LABOUR PROTECTION ACT (No 7), BE. 2562 (2019) Hs Mas Ks Mv VARA ONG BCONDADERY ANAS Glven onthe a” Day of Api RE. 2562; Being the & Year ofthe Present Rein His Majesty King MahavajolonghorBodindadebayavaranghunis gracousty pleased to proclaim that: ef therefore, enacted by the King, by and withthe advice and consent ofthe National Legislative Assembly, as fllows. ‘heres itis deemed appropiate to amend the Law governing labour protection, ‘Whereas ths organic Act contains certain provions in relation tothe resticton of ‘ghts aed betes of persons, In respect of which section 26, n conjunction with sectonA0 cf the Constitution ofthe Kingdom cf Thalland so permits by vituo of provisions of law; ‘Wherene the reasons and need for the restriction of rights and Ubertios of persons under this Act fs tomprove the level of protection for employees to bein accordance ‘wth the intemational standard and to be more efclnt which would render employees, the majority ofthe public to have more stable work and better qualty of Ue, resulting In the benefit fr the stable econcmy ofthe county and inthis regard, the enactment ofthis Act duly ‘complies with the condtens proved in section 26 of the Constution of the Kingdom of “Thaland;, fe, therefore, enacted by the Kg, by and withthe advice and consent of the National Legsatve Assembly, as follows: Section 1, This Acts called the “Labour Protection Act No.7) 82562 (2019), Section 2.The Act shall come into force after the expration of tty cays from the date ofits publication inthe Government GazeteSection 3, Tre provisions of secton 9 paragraph one of the Labour Protection ‘Act BE. 2501 as amended ty the Labour Protection Act (No, 2) BE 2551 shall be repeated and replaced by te followings: “section 9, Inthe case where an employer fas to retum the guarantee secusty In the form of money under section 10 paragraph two or fal to pay money upon contract ‘termbation without ging notice under secton 17/1 of falls to pay for wage, overtime pay, holdby pay and holiday overtime pay within the speed tne under section 70, o fas to pay for compensation when an employer terminates the business establishment under section 75 fr severance pay under section 118; speci severance pay in eu of advance or specat severance pay under secten 120, section 121/1 and section 122, the employer shall pay the employee interest dutng the period of default a the rate of ffteen percent per annum" Section 4.The provisos of section 13 of the Labour Protection Act BE. 2501 shall be repealed and replaced by the followings: “wiere therehas been a change of employer or where the employe sa justi person and there is a regitation of change, assanment oF merger with any Juste person resulting in an employee having a new employer, the employee shall grant consent to being Under such new employer and the new employer shall assume the rights and dts, ented to fom thet previous employer, and in connection with those employees in all respects" Section 5. “he followings shall be added as section 17/1 of the Labour Protection Act BE. 2541 “section I7/L. In the case where an employer temiates. an employment ‘eantact without ging an advance notice under section 17 paragraph two, the employer shall pay compensation forthe amount of wage the employee &: supposed to receive as from the date the employee 1s dsmised until the termination of employment contract comes into effect under section 17 paaeraph two and this shal be paid cn the date the employee is cdsmissed” Section 6.The provisions In section 34 of the Labour Protection Act BE. 2541 stall be repealed and replaced by the following: “section 34, Employees are ented to leave for necessary busines for no less than three working day per year".Section 7, Tre provsons of secon 41 of the Labour Protection Act BE, 2581 shall be repealed and replaced bythe followings “section 41. A pregnant female employee i entiled to matey Leave of not ‘more than ninety eight days fr each preanancy. ‘The days of matemity leave refered to in this section shall include leave for pregnancy check-up before delivery ‘The leave ules paragaph one shall clude holidays that cccur during the leave petod Section 8, Tse provisions of sacton 53 of the Labour Protection Act BE 2581 shall be repealed and replaced by the Fellowes “caction 53, hare the work to be performed is of the same nature, quality and quanty or the werk inthe equivalent value, the wage, overtime pay, holiday pay and hollay ‘overtime pay shall be in fund by the employer In the same rate regardless of whether the employee Is male or feral Section 9, The followings stall be added as section 57/1 of the Labour Protection Act BE, 2541: “section 51/1. An employer shall pay the wae to an employee an the leave day for necessary business under section 34 at arate equal to the wage for worting day throughout the leave period but this eave shall not be more than three working day per year”. Section 10. The provisions of section 59 of the Labour Protection Act BE, 2561 shall be repealed and eplaced by the followings “caction 59, An employer shall pay the wage of an employee on maternity leave under section 41, at a ate equal to the wage fr @ noamal working day, for the entre petiod of tine the leave beng taken but not exceeding forty ve day". Seetion 11, The prouisons of section 70 of the Labour Protection Act BE 2541 shall be repealed and replaced by te fllowines “section 70, An employer shall pay wage, overtine pay, holiday pay, holeay overtime pay and other money which the employer has the dutls to pay under this Act cowectly ad within the speed time period as follows:(1) where wage Is calculated on a monthly, daly, hourly basis or at other ‘zation of no lange than one month or onthe bass of work output, payment shall be made ‘at least once a month, unless otherwise agreed upon by the employer ard employee in the interests of the employee; (2) Where wage Is calculated by methods other than as prescibed in (0, payment shall be made atthe time agreed! upon by the employer and employee; (3) Payment of overtime pay, holiday pay and holiday overtime pay shall be made at east once a month, \Where the employer terminates the employment of an employee, the employer stall pay wage, overtime pay, holiday pay, holiday overtime pay and money the employer shall ay under ths Act to an employee who i ented to receive such pay, within thee days from the cate of termination ofthe employment” Section 12, “he provsions of section 75 of the Labour Protection Act BE, 2581 ‘as amended by the Labour Protection Act (No.2) BE. 2551 shall be repealed and replaced by the followings: “Cection 73. the case where ef necessay for an employer to terinate & ‘whole or a part of the bushes operation temporary for whatever important reason aflecting the business operation of the employer and resulting inthe employer being unable to operate ‘the business ac usual which is not de to force majeure, arm employe shall make a payment to ‘an employee for no less than seventy fke percent of the wage the employee has recehed before the employer terminxtes the business operation throughout the time the employer does not requte the employee to werk at 2 payment place under section 55 and within the prescribed tie period for payment under section 701). Section 13. The provsions of section 93 (5) of the Labour Protection Act BE. 2541 as amended by the Labour Protection Act (No, 2) BE. 2551 shall be repealed and replaced bythe falling: 15) to ssue an employer to pay for speci severance pay instead of a gven advonce notice or special severance py under section 120/1* Section 14. “he prousions of section 118 (8) of the Labour Protection Act BE. 2541 shall be repealed and placed by the flowing:(5) an employee who has worked for a continuous period of ten years but less than twenty years, shall be paid forthe amount of not less than his or he ast ate of wages for three hunted days, or of rt less than hi or her wages fr the last thee hundred days for an employee who receives wages on a piece rate bass" Section 15. The followings shall be added as (6) of section 118 of the Labour Protection Aet BE, 2841 “(6 an employee who has worked fer a continuous period of twenty years and ore shalt be paid fr the amount of not less than the last rate of wages forfour hundked days oF of not lass than his her wages for the last four hundred days for an employee who receles wages on a pece rae basi" Section 16. The prowisons of section 120 of the Labour Protection Act AE. 2581 a: amended by the Labour Protection Act (No.2) BE. 2551 shall be repealed and replaced by the followings: “section 120. An employer who wishes to move a place for establishment of business operation to new business establishment oF to others place of an emplayer, the employer shall public a noice in advance ina public place where such business operation is cetablshed and employees be able to soe clearly for a continuous period of no less than tity cys as fom the day of meng the business establishment, Such notice sall contain at east, the statements which are clear and suféent to understand in regard to which, where and shen an employee would ke moved to bn the case where the employer fas to ge an advance notee to an employee Under paragaph one, the employer shall pay speclal severance pay, to an employee who does rot wish to move to a new business establishment, In leu ofthe adkance notice in an amount ‘equal to thity days of the most recent wage rte receved by him or her er not less than the wage for work performed inthe last thirty days as an employee who is paid on the basis of his lor her wage on a piece rate basis In the case where ary employee sees that the move of such business establishment would substantially affect the ordinary course of ling of such employee or family and does nat wich te work ina elocated business establishment, he or she shall not, In wating, the employer within tity days 35 fom the date of pubic notce as fom the date of relocating the business establishment in the case where the employer does net put @ pubic ratice under paras one and the employment contact shall be deemed to be terminatedfon the date the employer relocates the business establishment. The employee Is entitled to special severance pay not less than the rate of severance pay he oF she would be ented to Under Section 118 bh the case where the employer disagrees with the reason of the employee Under paragraph tee, the employer shall submit a complaint tothe Labour Welfare Commitee within thity days as from the date of eca¥ing the wren notice” Section 17. The followings shall be added as section 120/1 and section 120/2 of the Labour Protection Act BE. 2541 “section 120/1. When the Labour Welfare Committee considers the complaint under section 120 and is ofthe opinion that the employee has the right to recive the special severance pay in leu of the advance notice cr special severance pay, the Labour Welfare Committee shall der the employer to pay the special severance pay in Ueu of the advance ratice o special severance >ay, asthe case may be, tothe employee within thity days as from the date of receving the order. In the case where the Labour Welfare Cernitte consiers and is of the opinion that the employee has no right to recehe the specal severance pay in li of the advance ratce or spacial severance 20, a5 the case may be, the Labour Welfare Committe shall notify the employer and employee of such ore, In the case mhere the complaint is considered and an order sued by the Labour Welfare Commitee, this shall be completed within shy days a5 ffom the date of receling the complaint ane the order shall be notified to the employer and employee within fteen days as from the date of ssunnce of exe. “The oder ofthe Labour Welfare Committe fal except in the case where the ‘employer or employee wes to appeat the order to the Cout within thity days as fm the ate of recetng the orden the case where the employer isthe plaintif of the court case, the emplayer shall place the guarantee to the cout for the amount he or she shal pay in ‘accordance withthe order kere iiating the case bs sepa te the delivery of the order of the Labour Welfare Commites, the Provion of section 143 shal apply mutatis matandlsSection 120/2 n the case where the employer has appealed the order of the Labour Welfare Committee to the Court within the time period as prescrbed under section 120/1 poragraph four and has complied wth the cout rung or order, the criminal proceeding aginst the employer shall be ceased” Section 18, The provisions of section 120 of the Labour Protection Act BE 2541 18 amended by the Labout Protection Act (No, 2) BE. 2551 shall be repealed and replaced by the followings: "section 1201. In the case where an employer has complied with an order ofa labour inspector under secton 124 within the prescibed time period, the criminal proceeding against the employe shal be ceased”, Section 19, The followings shall be added as section 125/1 of Chapter 12, the Submision of complaints ad conseeration of complaints, of the Labour Protection Act BE 2501: “section 125/1In the case where an employer Insts a casein the court within the tine petiod a5 prescribed under sacton 125 and has complied with the Court rullag or ‘xder, the criminal proceeding against the employer shall be ceased” Seetion 20. The provision of section 144) of the LabouProtection Act BE 2541 ‘a amended by the Labour Protection Act (No, 6) BE, 2560 shall be repealed and replaced by the following: “Q) section 10, section 17/1 secton 23 paragraph two, section 26, section 25, section 26, section 37, section 38, section 38, section 39/1, section 40, section 42, section 43, section 46, Section 7, section 48, section 51, section 57/1, section é1, section 62, section 63, section 64, section 67, section 70, section 72, section 76, section 90 paragraph one, section 118 paragraph one or section 118/1 paragraph two" Section 21. The provisions of section 144 (2) of the Labour Protection Aet BE. 2501 as amended by the Labour Protection Act (No, 8) BE. 2560 shall be repeated and replaced bythe fellowes: section 145. Any employer who fais to comply with section 23 paragaph one cor paragraph three shall be lable toa fine not exceeding five thousand Bab”Seetion 22. The provisions of section 145 of the Labour Protection Act BE, 2541 shall be repeated and replaced by the followings: "section 145. Any employer who fals to comply vith section 28 paragaph one cor paragraph three shall be lable to fine of nat exceeding five thousand Baht, Section 23, The prowisons of section 146 of the Labour Protection Act BE, 2581 as amended by the Labou Protection Act (No, 4) BE. 2553 shall be repealed and replaced by the followings: section 146. Aay employer who fais $o comply with section 15, section 27, section 28, section 29, sectin 20 paragraph one, section 45, section 53, section 54, section 56, section 57, section 58, secon 59, section 65, section 66, section 73, section 74, section 75 paragaph one, section 7, section 99, section 108, section 111, section 12, section 113, section 116, section 115, section 117 or without advanced notice, section 121 paragraph one or section 139(2 or (3) shall be lable to a fine not exceeding twenty thousand Baht Section 26-The provisos of section 151 paragraph two ofthe Labour Protection ‘Act BE 2501 as amensied by the Labour Protection Act (No. ) BE. 2553 shall be repealed and replaced by the following: “Any person who falls to comply with an order of a labour inspection under section 124 shall be lable to imprisonment for a tenm not exceeding one year orto a fine not ‘exceeding twenty thousand Baht orto both Section 25. The provions of section 185/1 of the Labour Protection Act BE. 25at as amended by the Labour Protection Act (No. 2) RE. 2551 shall be repealed and replaced by the fllowigs: "section 55/1. Any employer who fails to submit or notify a form stating employment conditions and working condtons under section 115/1 shall be lable to a fine not exceeding twenty thousand Baht" ‘cournersigned by General Prayut chan-o-cha Prine Minter