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Draft Amendment to the Thai Labour Protection Law

On 20th September 2018, the National Legislative Assembly (“NLA”) approved in principle an Amendment to the Labour Protection Act B.E. 2541 (A.D. 1998).  The draft is now being reviewed by a reviewing committee appointed by the NLA before it is resubmitted to the NLA for the second reading and the final approval.

The major amendments in the draft are as follows:

1.  New Maximum Severance Pay Rate

The maximum severance pay rate will be adjusted from 300 days of the latest wage rate for the employee working for 10 years or longer to 400 days of the latest wage rate for the employee working for 20 years or longer.

2.  Business Leave

The employee will be entitled to a business leave not less than 3 working days per year in addition to the holiday leave.

3.  Maternity Leave Before Child Delivery

The maternity leave period will be increased from a period of 90 days to 98 days to cover a maternity check-up before the child delivery.

4.  Consent of Employee in Case of Employee Transfer

If there is a change in the employer due to a transfer or succession or a change in any other means resulting in a transfer of the employee to a new employer, a prior consent must be given by the employee.

5.  Notice on Relocation of Business Place

The employer must give a notice to employees if and when the employer relocates its business place.  The notice must clearly specify the new business place and the date on which the relocation will take place.

6.  Equal Payments to Employees

 The wages, overtime pay, holiday pay and overtime pay during holidays must be paid at the same rates for male and female employees working in the same job.


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