Both Employment Law and Labor Law in Thailand refers to the relationship between an employer and his employee. Unlike western countries where labor law traditionally refers to the law of the trade or labor unions. This traditional distinction is not maintained in the translations of the Thai laws, where employment and labor both mean the same things.
Employment law in Thailand applies to local and foreign employees alike, but additional provisions might apply to foreigners (e.g. the Foreign Employment Act) which is partly overlapping with immigration law (e.g. regarding work permits and visa issues).
In Thailand employees are protected by various law provisions, in particular the Labor Protection Act B.E. 2541 and numerous rules issued by the Ministry of Labor and Social Welfare. Some rules have been further developed by decisions of the Labor Courts which are governed by the Act on Establishment of Labor Courts and Labor Court Procedures B.E. 2522.
Employees have benefits, for example; employees are entitled to maximum working hours, rest periods, work free holidays, vacation days, continuation of payment to sick workers and minimum wages.
There are also rules regarding termination of employment. In order to terminate an employee a notification period must be observed and severance payment should be paid. Employers must abide by these laws and employees can execute their rights.
Other benefits like, Delays in salary payment may entitle the employee to considerable additional compensation. Reduction in and employee's salary without the employee's permission is not permitted. There are also special protective rules that apply to employed women and children.
At Juslaws & Consult we have lawyers in Thailand with expertise in labor and employment law who have represented clients in front of the labor board and in labor court on both sides: employers and employees. So we know how to handle labor cases. Juslaws & Consult can also can give advice to both employers and employees on how to settle a labor dispute in order to avoid long and expensive labor cases.
Traditionally, labor cases can be quick to resolve, 3 months, if both parties come in with positive attitudes.
At Juslaws & Consult we help employers to comply with the numerous employment provisions required by the employment law in Thailand, including social security, provident fund and income tax just to name a few. We can also draft employment agreements for all levels of hierarchy. AND we can represent companies in front of the Labor Board or Labor Court.
We also help employees fight for their rights, privileges and benefits at any level. We take great pride in boasting a near perfect record when it comes to representing employees in front of the labor board and in labor court.
If you would like more information please do not hesitate to contact us.