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Basic Business Laws – 2

        There are fundamental laws relating to business practice in Thailand. These must be followed if companies are to comply with governmental regulations currently in place.

         We will begin with laws relating to female and child workers and then finish with statutory requirements for companies who employ 10 or more staff.

Female staff:

        All employers must be aware that it is prohibited from employing female staff in the following capacity:

Female workers who are pregnant:

       An employer cannot terminate employment of a female on the grounds that she is pregnant.

Child labour:

Child employees – Forbidden establishments:

       An employer is prohibited from employing a child employee under the age of 18 from working in the following establishments:

          An employer is prohibited to pay remuneration of a child employee to any other person than the child employee themselves.

         An employer is prohibited from demanding or taking a deposit for any reason whatsoever from a child employee.

        A child employee has the right to leave their place of work to attend any events held by educational institutes, or a government or private agency that is approved by the Director-General. This includes such things as training, seminar or meeting sessions. During this absence, the employer is duty bound to pay the basic pay of the child employee in respect of leave of absence for up to 30 days per year.

Companies employing 10 or more employees

        Any company employing 10 or more workers must have written rules in the Thai language. Copies of these should be given to employees and placed in obvious areas of the working space for easy referral. A copy should also be submitted to the Director-General’s Department of Labour Protection and Welfare.

        As a minimum, they should include details such as working hours and days, rest periods, holiday rules for national and annual leave, disciplinary laws, how to submit complaints, and the termination of employment procedures that include details of severance pay.

        Such companies are also requested to register and keep an updated list of all employee’s personal details, their current address, date employment commenced, details of salary and any overtime rates applicable as well as the date of employment termination where relevant. These records should also be kept in the Thai language.

Adhere to the basic business laws:

         It would be a good idea for one member of the management team to attend a seminar or take it upon themselves to completely familiarise themselves with the basic business and employment laws of the country.

By doing so the whole company structure will benefit. It will mean that any issues raised or concerns voiced can quickly be explained to the letter of the law and appropriate action taken.

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