Employment law refers to the relationship between an employer and his employee, while labor law traditionally refers to the law of the trade or labor unions. Please note that this traditional distinction is not maintained in the translations of the Thai laws: labor law can here also refer to employment law.
Thai employment law 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, which rules have been further developed by court decisions of the Labor Courts which are governed by the Act on Establishment of Labor Courts and Labor Court Procedures B.E. 2522.
For example, employees are entitled to maximum working hours, rest periods, work free holidays, holidays, continuation of payment to sick workers and minimum wages. In order to terminate an employee a notification period must be observed and severance payment be paid. Delay in salary payment may entitle the employee to considerable additional compensation. Special protective rules apply to employed women and children.
At Juslaws & Consult we have lawyers with expertise in labor and employment who have represented clients in labor court on both sides: employers and employees. We also know how to avoid certain typical labor court cases in the first place. We also can give advice on cultural and psychological aspects at intercultural work places in big companies, as we at Juslaws & Consult comprise Thai and foreign employees.
We help employers to comply with the numerous employment provisions, including social security, provident fund and income tax matters. We have drafted employment agreements for all levels of hierarchy.