Month: September 2016

Work Rules – Practical Tips & Advice for Employers Legal Background According to section 108 of the Labour Protection Act (1998), employers having ten (10) or more employees must have work rules in Thai language, such rules must as a minimum cover the following issues: Working days, regular working hours and rest periods; Rules concerning overtime work and work on holidays; Rules concerning overtime work and work on holidays; Date and place of payment of wages, overtime pay, holiday pay and holiday overtime pay; Leave & rules for taking leave; Discipline and disciplinary actions; Submission of grievances; and Termination of employment, severance pay and special severance pay. The law imposes several requirements with respect to work rules, one of the most important being that an employer must announce the application of work rules within fifteen (15) days from the date […]

Rights of an Employer in relation to Severance Pay In this article, we shall examine the issue of whether senior staff such as a Chief Executive Officer (CEO) are entitled to severance pay from their Company (employer). We shall begin by looking at the key issue of whether a person is to be considered as an ‘employer’ or an ‘employee’ because under Thai law only employees are entitled to severance pay under the Labour Protection Act (1998) (hereinafter referred to as the LPA). In determining the issue of whether a person who works for a company is an employee or an employer it is necessary to consider the definitions of both terms under the LPA and to also determine whether the person exercises ‘management authority’ which in turn will require an investigation into several other issues including whether the person […]