the employee works on such holidays, he shall be paid an amount of not less than double the hourly basic pay rate earned per hour on a normal working day, or not less than double the rate per unit of output earned per unit on a normal working day for work done by an employee who is paid on the basis of output (Section 62).
Holiday overtime pay
The employer shall pay holiday overtime pay on holidays to the employee at the rate of not less than treble basic pay rate earned per hour or not less than treble basic pay rate earned per unit of output on a normal working day for employees who receive basic pay upon output (Section 63).
3.6. An employee who shall not be entitled to overtime pay
The employer shall clarify in the work rules for an employee who shall not be entitled to overtime pay.
An employee who shall not be entitled to overtime pay, holiday pay, and holiday overtime pay is an employee who has the authority and duty to act on behalf of the employer in relation to the terms of employment, the grant of gratuities, a reduction in basic pay or termination of employment except where the employer agrees to pay holiday pay to the employee (Section 65 (1), Section 66).
An employee who shall not be entitled to overtime pay and holiday overtime pay but shall be entitled to receive an amount equal to the hourly rate of basic pay payable for working days on the basis of the actual hours worked:
(1) Work on the railways which comprises work performed on trains and work to facilitate the passage of trains;
(2) Opening and closing watergates or drainage watergates;
(3) Recording water levels and measuring of water volumes;
(4) Fire fighting or work concerning the prevention of public hazards;
(5) Work whose nature or type requires performance away from the work place, and because of its nature or type cannot fix definite working hours;
(6) Taking turn of guarding or care taking premises or property which is not within the normal scope of work and duties of the employee;
(7) Taking care taking premises or property (Ministerial Regulation No. 8) ;
(8) Land transportation work (Ministerial Regulation No. 12).
An employee who work overtime but shall no be entitled to receive overtime pay, holiday overtime pay including any compensation except where the employer agrees to pay but shall be entitled to receive holiday pay is an employee whose work is in the nature of peddler (Ministerial Regulation No. 7).
4. Date and place of payment of basic pay, overtime pay, holiday pay and holiday overtime pay
4.1. Date of payment of pays (Section 70)
An employer shall correctly and precisely pay basic pay, overtime pay, holiday pay and holiday overtime pay at the following times:
(1) Where basic pay calculated on a monthly, daily, hourly basis or at other duration of no longer than one month or on the basis of output, payment shall be made at least once a month, unless otherwise agreed upon by the employer and employee in the best interests of the employee, for example, an employee who works in sea may agree to receive his payment when upon his landing even it over one month.
(2) Where basic pay calculated by methods other than those prescribed in (1), i.e., by yearly, payment shall be made at the time agreed upon by the employer and employee.
(3) Where the employer terminates the employment of an employee or an employee resigns, the employer shall pay basic pay, overtime pay, holiday pay and holiday overtime pay to an employee entitled to receive such pay, within three days from the date of termination of the employment or resignation.
4.2. Place of payment of pays (Section 70)
An employer shall pay the basic pay, overtime pay, holiday pay, holiday overtime pay, and other benefits to the employee at the employee's work place.
If payment is to be made elsewhere or by other methods, for example, bank transfer, the employee must give his written consent to the same. (Section 77)
5. Leave and rules for taking leave
Sick leave is days upon which an employee is unable to work which is not work-related injury or illness, excluding work-related injury or illness or maternity leave.
Sick leave day shall be calculated only on working day excluding holiday interval such sick leave period.
Maternity leave means leave to prepare for maternity.
Maternity means pregnancy for not less than 28 weeks and giving birth even a baby alive or not, including recuperation.
The followings shall not be deemed a maternity leave.
Leave to have a prenatal check-up, shall be personal business leave.
Leave because of conception sick, or abortion before 28 weeks pregnancy, shall be sick leave.
An employee is not required to acquire a medical certificate.
6. Discipline and punishment
Discipline means regulation specify behavior require an employee to perform for each business establishment for its order and working efficiency, an employee who disobeys shall be punished as his penalty base.
An employer may specify punishment in two types.
1. An employer may make punishment as his discretion.
2. An employer may specify level of punishment of each penalty.
An employer shall not make punishment by wage cutting, which is contrary to section 76 of Labour Protection B.E. 2541.
In case an employee late on work or absent, an employer may deny to pay compensation on a pro-rata of late or absent.
7. Submission of complaints
The law has stipulated detail on submission of complaints for settlement in Section 109, which an employer may adapt to condition of employment and working as appropriate.
8. Termination of employment, severance pay and special severance pay.
8.1. Termination of employment in normal case means termination of employment either there is an employment contract with and without specified period. This includes retirement, business winding-up because of economic crisis, expropriation, or business license denouncement.
Severance pay means money that an employer pays to an employee where the employment has been terminated as prescribed in the law beyond other compensation that an employer agrees to pay to an employee.
An employer is not required to pay severance pay to an employee whose employment has been terminated for any of the following reasons:
1. Resignation
2. An employee whose his working period is not complete 120 days.
3. An employee who commit any clause according to section 119 which an employer is not entitled to add any clause rather than specified in section 119.
4. An employee whose period of employment is of a fixed duration for not exceeding to two years and whose employment is terminated at the expiration of that duration. The works related are as employment on a special project, which is not in the normal way of business or trade of the employer, where there is a fixed schedule for commencement and completion of work or work of a temporary nature with a fixed schedule for its commencement or completion or seasonal work in respect of which employees are only engaged during that season (Section 118).
Employment contract termination
In the event that an employer gives a notice of termination of the contract of employment, if the employer does not specify a reason therefor in the notice of termination, the employer is thereafter stopped from relying on that reason under Section 119 (Section 17).
Where an employer gives a notice of termination of the contract of employment during probation, which is no specific term is set out in the employment contract, the employer shall give advance notice to the employee according to the second paragraph of Section 17.
8.2. Special severance pay means money that an employer pays to an employee where the employment has been terminated as followings.
8.2.1. Where an employer terminates an employee because of improvement to the working unit, production, distribution or service processes, arising from the utilization of machinery or a change of machinery or technology, and which is cause of the reduction in number of employees.
8.2.2. Where an employer relocates its place of business and effects the ordinary course of living of the employee or his family. Where an employer relocates its place of business and effects the ordinary course of living of the employee or his family, the important condition to consider is that such relocation effects the ordinary course of living of the employee or his family or not in case an employee does not wish to work for the employer at the new location. If it is unclear that whether such relocation effects the ordinary course of living of the employee or his family, the employer shall suggest the employee to submit to the Labour Welfare Committee to consider within 30 days from the date the employer relocates the place of business for clarification.
Apart from these 8 clauses specified in clause 108 as above, an employer may setup the addition in work rules regarding to work i.e., evaluation, benefits, salary structure, demanding of or receiving from an employee a guarantee money, returning a guarantee money, retirement, etc. The addition shall not contrary to the law.
Administrative Requirements of The Employer
Section 108
An employer who employs ten or more employees shall have work rules in the Thai language. These rules shall, as a minimum, contain particulars of the following:
(1) Working days, regular working hours and rest periods;
(2) Holidays, and rules for taking holidays;
(3) Rules concerning overtime work and work on holidays;
(4) Date and place of payment of basic pay, overtime pay, holiday pay and holiday overtime pay;
(5) Leave and rules for taking leave;
(6) Discipline and punishment;
(7) Submission of complaints;
(8) Termination of employment, severance pay and special severance pay.
An employer shall announce the applicability of the work rules within 15 days from the date upon which the workforce of the employer reaches a total of 10 or more employees.
The employer shall, at all times, keep a copy of these rules at its place of business operations or in the employer's office. The employer shall submit a copy of the rules to the
Director-General or his designate within seven days from the date when the rules become effective.
The Director-General or his designate shall be empowered to order the employer to amend, within a specified period, those work rules which contravene the law.
An employer shall distribute and post the work rules in a conspicuous position at the work place, for the information of and being seen by employees at their convenience.
Section 109
A complaint submitted pursuant to Section 108 (7) shall at least contain the following details:
(1) Scope and essence of the complaint;
(2) Methods and procedure for the submission of complaints;
(3) Investigation and consideration of complaints;
(4) Procedure for the settlement of complaints;
(5) Protection of the person submitting the complaint and other persons involved.
Section 110
Where there is an amendment to work rules, the employer shall post up the amended rules within seven days from the date of notification of the date when the amendment is to become effective and Section 108 Paragraphs 2, 3 and 4 shall apply mutatis mutandis.
Section 111
When an employer announces work rules made pursuant to Section 108, the employer has the duty thenceforth to comply with Sections 108 and 110, regardless of whether or not the employer subsequently employs less than 10 employees.
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