Thailand | Labour

A. Labour protection Basic rights for employers and employees are regulated in the Civil and Commercial Code as well as the

Protection Act B, E. 2541(1998), which is the main legislation that prescribes protection for employees

a) Working hours, wages and holidays- Working hours and holidays vary depending on the nature of the  work: however, the maximum working hours should not exceed eight hours per day or 48 hours per week. In  of 13 public holidays per year. including Na  leave-Every employee is entitled to sick leave for as long as the sickness lasts. The employer m  for the first 30 working days of his/her lness in any one year

sickness or death in the course of work. Worker's compensation is calculated based on the severity of thed) Worker Compensation Fund- Under the Worker Compensation Act B, E  94). every employer mus  on the total wages paidand the type of business, with a rate not exceeding 5 percent of the total wages  employees are entitled to maternity leave for a maximum period of 90 days and  for 45 days during such leave  0 Termination of employment-Under the Labour Protection Act B.E. 2551(2009). if an employer wishes to  dismiss an employee whose employment term is not specified, such employer is required to give advance notice of  the dismissal or make a payment in lieu of advance notice. If the ground for termination does not fall under those  set out in the Labour Protection Act, the employee is entitled to severance payment at a rate ranging from 30-300

lation to employment, on behalf of the employee  h) Labour court- Specialised labour courts have the authority to decide any dispute concerning labourotection law, labour relations law and employment contracts  ) Work rules-An employer with at least 10 employees is required to establish written work rules coveringwork performance and such things as working days, holidays and disciplinary actions. Such work rules must bewritten in Thai and displayed for employees in the work place. Furthermore, the employer is required to submita copy of the rules to the Director-General of the Department of Labour Protection and Welfare or the relevantdistrict office having jurisdiction over the employer  1) Social Security Fund -Pursuant to the Social Security Act B.E. 2533(1990). every employer is obligedto register with the Social Security Fund, Under the Social Security Act, the government, the employer and the  employee jointly contribute to the Social Security Fund every time wages are paid. The rate of contribution iscurrently 3 percent of an employees income but it is subject to change from time to time by Ministerial RegulationsThe maximum contribution of each employee is THB 750 per month. An employee who is a member of the SocialSecurity Fund is entitled to receive compensation benefits in nonwork-related cases such as illness, disablement,  death, child welfare, childbirth and unemployment as well as old-age benefits.

B Work Permits

o Foreigner wishing to work in Thailand must obtain a work permit by submitting an application to the  partment of Employment of the Ministry of Labour. A foreigner applying for a work permit must already either  be permitted to stay temporarily in Thailand(non-immigrant visa) or have residence in Thailand according to the  Immigration Act B E. 2522(1979)  There are a number of criteria that the Department of Employment takes into consideration before granting  a work permit, e.g. the employer's financial status, the number of the Thai employees hired by the employer and  the gross income of the applicant. At present, to obtain a work permit, the minimum paid-up registered capital of a  Thai  any employer must be THB 2 million per one foreign employee and the employer must have four Thai  per one foreign employee. These criteria are subject to change from time to tim