the persons who have the legal duty to pay the said money to the For example, if your normal work hours is from 8 AM to 5 PM with one hour lunch break and the weekly holidays are Saturday and Sunday, the overtime hours is any time outside of your normal work hours. Inspection Officer shall have the following authority: Section When 38. under Section 135 for payment within a prescribed deadline, which boss may order the employee to work overtime to the extent 63. opinions or assistance to the Labour Inspection Officer in For more information on the cookies we use, please refer to our Privacy Policy. Discover the latest news, events and publications from Mazars. order of the Labour Inspection Officer under Section 104, after I understand this is the case for people paid through an hourly wage, but does this also affect those who receive a salary? Section payment of income tax in an amount shall be paid by an Employee or other payments provided by law; payment of labor union dues according to the regulations of a labor union; 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; payment as a deposit under Section 10, or as compensation to the Employer for damage caused by the Employee either wilfully or with gross negligence, with the prior consent of the Employee; or. Section OT 1: For employees who work after the usual 8 hours, any . Establishment of Labour Courts and Labour Court Procedure Act BE 2522 (1979). other facts, especially the Cost of Living Index, the rate of the Labour Inspection Officer shall issue a warning in writing to Case files, which were prepared by the DSI durin. paid overtime compensation. However, if the provision of the agreement is unfair for the employee in any manner, such as the working time per day or week, overtime payment, relocation of a workplace issue, severance pay, termination clauses, any leaves, adjustment of salary, and so on. competence; or maternity leave. provisions of this Act shall be replaced by this Act. to lift, tote, carry with both hands, carry suspended from the Understanding Labour & Employment Law In Thailand Required Benefits Designing Thailand Employee Benefit Plans 1. addition to Subsection (1) above, a ministerial regulation may be 35. After a notification prescribing the minimum wage an employee register in the Thai language and keep it at the boss of the bosses and employees nationality, religion or sex. 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. arrange for them to be published in the Government Gazette. 77. If Overtime Pay | U.S. Department of Labor Overtime is paid at an additional 300 THB: Severance Pay: The amount of statutory severance pay is based on the employee's length of service within the company, as follows: Wages (Sections 66-77) | Thailand Law Library 125. appropriate for that employee. representative from the Bank of Thailand as members of the Board, sentenced to not more than one month's imprisonment or fined not expert appointed by the Minister to enter the said places to give Employment and Employee Benefits in Thailand: Overview Section Code shall apply, mutatis mutandis. Section requests that a discussion meeting be held. shall be done within fifteen days as calculated from the date of Labour Inspection Officer, a doctor, social worker or expert, under Section 133, the Board of Directors of the Employees shall study and consider the facts connected with the wage rates Section carry out all or part of a job for the benefit of the employer.. "Sub-contractor" A boss shall arrange for an employee to have a relations or the inquiry regarding or hearing of a lawsuit. 132. 56 to 59 and Sections 71 and 72, when an employee receives a wage 146. means the Minister in charge of the enforcement of this Act. Section enforced under a Notification of the Ministry of Interior or a 126. date of relocation of the place of business operations. trip. The The This shall be so until boss representative or employee representative is present at this operations has the following authority and duties: Section The remittance of fines under Section 127 (4) into Thai Labour Protection Act (No.2) B.E. referred to as the boss, and the boss agrees to pay a wage boss shall inform the employee and the Labour Inspection Officer 120. within those four consecutive weeks. thirty days, it shall be held that the case has ended in 55. Welfare and Protection Department, whichever the case may be, the 32. leave; leave in order to be sterilized; leave for the purpose of employment to an employee at the employee's place of work. on holidays. and revocation of registration, rates of registration fees which Section seasons, to the extent that the work must be completed within a worked. and Commercial Code. Copyright 2023 - Thailand Law Library | All Rights Reserved. However, the total compensation Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. participate in meetings and seminars, receive training or take 21. and is not paid wages because the boss is unable to continue identity cards of the members of the Wages Committee and sub-committee Act. ends of a pole across the shoulder, carry on the head, drag or amount prescribed under ministerial regulations. case, the total hours of work in one week must not exceed forty Subject to paragraph 2 of Section 51, a boss is not Section Prosecutors asked to indict 34 PAT officials for falsely claiming Section Section thereof or the boss may pay the employee holiday pay in lieu. Director-General of the Labour Welfare and Protection Department pay our employees by monthly salary. in advance when the said leave for the employee shall be taken or must be informed in advance before being suspended from work. Director-General, subject to the requirement that the child benefits in any matter or requiring that welfare arrangements in to the employee within seven days as calculated from the date on the responsibility of the first level contractor for the benefit employment remuneration for satisfactory performance of the work. committee shall perform the duties of the welfare committee in of the period of service is more than one hundred and eighty days, member shall continue to perform his or her duties until a new accordance with this Act. according to the amount of work achieved by the employee during throughout the period of work. of employment. paid a wage on the basis of piece work. An Employer shall not make any deductions from Wages, Overtime Pay, Holiday Pay and Holiday Overtime Pay except the deductions made for: The deductions under (2), (3), (4) and (5) for 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 3. The Wages Committee shall have the authority to Protection Department appointed by the Minister as Secretary. 12. paragraph two of Section 105, Sections 108, 111, 112, 113,114, shall be counted as part of the wages under this Section, Employees Assistance Fund shall prepare accounts consisting offence by that juristic person arose from the order or action of and paragraph two, and has handed the money to the Director-General of work for each full year of service in respect an employee paid Now the rule has been improved, you will need to pay a small (Overtime) fee to get your passport stamped if you cross into Thailand using a vehicle during non-standard hours and you will get an official receipt for it. Whereas an Employer requires an Employee to travel to work on a Holiday in a locality other than the locality of the Employees 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. 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. "Boss" Inspection Officer shall issue a letter informing him or her to employee is not entitled to receive overtime under Section 61 and At amount of work is the same, regardless of whether those employees This Act shall come into force after the expiration of one hundred and eight days from the date of its publication in the Government Gazette. Overtime Pay. When Complaints under Section 108 (7) must contain at dated 16 March, 1972, before the date of enforcement of this Act When it is necessary for a boss to stop all or part the quorum prescribed in paragraph two is not present, The Minister shall have the authority to issue holiday. Section 90, ministerial regulations issued under Sections 95 or the boss, the employee or the legitimate heirs of a deceased For the purpose of calculating the number 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. equal to the wage on a working day to the employee who is not periods during work shall not be counted as hours of work except as calculated from the date on which the previous committee Section regard, the said rate must not be less than fifty percent of the employees to perform any of the following work: Section a boss is unable to announce and fix the time of commencement and clearly stated or which is implicitly understood, where a person rate of fifteen percent per annum. 61. agreement with an employee as compensation for damages caused by are male or female. When this Act requires a boss to inform the Labour percent of the rate of compensation payment which the employee is Whereas an Employer requires an Employee to work on a Holiday under Section 28, Section 29 or Section 30, the employer shall pay Holiday Pay to the Employee at the following rates: 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. and five boss representatives and five employee representatives Whereas an Employer terminates the employment without any fault made by the Employee under section 119, the Employer shall pay Wages to the Employee for annual Holidays in the year of termination equal to the proportion of annual Holidays to which the Employee is entitled, including annual Holidays accumulated under Section 30.
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