{"id":1789,"date":"2019-04-29T02:04:59","date_gmt":"2019-04-29T02:04:59","guid":{"rendered":"https:\/\/orbis-alliance.com\/?p=1789"},"modified":"2020-12-02T11:42:43","modified_gmt":"2020-12-02T11:42:43","slug":"new-amendments-on-labor-laws-thailand","status":"publish","type":"post","link":"https:\/\/orbis-alliance.com\/es\/orbis-news\/new-amendments-on-labor-laws-thailand","title":{"rendered":"New Amendments on Labor Laws – Thailand"},"content":{"rendered":"

The Thai Government recently published in its Royal Gazette a set of new changes to the Labor Protection Act (LPA), effective 5th<\/sup> May 2019, aiming at further improving employee\u2019s working conditions as follows:<\/p>\n

Severance Pay<\/strong><\/p>\n\n\n\n\n
Currently<\/td>\nEffective 5th<\/sup> May 2019<\/td>\n<\/tr>\n
Capped at 300 days of salaries for employees who have worked for an uninterrupted period of 10 years or more<\/td>\nEmployees who have worked for an uninterrupted period of 20 years or more shall be entitled to severance pay equal to 400 days of the most recent pay rate<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Maternity Leave<\/strong><\/p>\n\n\n\n\n
Currently<\/td>\nEffective 5th<\/sup> May 2019<\/td>\n<\/tr>\n
90 days of maternity leave inclusive of weekend and public holiday and the employer must pay minimum 45 days of the most recent pay rate during the leave<\/td>\n98 days of maternity leave inclusive of weekend and public holiday and the employer must pay minimum 45 days of the most recent pay rate during the leave<\/p>\n

 <\/p>\n

Maternity leave also includes leaves taken for medical appointments and examinations before the delivery<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Necessary Business Leaves<\/strong><\/p>\n\n\n\n\n
Currently<\/td>\nEffective 5th<\/sup> May 2019<\/td>\n<\/tr>\n
The LPA recognizes necessary business leaves but it is at the employer\u2019s discretion to set the criteria in the work rules (i.e. mainly definition of \u2018necessary\u2019, number of days and whether such days shall be paid or not)<\/td>\nEmployers shall grant employees a minimum of 3 days of paid necessary business leaves per year.<\/p>\n

 <\/p>\n

However, the definition of \u2018necessary\u2019 remains unclear<\/p>\n

 <\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Workplace Relocation<\/strong><\/p>\n\n\n\n\n
Currently<\/td>\nEffective 5th<\/sup> May 2019<\/td>\n<\/tr>\n
Employers wishing to relocate employees to a new workplace and\/or to another of its existing workplace must notify the employees of such relocation<\/p>\n

 <\/p>\n

Employees may refuse to be relocated and upon informing the employers of such refusal, shall be entitled to severance pay at the normal rate<\/td>\n

Employers wishing to relocate employees to a new workplace and\/or to another of its existing workplace must post a notification of such relocation at the current workplace for a continuous period of 30 days in advance<\/p>\n

 <\/p>\n

The notice shall contain details on who, when and where the employees shall be relocated<\/p>\n

 <\/p>\n

If the employee thinks such relocation will considerably affect his\/her living habits and does not wish to be relocated , he\/she must notify the employer within 30 days following the employer\u2019s notification or on the date of relocation and shall be entitled to severance pay at the normal rate<\/p>\n

 <\/p>\n

Employers may submit an objection to the employees\u2019 refusal to be relocated to the Labor Office<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Change of Employer<\/strong><\/p>\n\n\n\n\n
Currently<\/td>\nEffective 5th<\/sup> May 2019<\/td>\n<\/tr>\n
All employees\u2019 rights accrued from the previous employer shall also be transferred to the new employer<\/td>\nIn case there is a change of employer (through merger or acquisition for instance), employers must obtain consent from the employees being transferred to the new juristic person.<\/p>\n

 <\/p>\n

All employees\u2019 rights accrued from the previous employer shall also be transferred to the new employer<\/p>\n

 <\/p>\n

Employees may not consent and upon informing the employers of such refusal, shall be entitled to severance pay at the normal rate<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

\u00a0<\/strong>Suspension of Business<\/strong><\/p>\n\n\n\n\n
Currently<\/td>\nEffective 5th<\/sup> May 2019<\/td>\n<\/tr>\n
In case the employer needs to suspend the business activities, for any reason other than force majeure, for a temporary period, the employees shall be entitled to 75% of their daily pay rate during the suspension period.<\/td>\nIn case the employer needs to suspend the business activities, for any reason other than force majeure, for a temporary period, the employees shall be entitled to 75% of their daily pay rate during the suspension period.<\/p>\n

 <\/p>\n

The payment shall be made at the current workplace. Should it be made elsewhere, the consent from the employee must be obtained.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

\u00a0<\/strong>Interests on late payments<\/strong><\/p>\n\n\n\n\n
Currently<\/td>\nEffective 5th<\/sup> May 2019<\/td>\n<\/tr>\n
In case the employer fails to pay employees in due time, interests at the rate of 15% per annum shall apply to the following payments:<\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Collateral (section 10)<\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Wage, Overtime, Holiday work (section 70)<\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Severance payment (section 118)<\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Payment in lieu of notice (relocation) and other Compensation under section 120, 121, 122<\/p>\n

 <\/td>\n

In case the employer fails to pay employees in due time, interests at the rate of 15% per annum shall apply to the following payments:<\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Collateral (section 10)<\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Payment in lieu of notice (termination) (section 17\/1)<\/u><\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Wage, Overtime, Holiday work (section 70)<\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Suspension of business (section 75)<\/u><\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Severance payment (section 118)<\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Payment in lieu of notice (relocation) and other Compensation under section 120, 121, 122<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

\u00a0<\/strong>Payment in lieu of notice<\/strong><\/p>\n\n\n\n\n
Currently<\/td>\nEffective 5th<\/sup> May 2019<\/td>\n<\/tr>\n
Employers may terminate employees with an advance notice of at least one payment cycle or immediately by paying salary in lieu of advance notice<\/td>\nEmployers may terminate employees with an advance notice of at least one payment cycle or immediately by paying salary in lieu of advance notice<\/p>\n

 <\/p>\n

Payment in lieu of notice must be paid on the date of termination<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

\u00a0<\/strong>Gender equality<\/strong><\/p>\n\n\n\n\n
Currently<\/td>\nEffective 5th<\/sup> May 2019<\/td>\n<\/tr>\n
Employers must pay wages, overtime payments, payment for working on holidays, and payment for working overtime on holidays, at the same rate for both male and female employees who undertake work of the same nature, quality, and quantity,<\/u> at an equal rate<\/td>\nEmployers must pay wages, overtime payments, payment for working on holidays, and payment for working overtime on holidays, at the same rate for both male and female employees who undertake work of the same nature, quality, and quantity, or work of the same value<\/u>, at an equal rate<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Source<\/u><\/strong>: Royal Thai Government Gazette and Bangkok Post<\/strong><\/p>\n

Should you be interested in our services, please feel free to contact us at contact@orbis-alliance.com<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

The Thai Government recently published in its Royal Gazette a set of new changes to the Labor Protection Act (LPA), effective 5th May 2019, aiming at further improving employee\u2019s working conditions as follows: Severance Pay Currently Effective 5th May 2019 Capped at 300 days of salaries for employees who have worked for an uninterrupted period […]<\/p>\n","protected":false},"author":8,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1,134],"tags":[],"class_list":["post-1789","post","type-post","status-publish","format-standard","hentry","category-orbis-news","category-thailand"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/orbis-alliance.com\/es\/wp-json\/wp\/v2\/posts\/1789","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/orbis-alliance.com\/es\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/orbis-alliance.com\/es\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/orbis-alliance.com\/es\/wp-json\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/orbis-alliance.com\/es\/wp-json\/wp\/v2\/comments?post=1789"}],"version-history":[{"count":0,"href":"https:\/\/orbis-alliance.com\/es\/wp-json\/wp\/v2\/posts\/1789\/revisions"}],"wp:attachment":[{"href":"https:\/\/orbis-alliance.com\/es\/wp-json\/wp\/v2\/media?parent=1789"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/orbis-alliance.com\/es\/wp-json\/wp\/v2\/categories?post=1789"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/orbis-alliance.com\/es\/wp-json\/wp\/v2\/tags?post=1789"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}