TeakDoor.com - The Thailand Forum - View Single Post - Thailand's Labour Protection Act 1998 (English Language version)

William · 09-02-2006, 02:34 PM

Part 4

Quote:

Chapter 5 - Wages, Overtime Pay, Holiday Pay and Holiday Overtime Pay

Section 53. The boss shall prescribe wages, overtime pay, holiday pay and holiday overtime pay to employees equitably for work which has the same characteristics and quality and when the amount of work is the same, regardless of whether those employees are male or female.

Section 54. A boss shall pay wages, overtime pay, holiday pay, holiday overtime pay and other monetary benefits arising from employment in Thai currency, unless consent has been obtained from the employee for payment to be made in the form of a financial bill or in foreign currency.

Section 55. A boss shall pay wages, overtime pay, holiday pay, holiday overtime pay and other monetary benefits arising from employment to an employee at the employee's place of work. If payment is to be made at another place or by another method, consent must be obtained from the employee.

Section 56. A boss shall pay a wage to an employee equal to the wage on a working day in respect of the following holidays:

(1)A weekly holiday, except for employees who receive a daily wage, an hourly wage or a wage paid for piece work.
(2)A traditional holiday.
(3)An annual leave holiday.

Section 57. A boss shall pay a wage to an employee on a medical leave day under Section 32 equal to the rate of the wage on a working day throughout the entire leave period, but the number of such leave days must not exceed thirty working days in a year.
When an employee exercises the right to take leave in order to be sterilized in accordance with Section 33, the boss shall pay a wage to the employee on that day as well.

Section 58. A boss shall pay a wage to an employee who takes leave for the purpose of military service under Section 35 equal to the wage on a working day throughout the entire leave period, but the number of such leave days must not exceed sixty days in a year.

Section 59. A boss shall pay a wage to a female employee on maternity leave equal to the wage on a working day throughout the entire leave period, but the number of such leave days must not exceed forty five days.

Section 60. In the interests of payment of wages under Sections 56 to 59 and Sections 71 and 72, when an employee receives a wage on the basis of piece work, on the date of payment of such a wage the boss shall pay holiday or leave pay in an amount equal to the average working day's pay that had been received by that employee prior to the holiday or leave day.

Section 61. When a boss requires that an employee work overtime on a working day, the boss shall pay overtime pay to the employee at a rate that is not less than one and a half times the normal hourly for the hours of overtime worked, or not less than one and a half times the piece rate on a working day, according to the amount of work produced by an employee who is paid a wage on the basis of piece work.

Section 62. When a boss lets an employee work on a holiday in accordance with
Sections 28, 29 or 30, the boss shall pay holiday pay to the employee at the following rates:

(1)For an employee who is entitled to receive holiday pay, an additional payment of not less than one time the hourly wage rate on a working day shall be paid in accordance with the number of hours worked or not less than one time the piece work rate paid for past work for employees paid on the basis of piece work.
(2)For an employee who is not entitled to receive holiday pay, a payment of not less than two times the hourly wage rate on a working day shall be paid in accordance with the number of hours worked, or not less than two times the piece work rate paid for past work for employees paid on the basis of piece work.

Section 63. When a boss requires that an employee work overtime on a holiday, the boss shall pay holiday overtime pay to the employee at a rate that is not less than three times the hourly wage rate on a working day in accordance with the number of hours worked, or not less than three times the piece work rate paid for past work for employees paid on the basis of piece work.

Section 64. When a boss has not arranged for an employee to take a work break or has arranged for the employee to have a work break that is less than that which is prescribed under Section 28, 29 and 30, the boss shall pay holiday pay and holiday overtime pay to the employee at the rates which are prescribed in Sections 62 and 63 as if the boss had instructed the employee to work on a holiday.

Section 65. An employee who has the following authority and duties or who is instructed by a boss to do any of the following work is not entitled to receive overtime pay under Section 61 and holiday overtime time under Section 63, but an employee who is instructed by a boss to do work under subsections (2) to (8) is entitled to receive monetary remuneration equal to the hourly wage rate on a working day in accordance with the number of hours worked.

(1)An employee who has the authority and duty to act on behalf of a boss in respect of employment, payment of remuneration, reduction of wages or termination of employment.
(2) Railway work preparation operations: the work that is performed on the trains and the work of facilitating the operation of the trains.
(3)The work of opening and closing watergates or water discharge gates.
(4)The work of reading water levels and measuring water amounts.
(5)The work of extinguishing fires or of preventing public disasters.
(6)Work the characteristics or nature of which require going outside to perform the work and, due to the characteristics or nature of the work, it is not possible to determine the definite hours of work.
(7)The work of being on shifts to watch over a site or property which is not the normal work of the employee.
(8) 0ther work as prescribed in ministerial regulations.

The above shall apply unless the boss agrees to pay overtime pay or holiday overtime pay to the employee.

Section 66. An employee under Section 65 (1) is not entitled to receive holiday pay under Section 62 unless the boss agrees to pay holiday pay to the employee.

Section 67. When the boss terminates the employment of an employee, and the reason is not included among those listed under Section 119, the boss shall pay wages to the employee for the annual leave in the year of termination of employment in accordance with the ratio of annual leave which the employee is entitled to and including the accumulated annual leave under Section 30.

Section 68. In the interests of the computation of overtime pay, holiday pay and holiday overtime pay, when the employee is paid a monthly wage, "hourly wage rate on a working day" means the monthly wage divided by the product of thirty days and the average number of working hours on a working day.

Section 69. In the interests of the computation of overtime pay, when the boss fixes normal working hours as a week, traditional holidays, annual leave and leave days shall be counted as working days.

Section 70. A boss shall pay wages, overtime pay, holiday pay and holiday overtime pay correctly and in accordance with the following deadlines:

(1) When wages are calculated on a weekly, daily, hourly or on the basis of some other period of time which is not more than one month, or in accordance with work calculated at a piece rate, payment shall be made not less than once a month, unless there is an agreement otherwise which is to the benefit of the employee.
(2) When wages are calculated other than in subsection (1), payment shall be made in accordance with the deadline agreed on between the boss and the employee.
(3) 0vertime pay, holiday pay and holiday overtime pay shall be paid not less than once a month.

When a boss terminates the employment of an employee, the boss shall pay the wages, overtime pay, holiday pay and holiday overtime pay which the employee is entitled to receive to the employee within three days from the date of termination of employment.

Section 71. When a boss instructs an employee to travel to work in a locality other than the locality for normal work on a holiday, the boss shall pay a wage equal to the wage on a working day to the employee who is not entitled to receive holiday overtime pay in accordance with Section 56 (1) in respect of that trip.

Section 72. When a boss instructs an employee to travel to work in a locality other than the locality for normal work, the employee is not entitled to receive overtime under Section 61 and holiday overtime pay under Section 63 during the trip. However, in respect of a trip on a holiday, the boss shall pay a wage equal to the wage on a working day to the employee who is not entitled to receive a wage on a holiday under
Section 56 (1), unless the boss agrees to pay overtime or holiday overtime to the employee.

Section 73. A boss shall pay for travelling expenses under Section 71 and 72.

Section 74. When a boss agrees to pay overtime, holiday pay and holiday overtime pay at rates higher than those prescribed in Sections 61 to 63, it shall be as so agreed.

Section 75. When it is necessary for a boss to stop all or part of the business temporarily for any reason which is not an act of god, the boss shall pay the employee not less than fifty percent of the working day's wage which the employee had received before the boss stopped the business throughout the time period when the boss does not permit the employee to work.

A boss shall inform the employee and the Labour Inspection Officer in advance before the date of commencement of stoppage of business under paragraph one.

Section 76. A boss shall not deduct wages, overtime pay, holiday pay and holiday overtime pay unless it is a deduction for the purpose of

(1)paying income tax in the amount which has to be paid by the employee or paying other monies as provided for by law,
(2)paying trade union dues under the articles of the trade union,
(3)paying the debts of a savings cooperative or some other cooperative which has the same characteristics of those of a savings cooperative, or debts which are for the beneficial welfare of the employees solely, wherein consent has been obtained in advance from the employees,
(4)providing guarantee money under Section 10 or compensation to the boss for damages which had been caused by the employee deliberately or due to gross negligence, wherein consent has been obtained from the employee,
(5) depositing money for the employee in a savings fund under an agreement with the employee regarding such a fund.

With regard to deductions under subsections (2) to (5), in each case deductions of more than ten percent are prohibited and the total deductions may not be more than one fifth of the money which the employee is entitled to receive on the date for payment under Section 70, unless consent has been obtained from the employee.

Section 77. When a boss must obtain consent from the employee or has an agreement with the employee on the payment of money under Sections 54 or 55 or deductions under Section 76, the boss must do so in the form of a letter providing such consent and give it to the employee to sign, or must have a clear and specific agreement between them.