The Labour Protection Act B.E. 2541
About TMA Group
TMA Group is a professional company focusing on local recruitment and corporate consulting in Thailand, dedicated to providing one-stop services including recruitment, financial management, tax disposal, legal consulting, personnel management, etc. for enterprises and individuals. If you need more advice on investment in Thailand, please feel free to contact us.
BHUMIBOL ADULYADEJ REX.
Given on this 12th day of February B.E. 2541
Being the 53rd year of the Present Reign
His Majesty the King Bhumibol Adulyadej is graciously pleased to proclaim that: Whereas it is expedient to revise the law on labour protection; Be it, therefore, enacted by H.M. The King with the advice and consent of the National Assembly as follows:
Section 1.This Act shall be cited as the “Labour Protection Act B.E. 2541” .
Section 2.This Act shall come into force after one hundred and eighty days from the date of its publication in the Government Gazette.
Section 3.The following shall be repealed:
(1) the Announcement of National Executive Council No.103, date 16th March B.E. 2515; and
(2) the Act Amending the Announcement of National Executive Council No. 103, dated 16th March B.E. 2515 (NO. 1) B.E. 2533.
Any other laws, rules and regulations insofar as they are prescribed in this Act, or are contrary to or inconsistent with any provisions of this Act, shall be replaced by this Act.
Section 4.This Act shall not apply to:
(1) central administration provincial administration, and local administration; and
(2) state enterprises under the law governing state enterprise labour relations. Other than the cases as prescribed in paragraph one, Ministerial Regulations may
be issued to exempt the application of this Act in part or in whole to any category of Employer.
Section 5. In this Act:
“Employer” means a person who agrees to accept an employee for work by paying wage and includes
(1)a person entrusted to act on behalf of the Employer;
(2)in case where an Employer is a juristic person, the term also includes a person authorised to act on behalf of the juristic person and a person entrusted by an authorised person to act on his or her behalf.
“Employee” means a person who agrees to work for an Employer in return for Wages regardless of the name used;
“Hirer” means a person who agrees to hire a person to carry out any work, in whole or in part, for his or her own interest and to pay remuneration in return for the result of the work;
“First Contractor” means a person who agrees to carry out any work, in whole or in part, to fulfil the interests of the Hirer;
“Sub-contractor” means a person who enters into a contract with the First Contractor to carry out any work, in whole or in part, under the responsibility of the First Contractor for the interest of the Hirer, and includes a person who enters into a contract with the Sub-contractor to undertake sub-contracted work under the responsibility of the Sub-contractor, irrespective of the number of the sub-contracting:
“Contract of Employment” means a contract, whether written or oral, expressed or implied, whereby a person called an Employee agrees to work for a person called an Employer, and the Employer agrees to pay Wages for the duration of the work;
“Working Day” means a day scheduled for an Employee to work regularly.
“Holiday” means a day scheduled for an Employee to take a weekly holiday, traditional holiday or annual holiday;
“Leave” means a day on which an Employee takes sick leave, leave for sterilisation, leave for necessary business, leave for military service, leave for training or knowledge and skill development or maternity leave;
“Wages” means money agreed between an Employer and an Employee to be paid in return for work done under a Contract of Employment for regular working periods on an hourly, daily, weekly, monthly, or other period of time basis, or on the basis of piecework done during the normal working time of a Working Day and includes money to be paid by an Employer to an Employee on Holiday and on Leave during which the Employee does not work but is entitled to the money under this Act;
“Wages of a Working Day” means Wages paid for working fully during normal working time;
“Minimum Wage Rate” means wage rates fixed by the Wage Committee for each Committee under this Act;
“Wage Rates by Skill Standards” means the minimum rate of Wages determined by the Wages branch of occupations in accordance with skill standards.
“Basic Minimum Wage Rate” (Cancelled)
“Overtime Work” means working beyond or in excess of the normal working time or exceeding the daily working hours agreed by an Employer under Section 23, on a Working Day or Holiday, as the case maybe;
“Overtime Pay” means money paid to an Employee by an Employer in return for working overtime on a Working Day;
“Holiday Pay” means money paid o an Employee by an Employer in return for working on a Holiday;
“Holiday Overtime Pay” means money paid to an Employee by an Employer in return for working overtime on a Holiday;
“Severance Pay” means money paid to an Employee by an Employer upon termination of employment, in addition to any other kind of money agreed by the Employer to pay to the Employee;
“Special Severance Pay” means money paid to an Employee by an Employer upon the expiry of the Contract of Employment due to a special event as prescribed under this Act; “Contributions” means money paid by an Employee to the Employee Welfare Fund;
“Supplementary Contributions” means money paid by an Employer as a supplement to the Employee Welfare Fund in favour of an Employee;
“Labour Inspector” means a person appointed by the Minister for the execution of this Act;
“Director-General” means the Director-General of the Department of Labour Protection and Welfare;
“Minister” means the Minister having charge and control of the execution of this Act.
Section 6.The Minister of Labour and Social Welfare shall have charge and control of this Act and have the power to appoint Labour Inspectors and to issue the Ministerial Regulations and Notification for the execution of this Act.
In appointing the Labour Inspector, the scope of powers and duties and conditions on the performance of the Labour Inspector may also prescribed.
Ministerial Regulations and Notifications shall come into force upon their publication in the Government Gazette.
TMA Consulting Management has been paying attention to the updating of information through newsletters for many years, but we do not assume any responsibility for the completeness, correctness or quality of the information provided. No information contained in this article can replace the personal consultation provided by a qualified lawyer. Therefore, we do not assume any liability for damages caused by the use or non-use of any information in this article (including any kind of incomplete or incorrect information that may exist), unless it is caused intentionally or by gross negligence.
