Labour Welfare in Thailand

In Thailand, labour welfare is considered as a major concern where employers are required to provide the sufficiently comfortable, clean, and safe working conditions to all employees.

To ensure that the employee is entitled to benefit from safe working conditions, the Minister of Labour issue Ministerial Regulations Concerning the Provision of Labour Welfare in Workplace B.E.2548 (2005) which requires employers to provide the following welfare to their employees:

(1) For every 40 employees, the employer should provide one clean drinking water station

(2) Clean restrooms, built in accordance with the plan prescribed by the Building Control Act, separating between male, female, and employee with disability, with regular cleaning to ensure the high level of hygiene

(3) For a company with more than 10 employees, the employer must provide sufficient medical kit ; in case of a company having more than 200 employees, the employer is required to provide a standard medical room with at least one standby certified nurse and a doctor who must be on site for at least two times a week and not less than 6 hours a week

In addition to above mentioned requirements, the employer of 50 employees or more is obliged to establish the welfare committee in the workplace. The welfare committee must consist of at least 5 representatives of the employees, elected in accordance with the rules and procedure as determined by the Director-General of the Department of the Labour Protection and Welfare. The existing employees’ committee in the workplace, as the case may be, shall act as the welfare committee of that workplace under this Act. Hence, the welfare committee of the workplace has the following powers and duties:

  1. To jointly consult with the employer in providing welfare for the employees;
  2. To give advice and recommendations to the employer in providing welfare for the employees;
  3. To inspect, control and supervise the welfare provided for the employees by the employer; to give recommendation and guideline in providing welfare for the employees to the Labour Welfare Committee established by virtue of Section 92 of the Labour Protection Act B.E. 2541.

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Sick Leave per Thailand Labour Law

Thailand labour law says that employees are entitled to unlimited sick leave but the number of paid sick days is only up to 30 regular workdays per year. The employer can ask an employee to produce a certificate from a qualified doctor for a sick leave of three days or more. What happens if an employee skips work too much for 1 or 2 days at a time? As an employer, you have no choice but to pay the employee for all the days that he does not come to work saying that he is sick. You can only require him to show you a certificate from a doctor only if he has not come to work 3 days in a row and the certificate has to say that the doctor wanted him to take 3 (or more) days off. If he does not show you the certificate, you can fire him as this is a legal ground for letting an employee go and the employee cannot demand a severance pay.

If an employee skips work too often for 1 or 2 days at a time, and if you want to let him go, he is entitled to a severance pay. As an employer in Thailand, you should be careful when you want to fire someone. Please make sure you understand the steps to do it right. Read this article for termination of employment.

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Working hours per Thailand Labor Law

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. The employer and the employee may agree to arrange the period of working hours for some types of works, as stipulated by the Thai labor law, but the total number of working hours in any case must not exceed 48 hours a week. In the business in which the work is deemed dangerous to health or personal safety, as stipulated by law, the number of working hours must not exceed 7 hours a day and totally not to exceed 42 hours a week.

Employees in Thailand are entitled to a daily rest period of at least 1 hour after working for 5 consecutive hours. The employer and the employee may arrange the daily rest period to be shorter than 1 hour at each time but it must not be less than 1 hour a day in total. Employers in Thailand must provide a weekly holiday of at least 1 day a week at intervals of a 6 day period for the employee.

If employees work in excess of the maximum number of hours fixed either by regulation or by specific agreement, the employees are entitled to overtime compensation. The rates of overtime vary from 1.5 times to 3 times the normal average hourly wage rate for the actual overtime worked. Certain employees engaged in employment related work on behalf of the employer and other types of work as prescribed by law are not entitled to overtime compensation. The maximum number of overtime working hours is limited to not more than 36 hours a week.

For any questions regarding Thailand Labor Law, please contact ThaiLawyers.

Here is the full version of Thai Labour Protection Act B.E. 2541,

Thai Labour Protection Act (No.2) B.E. 2551,

and Thai Labour Protection Act (No. 3) B.E. 2551.