Filing fees are exempted. We know that every situation is unique, therefore it is essential to seek a consultation with someone who is specialized in Thai Labor Law to full… What constitutes “unfair” termination is not adequately defined under Thai law. However, under Section 119 of the LPA, an advance termination notice is not required where: ■          the employee dishonestly performs duties or intentionally commits a criminal offence against the employer; ■          the employee intentionally causes loss to the employer; ■          the employee commits an act of negligence resulting in serious loss to the employer; ■          the employee’s act violates the work rules, regulations, or orders of the employer that are legal and fair, and receives a written warning notice; ■          the employee neglects his/her duties for three consecutive days without a reasonable cause, regardless of whether a holiday is in the intervening period; or. 2020 has been one of the most eventful and unprecedented years for competition law in Thailand. 1.6        To what extent are terms and conditions of employment agreed through collective bargaining? How does a business sale affect collective agreements? However, for share sale, as there is no termination or transfer of employment, the collective agreements made with the employer will be automatically continued with the buyer of shares. ); ■          remuneration for wages, overtime payments, payments for working on holidays and severance payments; ■          due notice of termination and pay in lieu of advance notice; and. The employee’s committee must hold office for three years and its members can be re-elected or re-appointed. The employee is entitled to receive special severance of not less than statutory severance under Section 118 provided in the above table. The employer and the employee may agree to arrange the period of working hours for some types of works, as stipulated by the Thai labor law, but the total number of working hours in any case must not exceed 48 hours a week. Whoever controls the education system controls a whole nation. 6.3        What protection do employees have against dismissal? However, the employee who resigns has no right to claim for compensation. This Thailand law firm offers comprehensive legal services in Thailand to both local and foreign clients for Litigation such as civil & criminal cases, labor disputes, commercial cases, … Can an employer transfer employee data freely to other countries? The length of appeal varies depending on the complexity of the case. Avv. Employees do not have specific rights on data protection, except where that data is specifically protected by other laws, such as the Thai Criminal Code and the Computer Crimes Act B.E. (6) to perform any other task as prescribed by this Act or by any other law to be the powers and duties of the Labour Welfare Committee or as assigned by the Minister. Thai law does not grant the right to the employee’s committee to co-determination, but rather a consultation right. Yes. Yes, employees can request their personal information from the employer. Is the Thai education system really a failure? Thai Labor Protection Act also provides for provisions regarding foreign workers or non workers or non resident aliens in Thailand. 2541 submitted to a labour inspector; or there is a labour dispute under the labour relations law; or there is a lawsuit is commenced, an employer must retain the record and the documents until the order or judgement of such matter has been final. Under the LRA, a strike is restricted where: (i) no notification is being given to the other party or is given but a labour dispute can be settled; (ii) a party having the duty to comply with the agreement has complied with such agreement; (iii) a party complies with a settlement of conciliation officer or an award issued by a labour dispute arbitrator; and (iv) a dispute is pending a decision of the Labour Relations Committee or the Labour Dispute Arbitrator. Welfare with the employer and propose to the buyer 2541 ( 1998,... 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