The Employee Committee – An Overview

The Labour Relations Act (B.E. 2518) of Thailand (LRA) provides that in a place of business which has 50 or more employees, the employees can (but are not obligated to) establish an Employee Committee. This article shall examine key aspects of these Committee’s including their objectives, membership, rights & obligations and legal requirements for their meetings.

Purpose of the Employee Committee

The main objective of an Employee Committee is to foster and sustain good relations and communication between staff and their employer through meetings which must be held from time to time in accordance with the law. Such meetings provide a forum in which the employees and their employer can discuss various matters affecting the workplace such as welfare, staff complaints, staff suggestions/ recommendations and other issues impacting the workplace such as upcoming changes in the workplace.

Membership of the Employee Committee

The number of members of a Committee depends on the number of employees in the place of business, the LRA provides as follows:

The membership of an Employee Committee is impacted on whether the employees in the workplace are members of a labour union, this is because the LRA provides that if more than 20% of the total number of employees in a place of business are members of a labour union, then the Employees’ Committee must consist of employees in such place of business whose number appointed by the labour union shall be one more than the number of the other members who are not members of the labour union. However, if more than 50% of the total number of employees in the place of business are members of a labour union, then the labour union may appoint all the members of the Employees’ Committee.

Employee Committee Members Term of Office & Vacating Office

The LRA provides that member of the employees’ committee shall hold office for a term of three (3) years but they may be re-elected or re-appointed at the end of their term. The law provides that an Employee Committee members shall also vacate their position in the following circumstances:
1. death;
2. resignation;
3. being an incompetent or quasi-incompetent person;
4. being imprisoned by a final judgment to a term of imprisonment;
5. being dismissed by a resolution passed by more than one-half of the total number of the employees in the place of business;
6. being dismissed by the order of the Labour Court;
7. election or appointment of an entirely new Employee’s Committee.

If a member of the Employees’ Committee vacates their office before the expiration of their term, then there shall be an election or appointment, as the case may be, for a new member to replace them. The newly elected or appointed member is only entitled to hold this position for the remaining term of office of the member whom he or she replaces.

The LRA also gives employers the right to apply to the Labour Court to have it order for a specific Committee member or the entire Committee to vacate their office in the following cases:
1. If a member of the Employee Committee or the entire Committee fails to perform their duties in good faith; or
2. If they carry out any inappropriate act which may be detrimental to public order; or
3. If they disclose any business secret of the employer without reasonable justification.

When it is necessary to elect or appoint an entirely new Employee Committee?

The LRA provides that there must be an election or appointment for an entirely new employees’ committee in the following cases:
1. The number of employees of a place of business increases or decreases by more than one-half of the previous total number of employees;
2. More than one-half of the members of the employees’ committee vacate office;
3. A resolution to dismiss the whole employees’ committee has been made by more than one-half of the employees in a place of business;
4. An order to dismiss the whole employees’ committee has been issued by the Labour Court.

Meeting Requirements for the Employee’s Committee

Employers with an Employee’s Committee should be aware that the LRA stipulates that they are obligated to arrange a meeting with the Employees’ Committee at least once every three (3) months, or when more than 50% of the members of the Employees’ Committee or a labour union (if there is one) make a request with appropriate reasons in order to:
(1) Provide welfare for the employees;
(2) Carry out a consultation for specifying regulations regarding work, which will be beneficial to the employer and employees;
(3) Consider any complaint of the employees;
(4) Find ways to compromise and settle any dispute that may arise in the place of business.

If an employer fails to comply with the above Committee meeting requirements then they shall be liable to imprisonment for a term of not exceeding one month or to a fine not exceeding one thousand baht, or to both. In the case of an employer being a juristic person, the individual who would face imprisonment would be the responsible person which in the case of a company limited would ordinarily be the authorized directors.

Rights of the Employee’s Committee

If the Employees’ Committee thinks that any act of their employer will be unfair or cause unreasonable distress to the employees, then the Employees’ Committee, employees or the labour union shall have the right to request the Labour Court for a decision.

Protections Afforded to Employee Committee Members

Employers in Thailand should be very careful when considering disciplining an employee who is a member of the Employee Committee given that the LRA prohibits an employer from:
1. Terminating their employment,
2. Reducing their wages,
3. Punishing or obstructing the performance of their duty; or
4. From doing any act which may cause them to be unable continue working
Unless the employer firstly obtains permission to do so from the Labour Court.
If an employer takes any of the above actions (1-4) against a Committee Member without obtaining the prior consent of the Labour Court then they shall be liable to a term of imprisonment not exceeding one month, or to a fine not exceeding one thousand baht, or to both.

Obligations on Employers regarding Employee Committee Members

Employers are prohibited from giving or agreeing to give money or property to a member of the Employees’ Committee, apart from the following:
1. Wages;
2. Over-time wages,
3. Holiday call-back pay,
4. Bonuses,
5. Dividends; or
6. Other benefits which such member of the Employees’ Committee is entitled to receive normally as an employee.
If an employer fails to comply with the above prohibition on payments and the giving of property then they shall be liable to a term of imprisonment not exceeding one month or to a fine not exceeding one thousand baht, or to both.

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