Page 87 - Introduction to Investment Laws in Thailand

CHAPTER 4
LABOUR LAW

Key legislation concerning labour protection in Thailand are 1) the 1998
Labour Protection Act, 2) the 1994 Workmen’s compensation Act 3) the
1975 Labour Relations Act. These laws apply to all businesses with a
minimum of one employee and cover all employees, whether full or part-
time, seasonal workers, occasional workers, and contract workers.
Nonetheless, domestic workers are not covered by the aforementioned
legislation.
The Labour Relations Act 1975 distinguishes between Thai and
foreign workers. Article 88 of the Act reserves the right to set up a trade
union for Thai workers since membership of the board of the trade union
is only open to Thai nationals. Even if migrant workers are not prohibited
from becoming members of Thai trade unions, it is difficult, and only a
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small number of migrant workers has been accepted in practice .
4.1 General Employment Conditions

The 1998 Labour Protection Act has been amended twice in 2008 and
2019. The Act lays down minimum standards regarding the treatment of
employees such as minimum wages, working and resting periods,
holidays, working conditions, equal treatment and remuneration between
men and women in employment, the prohibition of child labour, and
prohibition of sexual harassment against women or young employees.

The Labour Relation Act 1975 requires that an employer with at least
20 or more employees is required to establish an employment conditions
agreement. The agreement is concluded between an employer and an
employee or an employer or an employer’s association or union. The

100 Pracha Vasuprasat, Agenda for Labour Migration Policy in Thailand:
Towards Long-Term Competitiveness, ILO, 2010

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