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Rules to setup work rules
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.
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: _________________________
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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