Labor Laws, Unfair Dismissal

Labour law

Labor Laws, Employee, employer, compensation, unfair dismissal

Introduction to labor law

Labor Laws It is important for both the employee and employer to know and understand. Labor law originated from Employees are overly exploited by employers. Therefore, it can be noticed that The labor law will talk about the rules that Employee rights It is important and employers must comply. If the employer violates it, there will be fines and other penalties. according to the law In addition to the employer’s side must comply with the labor law. It must be known and informed to the employee in the event that the employee claims anything that exceeds the labor law specified. It is something that every HR department of a company has to do with their homework and knowledge as well.
general matter about

Labor laws that everyone should know

1. Working/break time

Normal working time Normal working hours are no more than 9 hours per day, but no more than 48 hours in a week.

Working hours that are harmful to health As required by law, such as mining work, underground work, cave work, tunnel work, etc., shall not exceed 42 hours per week.

Working time in transport type is not more than 8 hours per day.

Working employees must have time to rest. or taking a break to eat by the law stipulated that After starting work not more than 5 hours, must have 1 hour break.

If it is overtime work or “OT”, the employee must take a break of at least 20 minutes before the overtime work.

2. Holiday leave

Employers have to assign holidays to employees. In a week, there must be 1 day off and holidays must not be more than 6 days apart. Usually, the company will set fixed holidays for the week, such as Saturday off or Sunday off that is fixed in addition to the convenience of working It is also in accordance with the law that holidays will not be more than 6 days apart.

Traditional/Calendar Holidays Employers are required to set traditional holidays for all employees at least 13 days in a year. Normally, the HR department will announce the holidays in advance. In Thailand, the government usually announces holidays per year. (public holidays) already more than 13 days a year In the private sector, there will be more or less holidays depending on the company policy. However, the younger must have at least 13 vacation days per year.

Vacation For customers who have worked continuously for 1 year, they are entitled to apply for vacation according to the law. Even if the employment contract is not specified which will get a hundred 6 days rest per 1 year and if any year does not use vacation days, it can be rolled over to use in the next year The determination of vacation days is an agreement between the employer and the employee. in order to prevent the employee on vacation causing excessive damage to the employer in the business

However, if at the time of termination of employment, the vacation is not complete The employer must pay the remaining vacation pay to that employee as well.

Sick leave An employee can take sick leave for no more than 30 days per year, without which the employer cannot deduct salary. About the medical certificate, which is a long misunderstanding If the sick leave is not continuous for more than 3 days, the employee is not required to provide a medical certificate to the employer. but if sick for more than 3 days and there is no medical certificate for the customer to explain to the employer as the case may be

Leave to provide opportunities for employees to run errands Contact various government agencies

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Labor protection

On labor protection Many people pay the most attention to “compensation“.

Compensation is money that the employer must pay to the employee in the event that Fire an employee or cause the employee to stop working. In return for the employee’s work for a long time and as a payment before the employee goes to find a new job as well. Therefore, if the employee resigns himself Employers are not required to pay compensation.

How much is the compensation

If working for 120 days, less than 1 year = wages for the last 30 days (approximately 1 month’s salary)

If working for 1 year, not complete 3 years = wages for the last 90 days (approximately 3 months’ salary)

If working for 3 years but not complete 6 years = wages for the last 180 days (approximately 6 months’ salary)

If working for 6 years, not 10 years = 240 days of wages (approximately 8 months’ salary)

If working for more than 10 years = wages for the last 300 days (approximately 10 months’ salary)

In the event that compensation is not received

Employee resignation, malfeasance, criminal offense against employer, intentional damage to the employer, gross negligence to the employer, 2 same warning notices, leaving work for 3 consecutive days or the employee is in prison.

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Foreign labor law

An alien is a person who does not have Thai nationality. Normally, they will not be able to travel to Thailand in the first place. But if they come in, they are not allowed to work in Thailand. able to take jobs for Thai people In addition to being permitted by law

foreign workers can be divided into 2 groups

1. Group of 3 nationalities, Myanmar, Laos and Cambodia. This labor group is a labor group that focuses on using labor such as coolies, laborers, etc. There will be a ministerial regulation for bringing in this group of workers legally. in groups come to work for a period of time in the workplace for which permission has been granted Under a memorandum of understanding or memorandum of understanding entered into by the Thai government with foreign governments (MOUs)

2. General alien group is a nationality group that is not the above 3 nationalities. This group will be working in a variety of ways. Different people come in and different people work in different employers. according to their own aptitude The employer is obliged to apply for a work permit or work permit for foreigners to work.

Foreigners cannot work in every job in Thailand.

There are many jobs in which the law prohibits foreigners from entering the workforce. because it will be a job for Thai people

Such as carving work, motor vehicle driving, auction work, cutting work, hair cutting or beauty work, mat weaving work, secretarial work, and legal services, etc.

can be checked from Announcement of the Ministry of Labor Re: Determining the work that foreigners are prohibited from doing

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Unfair dismissal problem

Many employers It terminates the employee without the employee doing anything wrong and the employer has no reason.

In addition to the compensation received by the employee Employees can also claim unfair dismissal damages one more from the employer

For example, employers have personal problems with their employees. was immediately fired, etc.

The problem of employees leaving work

Many employees change jobs and can earn income in different ways. resulting in job abandonment

often in the present This problem even if employers are unable to pay compensation or claim damages from employees who leave work. But it will be a hassle and increase the steps for the employer in vain.

The solution to this is for employees to deposit money for work insurance and for other people to be guarantors of work

Because if job abandonment occurs, the employee will not receive the work insurance money back and the person who made the guarantee will help convince the employee not to cause damage or leave the job.

Champ Law Firm provide comprehensive labor law supervision services for both employers and employees. Contact us for a consultation via the channels below.

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2 thoughts on “Labor Laws, Unfair Dismissal

  1. Anthony Martial says:

    Your blog post on unfair dismissal was both informative and insightful. The examples you shared helped to illustrate the different aspects of this issue, making it easier to grasp. It’s important for employees to be aware of their rights and the legal protections available to them. I recommend anyone facing unfair dismissal to read your blog post and consider consulting an unfair dismissal lawyer for professional guidance.

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