Page 100 - Introduction to Investment Laws in Thailand
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SMART Visa Important qualifications Important privileges
types
SMART O - spouse and legitimate children permission to stay and work
(Others) of SMART visa holders with no work permit
required for the same
duration as the Smart visa
holder
Source: BOI, SMART Visa, accessed on 2 July 2021, https://smart-
visa.boi.go.th/smart/index.html
4.5 Employment Dispute
Dispute concerning conditions of employment can be resolved in three
steps, which are negotiation, conciliation, and labour dispute arbitrator.
Step 1: Negotiation begins with the notice which can be initiated by
either party. The notice should be in writing. The negotiation should be
organized within three days after the reception of the notice. Each party
can send the representatives to negotiate up to seven people for each party.
In case the negotiation is not organized within three days after the
reception of the notice, or after the negotiation, the parties cannot reach
an agreement, the law considers that there is a labour dispute between the
employer and the employee concerning employment conditions within
that employment place.
Step 2: The law requires the party who initiated the notice to inform
the conciliation officer within 24 hours after the failed negotiation. The
conciliation officer will attempt to mediate and try to find a mutual
agreement within five days after the reception of the failed negotiation. In
case the agreement has been reached, both parties will sign a written
agreement concerning employment conditions. The employer has to
publish that agreement in the workplace for at least thirty days as well as
register that agreement with the welfare and labour protection office
within fifteen days after the agreement has been reached.
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