Key takeaways of this amendment, which is largely favorable to employees, are set out below: The employee’s consent is now required when a change of employer registration, or a merger between the employer and another company results in the transfer of employment to a new entity (for instance, when a new company is created following the merger between two companies). (2019), which was published on 4 April 2019, and which became effective on 5 May 2019, addressed the following key issues. Legal News & Analysis - Asia Pacific - Thailand - Labour & Employment 5 April, 2019 The Thai Labour Protection Act, B.E. It will become effective on and from 5 th May 2019. On 13 December 2018, the meeting of the National Legislative Assembly (“NLA”) passed the Draft Labour Protection Act B.E. Where the employer terminates the employment of an employee, the employer shall pay wage, overtime pay, holiday pay, holiday overtime pay and money the employer shall pay under this Act to an employee who is entitled to receive such pay, within three days from the date of termination of the employment”. New Labour Protection Law. An Employer shall treat male and female Employees equally in employment unless the description or nature of work prevents such treatment. A well written employment contract can prevent and settle disputes which may arise in the future. The provisions of section 75 of the Labour Protection Act B.E. Introduction. In the case where the employer is the plaintiff of the court case, the employer shall place the guarantee to the court for the amount he or she shall pay in accordance with the order before initiating the case. 7) B.E.2562 (2019)”. Male and female employees who perform work of the same type, quality,  quantity, or work of equal values must receive equal compensation, including the equality in wages, overtime payments, payments for work performed on holidays, and overtime payments for work performed on holidays. The provisions of section 155/1 of the Labour Protection Act B.E. 2541 (1998) (“ LPA ”) has previously been revised from time to time. 2551 shall be repealed and replaced by the followings: “section 9. Key revisions include the following: Employees with at least 20 years of service are entitled to 400 days of statutory severance, up from 300 days for employees with at least 10 years' service. 2) B.E. The followings shall be added as section 120/1 and section 120/2 of the Labour Protection Act B.E. The provisions of section 53 of the Labour Protection Act B.E. Expanding benefits for workers, the new law will come into effect on May 5. R&T Asia (Thailand) Limited is a full service Thai law firm which has the expertise and resources, both international and local, to assist and support you on a wide range of legal services, including representation in the Thai courts, in international and domestic arbitration, contentious and non- 2541 shall be repealed and replaced by the followings: “section 34. However, there can be some gray areas when it comes to knowing your rights as an employee in Thailand. Reading Time: 4 minutes The Thai National Legislative Assembly approved a resolution to amend the existing Labour Protection Act (the “LPA”) on December 13, 2018.This amendment to the LPA has been published in the Government Gazette on April 5, 2019, and will come into effect on May 6, 2019.Key takeaways of this amendment, which is largely favorable to employees, are set out below: Ltd. accepts or assumes responsibility, or has any liability, to any person in respect of this article. The new labour law, with more benefits for workers including a higher layoff compensation rate for long-serving employees, will come into effect on May 5. Section 5. If you require any advice or information, please speak to practicing lawyer in your jurisdiction. Section 8. 2541 as amended by the Labour Protection Act (No. Thai Labour Law on Automation Replacing Workers. The provisions of section 144 (2) of the Labour Protection Act B.E. This amendment to the LPA has been published in the Government Gazette on April 5, 2019, and will come into effect on May 6, 2019. Working time. Under the amendments, employees with 20 or more uninterrupted years of service will be entitled to receive 400 days’ pay as severance. Full paid maternity leave remains, however, capped at 45 working days. We can help with your labour law matters. Under the amendments, employees with 20 or more uninterrupted years of service will be entitled to receive 400 days’ pay as severance. Wealth. A full service law firm with multiple branches in Thailand. Such notice shall contain, at least, the statements which are clear and sufficient to understand in regard to which, where and when an employee would be moved to. In the case where an employer terminates an employment contract without giving an advance notice under section 17 paragraph two, the employer shall pay compensation for the amount of wage the employee is supposed to receive as from the date the employee is dismissed until the termination of employment contract comes into effect under section 17 paragraph two and this shall be paid on the date the employee is dismissed”. 2541 The amendments took effect on May 6, 2019. Your email address will not be published. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. Thailand Law Library is managed by Siam Legal International. The latest manifestation was revision to the Thai LPA was in 2010. In the event of a workplace relocation (whether to a new location or to another existing location), the employer is required to post a notice at the current workplace for a consecutive period of at least 30 days prior to the relocation. Under the current regime, the government strives to promote stronger protection for employees at large. Integrated international law firm providing technical excellence across our core areas of expertise; 2562 (A.D. 2019) was passed by the National Legislative Assembly (NLA) on 13 th December 2018 to amend the Labour Protection Act B.E. The amendment aims to promote and enhance gender equality through the concept of “work of the equal values” as part of the new condition for equal pay. An employee has served the company for less than 120 days. The main purposes of the amendment is to provide better protection for employees, to enhance The provisions of section 146 of the Labour Protection Act B.E. 2562 (2019) (“New LPA”) was published in the Government Gazette on 5 April 2019. Maternity leave entitlements for pregnant employees is now set at 98 days per pregnancy (increased from 90 days) and is extended to leave taken for pre-natal care, such as to attend medical appointments. 2551 shall be repealed and replaced by the followings: “section 75. Whereas it is deemed appropriate to amend the law governing labour protection. The provisions of section 9 paragraph one of the Labour Protection Act B.E. 2541 as amended by the Labour Protection Act (No. 2) B.E. Whereas this organic Act contains certain provisions in relation to the restriction of rights and liberties of persons, in respect of which section 26, in conjunction with section 40 of the Constitution of the Kingdom of Thailand so permits by virtue of provisions of law; Whereas the reasons and need for the restriction of rights and liberties of persons under this Act is to improve the level of protection for employees to be in accordance with the international standard and to be more efficient which would render employees, the majority of the public, to have more stable work and better quality of life, resulting in the benefit for the stable economy of the country and in this regard, the enactment of this Act duly complies with the conditions provided in section 26 of the Constitution of the Kingdom of Thailand; Be it, therefore, enacted by the King, by and with the advice and consent of the National Legislative Assembly, as follows: Section 1. In this post, we'll help clarify some of the basics when it comes to Thailand labor law. Yes, the employer is required to provide employment terms and conditions to meet the minimum standards set out under Thai law, such as the minimum wage (as of February 2019, a national minimum wage rate is between THB 308–330 per day based on the location of work), working days and hours of work, leave entitlements, public holidays, welfare, termination of employment, etc. Ministry of Labor, Khon Kaen jointly launched a unit for the treatment of suffering, to create a smile to the people. Section 14. The main purposes of the amendment is to provide better protection for employees, to enhance Section 18. Again, this new provision gives more certainty to employers and HR departments in the event of breakdown of the employment relationship. On April 5, 2019, Thailand’s new labour law, officially called the Labour Protection Act (No.7), was published in the Royal Gazette. Siam Legal International does not claim any rights over the republication of Thai laws within this website. The provisions of section 59 of the Labour Protection Act B.E. This Act shall come into force after the expiration of thirty days from the date of its publication in the Government Gazette. On December 13, 2018, the National Assembly of Thailand approved significant amendments to the country’s Labor Protection Act (“LPA”). Changes to Thailand's Labor Protection Act (Thai), including increased statutory severance for employees with at least 20 years' service, will take effect on 5 May 2019. – contact@cpg-online.de, → Asia in Review: The weekly news review delivered to you free of charge. 2541 shall be repealed and replaced by the followings: “section 41. 2541 as amended by the Labour Protection Act (No. An employee whose employment is stipulated in a contract set for a definite periodand the employment is terminated at the end of that period, if this form of employment is in compliance with the Thai labour laws and regulations (Section 118 of the Act). Employment. 11 April 2019. A Royal Decree on Labour Protection Act No. Section 22. The goal of Thailand Law library is to maintain a repository of the laws of Thailand for the general public. 2541 (1998) (“ LPA ”) has previously been revised from time to time. As such, the new provision gives more certainty to employers wishing to terminate employees without notice where such notice is required. Client Update: Thailand. The provisions of section 120 of the Labour Protection Act B.E. On April 5, 2019, Thailand’s new labour law, officially called the Labour Protection Act (No.7), was published in the Royal Gazette. The provisions of section 13 of the Labour Protection Act B.E. An Employer, a chief, a supervisor, or a work inspector shall be prohibited from committing sexual … However, termination of employment and wrongful dismissal are subject to certain rules that are important to respect in order to avoid any subsequent dispute with the employee or for the employer. 2541 as amended by the Labour Protection Act (No. Section 11. Expanding benefits for workers, the new law will come into effect on May 5. 2541 as amended by the Labour Protection Act (No. About the ILO in Thailand . 2541: “section 120/1. Section 4. The provisions in section 34 of the Labour Protection Act B.E. In 1994, DFDL was built on the foundation of a unique vision: to build an integrated international standard law firm, with in-depth knowledge of the Mekong Region, while providing specialized and personalized advisory services to the international business community. But, and this is very important, a severance or ex gratia payment was not compulsory under Thai labor law before 1 September 2017. Required fields are marked *, div#black-studio-tinymce-10{ display : none; }, All RIGHTS RESERVED Ⓒ 2017 ASIA LAW NETWORK, Thailand Legal Update: New Amendment to Thailand’s Labour Protection Act. On 13 December 2018, the draft amendment to the Labor Protection Act (LPA) was approved by the National Legislative Assembly and is expected to come into force soon. 2541 (1998) (“LPA”) has previously been revised from time to time. 2) B.E. The order of the Labour Welfare Committee is final except in the case where the employer or employee wishes to appeal the order to the Court within thirty days as from the date of receiving the order. Section 9. Naturally, many employers wanted to know more about how this affected them. © R&T Asia (Thailand) Limited | 1. On 20 November 2019, the National Assembly of Vietnam adopted the Labor Code No. 7) B.E. The Amended Labor Protection Act will be effective on 5 May 2019 On 5 April 2019, the Government Gazette has published the Labor Protection Act (Issue 7) B.E. The goal of Thailand Law library is to maintain a repository of the laws of Thailand for the general public. The Amended Labor Protection Act will be effective on 5 May 2019 On 5 April 2019, the Government Gazette has published the Labor Protection Act (Issue 7) B.E. 2551 shall be repealed and replaced by the followings: “section 155/1. 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