Thailand

In Thailand, the Labour Protection Act (LPA) governs the employment landscape, including both employer-initiated termination (dismissal) and employee-initiated termination (resignation).

Lawful Grounds for Dismissal

The LPA outlines specific grounds under which an employer can lawfully dismiss an employee:

• Dishonesty, Willful Misconduct, or Negligence: Actions that cause substantial damage to the employer.
• Willful Disobedience of Lawful Orders: Refusal to comply with legitimate instructions.
• Habitual Negligence of Duty: Consistent failure to fulfill job responsibilities.
• Absence Without Leave: Absence for three consecutive workdays without proper notification or reasonable cause.
• Imprisonment: Under a final court judgment (except for petty offenses or those due to negligence).

Notice Requirements

• Termination with Advance Notice: For termination without cause, the employer must give at least one full pay period of advance written notice.
• Termination Without Notice (Just Cause): Permitted in cases of severe misconduct listed above. The employer must terminate the employee immediately upon discovery of the offense.

Severance Pay

Employees who have worked for at least 120 days are entitled to severance pay upon termination, except for dismissal with cause. The severance calculation depends on the length of service:

• 120 Days to 1 Year: 30 days of wages
• 1 Year to 3 Years: 90 days of wages
• 3 Years to 6 Years: 180 days of wages
• 6 Years to 10 Years: 240 days of wages
• 10 Years to 20 Years: 300 days of wages
• 20 Years or More: 400 days of wages

Important Considerations

• Probationary Period: Employees within a probationary period (not exceeding 119 days) can be terminated more easily.
• Termination during Illness: Terminating an employee on certified sick leave requires extra considerations.
• Collective Agreements: Some workplaces have additional rules outlined in collective agreements.

Thailand's Constitution and labor laws provide protection against discrimination on several grounds. These include origin, race, nationality, gender, sexual orientation, gender identity, age, disability, health condition, personal status, religious belief, and political views.

Protected Characteristics

• Origin, Race, and Nationality: Discrimination based on one's place of birth, race, skin color, or nationality is unlawful.
• Gender, Sexual Orientation, and Gender Identity: The Gender Equality Act of 2015 explicitly prohibits discrimination based on gender, sexual orientation, and gender identity.
• Age: Discrimination based on age is prohibited.
• Disability: The Empowerment of Persons with Disabilities Act of 2007 protects individuals with disabilities from discrimination.
• Health Condition: This includes protection against discrimination based on HIV status.
• Personal Status: This encompasses factors like marital status or pregnancy.
• Religious Belief: Individuals are protected from discrimination based on their religion.
• Political Views: Discrimination against an individual's political opinions is prohibited.

Redress Mechanisms

Individuals who experience discrimination in Thailand have several avenues for seeking redress:

• Internal Company Procedures: Many employers have grievance mechanisms for addressing discrimination complaints. Employees are often encouraged to start with this process.
• The Labor Court: Employees can file complaints with Thailand's Labor Court. The court has the authority to order remedies such as reinstatement, back pay, and compensation for damages.
• National Human Rights Commission of Thailand (NHRC): The NHRC is an independent body that investigates human rights complaints, including those related to discrimination.
• Criminal Complaints: In some cases of severe discrimination, it may be possible to file a criminal complaint with the police

Employer Responsibilities

Employers in Thailand have a legal responsibility to prevent discrimination in the workplace. This includes:

• Creating Anti-Discrimination Policies: Employers should develop clear policies prohibiting discrimination and harassment, outlining procedures for reporting and investigating complaints.
• Training: Employers should provide training to employees on anti-discrimination laws and company policies.
• Prompt Investigation: Any complaints of discrimination must be thoroughly investigated, with appropriate and timely action taken.
• Reasonable Accommodation: Employers must make reasonable accommodations for employees with disabilities or religious requirements.

It is crucial to understand that labor regulations and anti-discrimination laws can evolve. Businesses and individuals should always seek the most up-to-date information from official Thai government sources or qualified legal professionals.

Thailand's labor laws ensure fair treatment of workers, with regulations on working hours, rest periods, and ergonomic requirements in the workplace.

Work Hours and Overtime

In Thailand, standard work hours are eight hours per day and 48 hours per week for non-hazardous jobs. For hazardous occupations, the standard work week is reduced to 42 hours. Employees are entitled to a minimum one-hour break after five consecutive hours of work.

Overtime work is permitted by law, but with regulations to protect workers. Overtime should not exceed 36 hours per week. Overtime pay must be provided at a minimum rate of 1.5 times the hourly wage for weekdays. Overtime on holidays or rest days requires an even higher pay rate, with a minimum of three times the base hourly wage.

Rest Periods and Leave

Thai labor laws mandate several rest periods and leave entitlements for employees. These include a daily rest period of at least one hour after five consecutive working hours, a weekly rest day, typically on Sunday, and paid leave on national holidays. Employees accrue annual leave entitlement, typically around 6-12 days per year depending on the employment contract and company policy. Employees are also entitled to paid sick leave for a certain period, as outlined in the Labour Protection Act.

Ergonomic Requirements

While specific regulations on ergonomics in the workplace are not as extensively documented as other labor standards, the Labour Protection Act lays a foundation for workplace safety. This empowers authorities to issue directives on occupational health and safety, which may include ergonomic considerations. In practice, some larger companies may implement ergonomic practices to improve workplace safety and worker well-being. However, enforcement and adherence may vary across sectors and company sizes.

Thailand has a strong commitment to the health and safety of its workers, as evidenced by the Occupational Safety, Health and Environment Act of 2011 (OSH Act). This legislation outlines the duties of employers, the rights of employees, and the mechanisms in place to ensure a safe working environment.

Employer Responsibilities

Under the OSH Act, employers have a significant responsibility to protect the health and safety of their workers. Key obligations include:

• Creating a Safe Working Environment: Employers are required to identify and mitigate workplace hazards to ensure a risk-free work environment. This includes providing personal protective equipment (PPE) and implementing safe work practices.
• Implementing Safety Management Systems: The 2022 amendments to the OSH Act require companies with more than 50 employees to establish a comprehensive Safety Management System (SMS) that aligns with international standards such as ISO 45001. This approach emphasizes proactive safety measures.
• Appointing Safety Officers: Employers are required to appoint qualified safety officers to oversee workplace safety programs and ensure compliance with regulations.
• Providing Safety Training: Employers must provide safety training to their employees, equipping them with the knowledge and skills to identify and avoid job-specific hazards.

Employee Rights

The OSH Act also empowers employees with the right to a safe workplace. Key rights include:

• Refusing Unsafe Work: Employees have the right to refuse work they believe is unsafe or poses a health risk, without fear of retaliation from their employers.
• Accessing Safety Information: Employees have the right to access information about workplace hazards, safety procedures, and the OSH Act itself. This transparency enables them to actively participate in maintaining a safe work environment.
• Reporting Unsafe Conditions: Employees have the right to report unsafe working conditions to their supervisors or directly to the Department of Labor Protection and Welfare (DLPW).