3.1.4.1 Employee

Details
No. List of Laws Laws
15 Issues of The Labor Protection Act B.E. 2541
1 The work that the employee is not entitled to reciving overtime pay, but is entitled to receiving remuneration equal to the wage rate per hour in working day under the number of hours of work include watching the place or proeperty which is the normal work of the employee etc. [1],[2],[3],[4],[9]
2 The employer shall not allow employee whose age is below 18 years to work in the places as follows: (1) business factory related to aquatric animals under factory law, (2) business place that conducts business concerned with animal processing under the Fisheries Act B.E. 2558 (2015) [1],[2],[3],[4],[10]
3 The employer shall provide for health checkup of the employee whose work is concerned with risk factors by the first-class doctor who is licensed to perform work related to occupational medicine who passes training on occupational medicine, with qualifications as specified by the Director General. The health checkup of employee shall be complter within 30 days as from the day when accepting employee to work, and the next health checkup would be at least once a year. [1],[2],[3],[4],[7]
4 In case when the employee stops working for more than 3 consecutive days due do facing danger or illness for whatever case, the employee may request for doctor’s opinion or shall arrange for health check of employee before allowing the employee to return to work. [1],[2],[3],[4],[7]
5 The employer shall provide for personal health checkup book of the employee whose work is related to risk factor as specified by the Director General, and the employer shall record the result of health checkup of the employee in the personal health book of the employee under the result of the checkup by doctor every time. [1],[2],[3],[4],[7]
6 The employer shall collect record of the result of health checkup of the employee and other information related, and is ready to be inspected by labor inspector at anytime, by keeping at the office of the employer for not less than 2 years as from the termination date of employment, unless there is a complaint against the employer that the employer fails to follow the law. [1],[2],[3],[4],[7]
7 In case when the abnormality of the employee is found, or when the employee has symptom of illness due to work, the employer shall arrange the employee to be treated immediately and shall examine to find the cause for the benefit in prevention. The employer shall send the result of health checkup and the treatment to the labor inspector under the specification of the Director General within 30 days as from the day when knowing such abnormality or illness. [1],[2],[3],[4],[7]
8 If any employee has medical evidence from the mecial care center or the government agency that shows that the employee cannot continue work in the old duty, the employer shall allow such employee to change the work in the position as deemed suitable by the employer; this shall take health and safety of the employee into consideration. [1],[2],[3],[4],[7]
9 The employer shall give personal health checkup to the employee when the employment is terminated. [1],[2],[3],[4],[7]
10 The employer shall use the employee to work related to lifting, dragging, or pushing heavy stuff for not heavier than the followings by average per one employee (1) 20 kilograms for the employee who is female aged of 15 years and over but not reaching 18 years of age yet, (2) 25 kilograms for the employee who is male aged of 15 years and over but not reaching 18 years of age yet, (3) 25 kilograms for female employees, (4) 50 kilograms for female employees; in case when the stuff is heavier than that specified, the employer shall provide for and arrange the employee to use appropriate labor-saving tool which is not dangerous to the safety of the employee. [1],[2],[3],[4],[8]
11 The law specifies form of certificate of employment of the employer. [1],[2],[3],[4],[11]
12 The law specifies form of employment of the record on the change of employment condition and form of the termination of employment of the employee whose age is lower than 18 years old. [1],[2],[3],[4],[12]
13 The law specifies forbidden characteristics and qualifications of the applicant to be elected to be the representative of the employer and of the employee in the Three-Parties Committee. [1],[2],[3],[4],[13]
14 Working time of the employee in the industry shall not be more than 48 horus per week. [1],[2],[3],[4],[14]
15 The working time of the employee in the work that may be dangerous to the health or the body of the employee shall not be more than 42 hours per week. [1],[2],[3],[4],[14]
16 Working time of the employee in commercial work normally shall not be more than 54 hours per week. [1],[2],[3],[4],[14]
17 The employer shall arrange the employee to have rest period for not less than 1 hour per day. This rest period shall be specified after the employee already works on that day for not more than 15 horus and shall not count as working time. [1],[2],[3],[4],[14]
18 The employee who has worked for 1 consecutive year already as from the day when the employee starts work, is entitled to take annual vocational leave for not less than 6 days a year, not including the weekly holiday and traditional holiday. [1],[2],[3],[4],[14]
19 The employer shall pay wage, overtime pay, and overtime holiday pay as specified by law. [1],[2],[3],[4],[14]
20 The employer shall not allow the female employee to work as follows: (1) cleaning machine or engine while it is operating, (2) work that must be performed on scaffold of 10 meters height or higher, (3) work doen by using circular saw, (4) work in production and transportation of inflammable substance or explosives, (5) mine work that must be done underground, (6) other works as specified by law. [1],[2],[3],[4],[14]
21 The employer shall not allow the employee to work in the place and time as follows: (1) industrial work during 10 p. to 6 am., (2) commercial wrok during midnight to 6.00 am. [1],[2],[3],[4],[14]
22 The pregnant employee who has doctor’s certificate to show that she is entitled to take a leave before delivery for 30 days and after delivery for 30 days [1],[2],[3],[4],[14]
23 The employer shall not accept children of lower than 12 years old to be the employee. [1],[2],[3],[4],[14]
24 The employer shall not accept the children of more than 12 years old but not reaching 14 years old to be the employee, unless such work is light or characterized by the fact that the family members can do that would not be dangerous to the health or growth and the work time is not during normal studying time, this shall not be inconsistent with the law on primary education. [1],[2],[3],[4],[14]
25 The employer shall not allow the children of 14 years old or over but not reaching 18 years old to be employee to work mroethan 8 hours per day. [1],[2],[3],[4],[14]
26 The employer shall not allow children lower than 18 years old to be employee to work in the place and time as follows: (1) industrial work during 10 p. to 6 am., (2) commercial wrok during midnight to 6.00 am. [1],[2],[3],[4],[14]
27 The employer shall provide for clean drinking water, restroom, bathroom, and necessary tools for health under the specification of law. [1],[2],[3],[4],[14]
28 The employer shall provide for doctor and nurse, medical equipment for treating, or first-aids device, as necessary to help the employee when there is emergency or illness. [1],[2],[3],[4],[14]
29 The employer shall provide for evidence concerned with employee’s work and regulations of work of the employee and rules concerned with work to be kep at the work place that is ready to be inspected by the labor inspector at anytime, by keeping it for not less than 5 years. [1],[2],[3],[4],[14]
30 The law specifies criteria, method, and procedure to obtain the representative of the employer and the representative of the employee. [1],[2],[3],[4],[15]
31 If the empoyer and the employee agrees on working overtime for more than 8 hours for the employee who does not receive wage on monthly basis, the employer shall pay wage on working day for 8 hours and pay compensation for not less than 1.5 times of the wage rate per hour on work day under the extra number of hours worked or not less than 1.5 times of the wage rate per unit on work day under the extra work performance done; in case it is the work on holiday, the pay shall be not less than 3 times of wage rate per hour on work day under the extra number of hours of work, or not less than 3 times of wage rate per unit on work day under the extra work performed calculated in unit. [1],[2],[3],[4],[9]
32 The law specifies that some kinds of work to be protected under labor protection law in various cases that are different from the Labor Protection Act B.E. 2541 (1998) such as petroleum work, professional or management work, clerk work, trading work, service work concerned with the production in food store, beverage store provoding uncontinous service, academic work that is concerned with survey, digging and separation of product from petroleum or petrochemical, in the position of management, academic, administration, and hawk. [1],[2],[3],[4],[5]
Details
No. List of Laws Laws
15 Issues of The Labor Protection Act B.E. 2541
1 The work that the employee is not entitled to reciving overtime pay, but is entitled to receiving remuneration equal to the wage rate per hour in working day under the number of hours of work include watching the place or proeperty which is the normal work of the employee etc. [1],[2],[3],[4],[9]
2 The employer shall not allow employee whose age is below 18 years to work in the places as follows: (1) business factory related to aquatric animals under factory law, (2) business place that conducts business concerned with animal processing under the Fisheries Act B.E. 2558 (2015) [1],[2],[3],[4],[10]
3 The employer shall provide for health checkup of the employee whose work is concerned with risk factors by the first-class doctor who is licensed to perform work related to occupational medicine who passes training on occupational medicine, with qualifications as specified by the Director General. The health checkup of employee shall be complter within 30 days as from the day when accepting employee to work, and the next health checkup would be at least once a year. [1],[2],[3],[4],[7]
4 In case when the employee stops working for more than 3 consecutive days due do facing danger or illness for whatever case, the employee may request for doctor’s opinion or shall arrange for health check of employee before allowing the employee to return to work. [1],[2],[3],[4],[7]
5 The employer shall provide for personal health checkup book of the employee whose work is related to risk factor as specified by the Director General, and the employer shall record the result of health checkup of the employee in the personal health book of the employee under the result of the checkup by doctor every time. [1],[2],[3],[4],[7]
6 The employer shall collect record of the result of health checkup of the employee and other information related, and is ready to be inspected by labor inspector at anytime, by keeping at the office of the employer for not less than 2 years as from the termination date of employment, unless there is a complaint against the employer that the employer fails to follow the law. [1],[2],[3],[4],[7]
7 In case when the abnormality of the employee is found, or when the employee has symptom of illness due to work, the employer shall arrange the employee to be treated immediately and shall examine to find the cause for the benefit in prevention. The employer shall send the result of health checkup and the treatment to the labor inspector under the specification of the Director General within 30 days as from the day when knowing such abnormality or illness. [1],[2],[3],[4],[7]
8 If any employee has medical evidence from the mecial care center or the government agency that shows that the employee cannot continue work in the old duty, the employer shall allow such employee to change the work in the position as deemed suitable by the employer; this shall take health and safety of the employee into consideration. [1],[2],[3],[4],[7]
9 The employer shall give personal health checkup to the employee when the employment is terminated. [1],[2],[3],[4],[7]
10 The employer shall use the employee to work related to lifting, dragging, or pushing heavy stuff for not heavier than the followings by average per one employee (1) 20 kilograms for the employee who is female aged of 15 years and over but not reaching 18 years of age yet, (2) 25 kilograms for the employee who is male aged of 15 years and over but not reaching 18 years of age yet, (3) 25 kilograms for female employees, (4) 50 kilograms for female employees; in case when the stuff is heavier than that specified, the employer shall provide for and arrange the employee to use appropriate labor-saving tool which is not dangerous to the safety of the employee. [1],[2],[3],[4],[8]
11 The law specifies form of certificate of employment of the employer. [1],[2],[3],[4],[11]
12 The law specifies form of employment of the record on the change of employment condition and form of the termination of employment of the employee whose age is lower than 18 years old. [1],[2],[3],[4],[12]
13 The law specifies forbidden characteristics and qualifications of the applicant to be elected to be the representative of the employer and of the employee in the Three-Parties Committee. [1],[2],[3],[4],[13]
14 Working time of the employee in the industry shall not be more than 48 horus per week. [1],[2],[3],[4],[14]
15 The working time of the employee in the work that may be dangerous to the health or the body of the employee shall not be more than 42 hours per week. [1],[2],[3],[4],[14]
16 Working time of the employee in commercial work normally shall not be more than 54 hours per week. [1],[2],[3],[4],[14]
17 The employer shall arrange the employee to have rest period for not less than 1 hour per day. This rest period shall be specified after the employee already works on that day for not more than 15 horus and shall not count as working time. [1],[2],[3],[4],[14]
18 The employee who has worked for 1 consecutive year already as from the day when the employee starts work, is entitled to take annual vocational leave for not less than 6 days a year, not including the weekly holiday and traditional holiday. [1],[2],[3],[4],[14]
19 The employer shall pay wage, overtime pay, and overtime holiday pay as specified by law. [1],[2],[3],[4],[14]
20 The employer shall not allow the female employee to work as follows: (1) cleaning machine or engine while it is operating, (2) work that must be performed on scaffold of 10 meters height or higher, (3) work doen by using circular saw, (4) work in production and transportation of inflammable substance or explosives, (5) mine work that must be done underground, (6) other works as specified by law. [1],[2],[3],[4],[14]
21 The employer shall not allow the employee to work in the place and time as follows: (1) industrial work during 10 p. to 6 am., (2) commercial wrok during midnight to 6.00 am. [1],[2],[3],[4],[14]
22 The pregnant employee who has doctor’s certificate to show that she is entitled to take a leave before delivery for 30 days and after delivery for 30 days [1],[2],[3],[4],[14]
23 The employer shall not accept children of lower than 12 years old to be the employee. [1],[2],[3],[4],[14]
24 The employer shall not accept the children of more than 12 years old but not reaching 14 years old to be the employee, unless such work is light or characterized by the fact that the family members can do that would not be dangerous to the health or growth and the work time is not during normal studying time, this shall not be inconsistent with the law on primary education. [1],[2],[3],[4],[14]
25 The employer shall not allow the children of 14 years old or over but not reaching 18 years old to be employee to work mroethan 8 hours per day. [1],[2],[3],[4],[14]
26 The employer shall not allow children lower than 18 years old to be employee to work in the place and time as follows: (1) industrial work during 10 p. to 6 am., (2) commercial wrok during midnight to 6.00 am. [1],[2],[3],[4],[14]
27 The employer shall provide for clean drinking water, restroom, bathroom, and necessary tools for health under the specification of law. [1],[2],[3],[4],[14]
28 The employer shall provide for doctor and nurse, medical equipment for treating, or first-aids device, as necessary to help the employee when there is emergency or illness. [1],[2],[3],[4],[14]
29 The employer shall provide for evidence concerned with employee’s work and regulations of work of the employee and rules concerned with work to be kep at the work place that is ready to be inspected by the labor inspector at anytime, by keeping it for not less than 5 years. [1],[2],[3],[4],[14]
30 The law specifies criteria, method, and procedure to obtain the representative of the employer and the representative of the employee. [1],[2],[3],[4],[15]
31 If the empoyer and the employee agrees on working overtime for more than 8 hours for the employee who does not receive wage on monthly basis, the employer shall pay wage on working day for 8 hours and pay compensation for not less than 1.5 times of the wage rate per hour on work day under the extra number of hours worked or not less than 1.5 times of the wage rate per unit on work day under the extra work performance done; in case it is the work on holiday, the pay shall be not less than 3 times of wage rate per hour on work day under the extra number of hours of work, or not less than 3 times of wage rate per unit on work day under the extra work performed calculated in unit. [1],[2],[3],[4],[9]
32 The law specifies that some kinds of work to be protected under labor protection law in various cases that are different from the Labor Protection Act B.E. 2541 (1998) such as petroleum work, professional or management work, clerk work, trading work, service work concerned with the production in food store, beverage store provoding uncontinous service, academic work that is concerned with survey, digging and separation of product from petroleum or petrochemical, in the position of management, academic, administration, and hawk. [1],[2],[3],[4],[5]
Relavant Laws
No. List of Laws Laws
1 The Labor Protection Act, B.E.2541 (1998)
2 The Labor Protection Act (No.2), B.E.2551 (2008)
3 The Labor Protection Act (No.3), B.E.2551 (2008)
4 The Labor Protection Act (No.4), B.E.2553 (2010)
5 Royal Decree Prescribing Type Of Work That Provides Labor Protection Different From The Labor Protection Act, B.E.2541 (1998)
6 Ministerial Regulations No.13, B.E.2543 (2000), Issued In Accordance With Labor Protection Act, B.E.2541 (1998)
7 Ministerial Regulations: The Criteria And Procedure For Medical Examination Of Employees, And Submission Of Examination Result To Labor Official, B.E.2547 (2004)
8 Ministerial Regulations: The Allowable Weight Rate For Employee To Carry, B.E.2547 (2004)
9 Ministerial Regulations: Type Of Work That Employees Are Not Entitled For Overtime Payment And Overtime Payment During Holidays, B.E.2552 (2009)
10 Ministerial Regulations: Restricting Places Of Work For Child Labor Under The Age Of 18 Years Old, B.E.2552 (2009)
11 Notification Of The Department Of Employment: Employment Certification Form
12 Notification Of The Department Of Labor Protection And Welfare: Employment Condition Form, Change Of Employment Condition Form, And Termination Of Employment Form For Employees Age Under 18 Years Old
13 Notification Of The Department Of Labor Protection And Welfare: Qualifications And Prohibited Characters Of Candidate For Election Of Employer Representative And Employee Representative In Tripartite Committee, B.E.2551 (2008)
14 Notification Of The Ministry Of Interior: Working Hours, Holidays, Woman And Child Labor Workforce, Remunerations And Health Care Welfare For Employees
15 Rules Of The Department Of Labor Protection And Welfare: The Criteria And Procedure For Determination Of Employer Representative And Employee Representative In The Committee In Accordance With The Labor Protection Act, B.E.2541 (1998)
Forms
No. List of Forms Forms
1 The form of employment certification