Chapter 5 Wages, Overtime Pay, Holiday Pay and Holiday Overtime Pay
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Chapter 5
Wages, Overtime Pay, Holiday Pay and Holiday Overtime Pay
Section 53.An Employer shall fix wages, overtime pay, holiday pay and holiday overtime pay at the same rate for male and female employees who undertake work of the same nature, quality and equal quantity or work of equal value.
Section 54. An Employer shall pay Wages, Overtime Pay, Holiday Pay, Holiday Overtime Pay and other pecuniary benefits related to employment in Thai currency unless the consent of the Employee is obtained to be paid by bill or in a foreign currency.
Section55. An Employer shall pay Wages, Overtime Pay, Holiday Pay, Holiday Overtime Pay and other pecuniary benefits related to employment to an Employee at the place of work of the Employee. If the payment is to be made elsewhere or by other means, the consent of the Employee must be obtained.
Section 56. An Employer shall pay Wages to an Employee equivalent to Wages of a Working Day for the following Holidays:
(1) a weekly holiday, except for an Employee who receives Wages calculated on a daily, hourly or piece rate basis;
(2) atraditional holiday; and
(3) annual Holidays.
Section 57. An Employer shall pay Wages to an Employee for sick leave under Section32 equivalent to Wages of a Working Day throughout the leave period, but not exceeding thirty Working Days per year.
Whereas an Employee takes Leave for sterilisation under Section 33, the Employer shall pay Wages to the Employee for such Leave.
Section 57/1. An Employer shall pay wages to an employee for leave for necessary business under Section 34 equivalent to wages of a working day throughout the leave period, but not exceeding three working days per year.
Section 58. An Employer shall pay Wages to an Employee for military service leave under Section 35 equivalent to Wages of a Working Day throughout the Leave period, but not exceeding sixty days per year.
Section 59.An Employer shall pay Wages to a female Employee for maternity leave under Section 41 equivalent to Wages of a Working Day throughout the Leave period, but not exceeding forty five days per year.
Section 60. For the purposes of wage payment under Section 56, Section 57, Section 58, Section 59, Section 71 and Section 72, whereas an Employee receives Wages calculated on a piece rate basis, the Employer shall pay Wages for Holiday or Leave equivalent to the average Wages of Working Day received by the Employee during the period of payment before such Holiday or Leave.
Section 61. Whereas an Employer require an Employee to work overtime on a Working Day, the Employer shall pay Overtime Pay to the Employee at a rate of not less than one and a halftimes of the hourly wage rate of a Working Day for the number of hours of work done, or where an Employee receives Wages on a piece rate basis, not less than one and a halftimes of the piece rate of Wages of a Working Day for work done.
Section 62. Whereas an Employer requires an Employee to work on a Holiday under Section 28, Section 29 or Section 30, the Employershall pay Holiday Pay to the Employee at the following rates:
(1) for an Employee who is entitled to Wages on Holidays, the payment shall be made in addition to Wages at a rate at least equal to the hourly wage rate of a Working Day for the number of hours of work done, or, where an Employee receives Wages on a piece rate basis, of not less than onetime of the piece rate of Wages of a Working Day for work done; or
(2) for an Employee who is not entitled to Wages on Holidays, the payment shall be made at not less than two times of the hourly wage rate of a Working Day for the number of hours of work done, or, where an Employee receives Wages on a piece rate basis, at not less than two times of the piece rate of Wages of a Working Day for work done.
Section 63. Whereas an Employer requires an Employee to work overtime on a Holiday, the Employer shall pay Holiday Overtime Pay to the Employee at the rate of not less than three times of the hourly wage rate of a Working Day for the number of hours of work done, or, where an Employee receives Wages on a piece rate basis, at not less than three times of the piece rate of Wages of a Working Day for work done.
Section 64. Whereas an Employer fails to provide a Holiday for an Employee or provides less than that prescribed under Section 28, Section 29 and Section 30, the Employer shall pay Holiday Pay to the Employee and Holiday Overtime Pay according to the rates prescribed under Section 62 and Section 63 as if the employer is assigned to work on the Holiday.
Section 65. An employee who is authorised or assigned by an Employer to perform any of the following work shall not be entitled to overtime pay under Section 61 and holiday overtime pay under Section 63, nut the employee required by the Employer to perform work as provided in item (3), (4), (5), (6), (7), (8) or (9) below shall be entitled to receiving remuneration in money equivalent to the hourly wage rate of a working day for the number of hours of work done:
(1) an employee who is authorised to act on behalf of the Employer in regard to the employment, granting of pension or termination of employment;
(2) an itinerant vending or induce about the purchase of goods which the Employer pays a commission from the sale of goods to the employee.
(3) railway service operation including work on a railway carriage and work for facilitating a railway transportation;
(4) work of opening or closing of watergate or sluice gate;
(5) work of indicating of water levels and measuring of water volume;
(6) work on firefighting or prevention of disaster;
(7) work of which nature or condition has to be performed outside of the premise and the definite working time may not be fixed;
(8) work on watchkeeping of the premise or property which is not a regular duty of the employee;
(9) any other work as prescribed in the Ministerial Regulations.
The exception for the aforementioned is where any Employer agrees to pay overtime or holiday overtime payment to the employee.
Section 66. An Employee under Section 65(1) shall not be entitled to Holiday Pay under Section62, unless the Employer agrees to pay Holiday Pay to the Employee.
Section 67. Where an Employer terminates the employment of an employee upon any condition other than provided in Section 119, the Employer shall pay wages to the employee for annual holidays for the year of termination in proportion to a number of annual holidays to which the employee is entitled under Section 30.
Where an employee is a party to terminate a contract of employment or the Employer is a party to terminate an employment regardless of any condition under Section119,the Employer shall pay wages to the employee for accumulated annual holidays to which the employee is entitled under Section 30.
Section 68. For the purpose of calculating Overtime Pay, Holiday Pay and Holiday Overtime Pay for an Employee who receives Wages on a monthly basis, an hourly wage rate on Working Day means the monthly Wages divided by the product of thirty and the average number of working hours on a working day.
Section 69. For the purpose of calculating the number of hours of Overtime Work, whereas an Employer fixes normal working time on a weekly basis, traditional Holidays, annual Holidays, and Leave shall be counted as Working Days.
Section 70.An Employershall pay wages, overtime pay, holiday pay, holiday overtime pay and other money that the Employer shall be obliged to pay correctly and on time in accordance with this Act as follows;
(1) whereas Wages are calculated on a monthly, daily or hourly basis, on the basis of another period of not more than one month, or on a piece rate basis or payment shall be made not less than once a month, unless otherwise agreed upon in favour of the Employee;
(2) whereas Wages are calculated other than prescribed in (1), payment shall be made at a time agreed between the Employer and the Employee; and
(3) Overtime pay, holiday pay, holiday overtime pay and other money that an Employer shall be obliged to pay in accordance with this Act shall be paid not less than once amonth.
Whereas an Employer terminates the employment of an Employee, the Employer shall pay wages, overtime pay, holiday pay, holiday overtime pay and other money that an Employer shall be obliged to pay to which the Employee is entitled within three days from the date of the employee’stermination.
Section 71. Whereas as Employer requires an Employee to travel to work on Holiday in a locality other than the locality of the Employee’s regular work, the Employer shall pay Wages equivalent to Wages on a Working Day to the Employee who is not otherwise entitled to Wages on Holiday under Section 56(1) for such travel.
Section 72. Whereas as Employer requires an Employee to travel to work in a locality other than the locality of the Employee’s regular work, the Employee shall not be entitled to Overtime Pay under Section 61 and Holiday Overtime Pay under Section 63 during the travel. But, where the travel is on a Holiday, the Employer shall pay Wages equivalent to Wages of a Working Day to the Employee who is not entitled to Wages on Holiday under Section 56 (1), unless the Employer agrees to pay Overtime Pay or Holiday Overtime Pay to the Employee.
Section 73. The Employer shall bear all expenses for travel under Section 71 and Section 72.
Section 74. Whereas an Employer agree to pay Overtime Pay, Holiday Pay, and Holiday Overtime Pay at rates higher than those prescribed under Section 61, Section 62, and Section 63, the payment shall be paid according to such agreement.
Section 75. When it is necessary for an Employer to temporarily suspend the business in whole or in part for whatever cause other than a force majeure which affect his/her business and causes the Employer incapable to operate his/her business as normal, the Employer shall pay wages at the payment’s place under Section 55 and within payment schedule under Section 70 (1) to an Employee in amount of not less than seventy-five percent of wages of working day received by the Employee before the suspension of business for the entire period which the Employer does not require the Employee to work.
The Employer shall give written notice to the employee and the Labour Inspector in advance prior to the date of suspension of business under paragraph one for not less than 3 working days.
Section 76. An Employer shall not make any deductions from Wages, Overtime Pay, Holiday Pay and Holiday Overtime Pay except the deductions made for:
(1) payment of income tax in an amount shall be paid by an Employee or other payments provided by law;
(2) payment of labour union dues according to the regulations of a labour union;
(3) payment of debts owed to the saving cooperatives or other cooperatives of the same description, or of debts relating to beneficial to of the Employee solely, with the prior consent of the Employee;
(4) payment as a deposit under Section 10, or as compensation to the Employer for damage caused by the Employee either willfully or with gross negligence, with the prior consent of the Employee; or
(5) payment as Contributions under an agreement relating to a provident fund.
The deductions under (2), (3), (4), and (5) in each case shall not be made in excess of ten per cent, and in aggregate shall not exceed one in fifths of the money to which the Employee is entitled at the time of payment under Section 70, except with the prior consent of the Employee.
Section 77. Whereas an Employer is required to obtain the consent of an Employee or makes an agreement with an Employee concerning payments under Section 54, Section 55,or deductions under Section 76, the Employer shall arrange for written consent to be signed by the Employee or an agreement to be expressly made in particular.
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