In order to resolve the issue of illegal foreign workers in Thailand, and regulate those who hire them or help to bring them into the country, the government has urgently promulgated a new law, entitled the Royal Decree on Managing the Work of Foreigners B.E. 1.1 What are the main sources of employment law? However, if the Court decides that the parties are no longer able to work together, then the Court can order payment of compensation for unfair termination. Whether you are an employer or an employee, Juslaws & Consult informs A foreign employee must have paid personal income tax in the previous personal tax year (based on the minimum income requirement for his nationality) or if the foreign employee has not worked in Thailand previously, documents for potential employers confirming that, the foreign employee will obtain income in Thailand at lease in the amount of minimum income as specified based on the foreigners nationality. An employee is entitled to “special severance pay” in the following situation: â relocation of the place of business (Section 120 of the LPA); â if the employer relocates its current workplace which causes material impact to the ordinary course of living of employees or their families, the employer must notify the employees no less than 30 days in advance of the relocation date. New law looks to protect the interests of the foreigner The Government Gazette published a Royal Decree on Recruitment of Foreigners on August 15 th 2016 . 1.6 To what extent are terms and conditions of employment agreed through collective bargaining? Is conciliation mandatory before a complaint can proceed? 2521 or 1978) and was recently modified in B.E. Thai Labor Law on Automation Replacing Workers. No. A full service law firm with multiple branches in Thailand. H.E. Siam Legal International does not claim any rights over the republication of Thai laws within this website. Why are English teachers so important to Thailand. Education Recruitment in Thailand: Who to Trust? No. The change of terms and conditions requires a negotiation between the new employer and the employees, except in the case where the changes to the terms and conditions of employment are more beneficial to the employees. If so, what are the main rights and responsibilities of such bodies? The Thai labor law stipulated that the maximum number of working hours of employees in Thailand is 8 hours a day and not more than 48 hours a week. Overview of Thai labor law. 1.2 What types of worker are protected by employment law? 9.3 How long do employment-related complaints typically take to be decided? The reason in the notice of termination is not required by law unless the termination grounds are under Section 119 (termination without severance pay) of the LPA where full reasons for the termination must be provided. There are four different types, depending on the employeeâs country of origin. Second, some foreigners donât understand the law for foreigners working in China legally, and they end up work in China illegally, meaning they work in China without a suitable work permit. permanent or part-time employees, employees under special employment contract, employees under probation period, and employees under a fixed-term contract are protected under the LPA, apart from Government and State Enterprise employees that are subject to specific regulations. Despite the fact that such foreigners are working in Thailand illegally, Thai Labor Court rulings appear to support the policy that they are still protected under Thai labor law. 2551 (2008). What are the remedies for a successful claim? However, if the termination of employment is made without cause or without reasonable cause and fairness to an employee, the employee would be entitled to file a claim for unfair termination. However, this issue must be considered on a case-by-case basis. Law on Labour Contracts The main law regulating employment relationships in Vietnam is the 2012 Labour Code. How long does the process typically take and what are the sanctions for failing to inform and consult? having immediate effect without advance notice and payment in lieu of advance notice) is not an unfair dismissal as the employee used the company’s computer and internet for social media for many hours a day for her personal matters resulting in the delayed and ineffective performance of work.