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Labor & Employment Law

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Both employees and employers should have good understanding of employment law matters. The employment legislation focuses on the issues arising between an employer and employee, especially the rights and obligations of both parties. Due to the complexity of the employment law problems, consulting a legal expert is the best thing to do when confronted with employment situations. Makbool Javaid, a highly experienced legal professional, provides legal assistance and even in-house training and coaching to corporation managers.

Most of us come in contact with employment law issues on a daily basis. Whether you’re accepting a job, getting a promotion or hiring someone within your company, it’s mandatory that you know what your rights and obligations are. Employers need to respect their employees’ rights and supervise if they are fulfilling their obligations. If you’re an employer and you don’t know what the employment legal requirements are you’re bound to have serious problems. Makbool Javaid is an employment legislation expert and head of the employment group at Simons Muirhead & Burton. At makbooljavaid.com you can read more about Makbool Javaid and his activity as a legal professional.

All employees have basic rights and obligations in their workplace environment. They are obligated to respect their work schedule, workplace ethics and company privacy issues. Among the most important rights employees have are the rights to fair compensation, privacy and freedom against discrimination. The latter has been the subject of many rules and regulation, as discrimination has been a real problem in workplace environments. Nowadays, employers are prohibited to discriminate against people based on their gender, age, race, impairments and so on. With the help of federal anti-discrimination regulations, this once very troublesome issue is becoming history.

Most people, when thinking about employee rights, forget to consider the job applicant and former employee rights. A job applicant for instance has several rights during the hiring process. The right to not be discriminated against during the hiring process for reasons such as gender, age, religion, race or nationality is probably the most important. Furthermore, a job applicant’s privacy needs to be respected during the interview, regardless of him obtaining the job. Former employees are also protected by several regulations, including the Consolidated Omnibus Reconciliation Act of 1985. This act states that former employees, whether fired or not, will not lose coverage of the health group plan.

An employee’s right to privacy in the workplace is one of the most important rights instituted by the employment legislation. Therefore, the employee’s personal possessions, private mail and telephone conversations must be respected. There are also several pieces of information concerning employees or job applicants that employers must not look into. For instance, conducting credit or background checks of en employee is strictly prohibited without having the employee’s permission.

As an employer or employee it’s very important that you know at least some basic employment law issues. When confronted with en employment legislation problem, the best option is to seek some professional assistance. At makbooljavaid.com you will find information about the career of Makbool Javaid – one of the best employment law legal professionals.

Labor & Employment Law

Apart from Labor Protection Act BE 2541 (1998) and Thai Civil and Commercial Code, the laws in connection with Thai labor issues cover Labor Relations Act BE 2518 (AD 1975), Provident Fund Act BE 2530 (AD 1987), Social Security Act BE (AD 1900), and Workmen's Compensation Act BE 2537 (AD 1994.)

The Ministry of Labor and Social Welfare, via the Department of Labor Protection and Welfare, administers the laws as well as rights with regard to labor issues. Further, the Minister of Labor and Social Welfare also possess right to appoint labor inspectors as well as to issue regulations and notifications.

The Labor Protection Act and other related laws have set up employees' minimum rights working in the country. This in turn includes rights covering almost every aspect of an employment such as working hours, remuneration, child and female labor, employee welfare fund, overtime wages, sick leave and maternity leave, holidays, employee dismissal and termination, provident fund issues, workers' compensation, employee social security, and severance. Discussed further in this article are rights pertaining to certain aspects of employment in Thailand.

Working Hours

An employee is mostly entailed to work eight hours a day or 48 hours a week. However, it is reduced to seven hours a day or 42 hours a week, in case, the work is hazardous and affects employee's health. In addition, an employee working continuously for five hours a day should be given a resting time of at least one hour. Likewise, an employee must also be given at least one day holiday in a week.

Remuneration

A remuneration committee has been set up, containing chairman who is the permanent secretary of the Ministry of Labor and Social Welfare, government representatives, and representatives of both employers and employees, in order to fix the wages and to determine basic pay.

Place of Payment of Remuneration

As per the Labor Protection Act, an employer is required to make payment of remuneration at the working place itself. However, it can be changed provided if employee is ready to accept payment at some other place or via some other payment modes.

Female Employees

According to the labor acts, both male and female employees must be treated equally in a working environment. However, there are certain exceptions in this case. For instance, an employer is restricted to employ female employee in such organizations engaged in mining as well as construction projects, underwater and tunnel works, and production and transportation of inflammable materials and explosives. Similarly, pregnant female employee is prohibited from working in plant or equipment that vibrates and lifting or carrying on her head more than 15 kilograms of weight. Additionally, an employer cannot terminate a female employee when she is pregnant.

Child Labor

According to the labor law, a child labor could be employed only if he has completed 15 years of age. But, in order to child labor below 18 years of age, the employer is required to notify it to the labor inspector regarding the employment of a child labor within 15 days from the date of his joining the job. Likewise, the law restricts an employer to make a child labor below 18 years to work on public holidays and to do overtime. Further, child labor below 18 are not allowed work in certain working environments such as metal stamping, working with hazardous chemicals, and working with poisonous microorganisms.

Sick Leave and Maternity Leave

As per the law, an employer must grant employees at least 30 days paid sick leave. However, an employee must furnish a doctor's certificate in case, he takes sick leave continuously for three days. In the case of maternity leave, a female pregnant employee should be granted at least 90 days maternity leave, of which the employer should pay for 45 days of the maternity leave.

Termination

A notice in writing must be given to an employee prior to his termination. However, according to the Labour Protection Act BE 2541 (1998), an employer can dismiss or terminate an employee without any notice or severance payment in any of these following circumstances such as

- Performing his or her duties and responsibilities dishonestly

- Committing any kind of criminal offense

- Negligence from the part of employee that leading to serious damage or loss to the employer

- Disobeying working rules and regulations devised by the employer

- On imprisonment as per the final judgment of imprisonment

A plethora of law firms are now in scenario in order to help you dealing with the Thai labor law. Usually, these law firms provide a range of services in connection with labor issues such as labor disputes, labor court representation, payroll issues, social security, and labor law compliance issues.

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Both Ane Tide & Wolfgang Jaegel are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Ane Tide has sinced written about articles on various topics from Forex Guide, Internet Marketing and Coffee Advantages. is something any employee or employer should know a few things about. However, when facing legal employment issues, it’s best to seek professional guida. Ane Tide's top article generates over 110000 views. to your Favourites.

Wolfgang Jaegel has sinced written about articles on various topics from Health, Family Travel and Hybrid Cars. For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on

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