The Labour Protection Act (LPA) in Thailand, originally enacted as B.E. 2541 (1998), outlines the rights and responsibilities of both workers and employers. It covers important aspects of employment, such as working hours, employee benefits, severance pay, and workplace safety.
The Act undergoes regular updates to adapt to the changing needs of the labour market. Recent updates have made changes to severance pay, maternity leave, and other aspects of employee welfare to better protect and support workers.
Under the Act, various guidelines are provided to protect all types of workers, including:
There is no unified or centralised law in Thailand that specifies how to handle workplace whistleblowing and how private companies should protect whistleblowers.
Companies typically set these guidelines internally. This means that the details about how employees can report wrongdoings, how these reports are handled, and the process of whistleblowing are usually found in the company’s internal work rules or policies.
Meanwhile, the Organic Act on Counter Corruption (OACC), amended in B.E. 2561, provides protections for those reporting unethical or illegal activities, in line with promoting transparency and accountability within both the public and private sectors.
The revised OACC incorporates broader definitions of corruption and sets out measures that require organisations to establish and enforce policies to combat corruption, which may include whistleblower protection mechanisms. While the act primarily focuses on anti-corruption, its provisions serve to protect employees who expose wrongdoing from retaliation.
The primary data protection law in Thailand is the Personal Data Protection Act (PDPA) Act B.E. 2562 (2019), which came into effect in 2022. This legislation regulates data privacy and protection throughout the country.
In the workplace, the PDPA imposes obligations on organisations to handle personal data responsibly. Employers must ensure that personal data is collected, used, and disclosed in compliance with the PDPA’s provisions.
The law requires data controllers to obtain consent before processing personal data, provide data subjects with certain rights over their data, implement adequate security measures to protect the data, and comply with restrictions on cross-border data transfers.
Moreover, the PDPA has implications for employee training, record-keeping, and the development of internal data protection policies. Thai companies now have to educate their workers about data privacy obligations and establish appropriate processes to manage and secure personal data. This includes responding to data subject requests and reporting data breaches in a timely manner, which are also requirements under the PDPA.
The PDPA emphasises the need for organisations to adopt comprehensive data protection policies. These policies need to address the management of personal data, safeguard against unauthorised access, and dictate the flow of data across borders.
Organisations must also appoint Data Protection Officers (DPOs) to oversee the adherence to these policies and effectively safeguard personal data.
Temporary, part-time, and agency workers are entitled to the same basic employment rights as full-time and permanent workers. This includes rights to an agreed minimum wage, holiday pay, sick pay, and protection against discrimination in the workplace.
These provisions ensure that there is a foundation for equal treatment of all workers, regardless of their employment status, within Thailand’s labour market. The Labour Protection Act B.E. 2541 (1998) protects all types of workers, including agency workers. The Act requires equal treatment of temporary agency workers and those in more traditional, permanent roles.
Thailand’s constitution promotes equality and fair treatment for all types of workers. The Constitution guarantees equal rights to all individuals and protects them from discrimination. This implies that no individual can face unfair discrimination on the basis of their background, race, sex, age, health, marital status, financial status, religion, or political beliefs that align with the Constitution, among other factors.
Here are other laws governing anti-discrimination policies in Thailand:
The Persons with Disabilities Empowerment Act (B.E. 2550 (2007)) governs disability discrimination in the country. This Act focuses on empowering and protecting the rights of individuals with disabilities, ensuring their full participation and equal opportunities in various aspects of life, including employment.
Key provisions that you should keep in mind include:
Individuals can file complaints with the Department of Empowerment of Persons with Disabilities or seek legal recourse through the courts if they believe they have experienced workplace discrimination because of their disability.
Meanwhile, many companies adopt their own anti-discrimination policies and practices that include specific provisions for employees with disabilities.
Harassment law in Thailand
Workplace harassment policies are set in place to create a safe and respectful work environment. In Thailand, the Labour Protection Act (LPA) outlines provisions regarding sexual harassment in the workplace. The LPA explicitly forbids an employer, chief, supervisor, or work inspector from sexually abusing, harassing, or victimising an employee.
To address sexual harassment, employers are required to establish clear policies and measures to prevent such incidents. This includes creating and enforcing policies against harassment. Many organisations in Thailand develop their own anti-harassment policies that align with the LPA and Gender Equality Act. These policies often include clear procedures for reporting harassment and seeking resolution.
Employees have the right to file complaints with government agencies or seek legal recourse through the courts if they face harassment.
The Gender Equality Act (B.E. 2558 (2015)) specifically addresses issues of gender discrimination and promotes equal treatment for all genders. This Act includes provisions that prohibit gender-based discrimination in the workplace and promote equal treatment for all genders.
In addition, it mandates that employers provide equal pay for equal work, regardless of gender. Men and women must receive the same compensation for performing similar tasks and responsibilities.
We encourage companies in Thailand to implement policies that support gender pay equality, provide avenues for reporting discrimination, and seek legal remedies if necessary.
Thailand’s equal pay law stipulates that employers must provide equal wages for work of the same nature, quality, and quantity, irrespective of the employee’s gender. This is clearly outlined in the sections of the Labour Protection Act that address wages. The Act mandates that employers pay employees at least the minimum wage and adhere to fair compensation practices.
The law mandates that overtime pay, holiday pay, and holiday overtime pay should also be equal for all employees performing the same work, regardless of whether they are male or female. This ensures fairness and eliminates gender disparities in the workplace in Thailand.
Understanding what you can and can’t do as an employer is one of the biggest challenges of hiring in Thailand. Get it wrong, and you could face legal action and damage to your reputation.
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