From Institutional Effectiveness and Accreditation

Revision as of 02:39, 16 October 2013; view current revision
←Older revision | Newer revision→
Jump to: navigation, search

The accessibility to a relatively inexpensive and mobile labour force is one of Thailand's best assets and was the main reason for Thailand's acceptance for manufacturing businesses.<br /><br />The legal restrictions relating to the employment of workers and staff are incorporated in the Labour Act and the area of the Civil and Commercial Code on contracts relating to the hire of services contracts. Additionally, there are always a number of ministerial regulations issued by the Ministry of Interior (just before 1993) and the Ministry of Labour & Social Welfare (from 1993 onwards ).Minimum WageThe minimum daily wage depends upon the location and types of employment activities relative to the Labour Act.LocationMinimum Daily WageBangkok, Pathumhani, Nonthaburi, Samut Prakan, Samut Sakhon, Nakhon, Pathom 191 BahtPhuket 186 BahtChonburi 172 BahtSaraburi 168 BahtNakhon Ratchasima 162 BahtRayong 161 BahtChachuangsao, Ayutthaya and Ranong 160 BahtChiang Mai and Phang Nga 159 BahtKrabi, Petchburi 156 BahtKanchanaburi, Chanburi, Petchburi and Lopburi 155 BahtOther provinces143-154 BahtWorking Hours & HolidaysLabour regulations prescribe the maximum number of operating hours of personnel at 48 hours each week. Where work is deemed risky, working hours may not exceed 42 hours a week or not more than 7 hours a day.Once employees have worked for 5 consecutive hours, they must be given an one-hour rest period. All workers who have worked continuously for a period of time of no less than one year are eligible to at the least 6 trading days paid vacation every year along with the 13 public holidays traditionally observed in Thailand (including National Labour Day).<br /><br />Sick LeaveAll workers have entitlement to sick leave with purchase up to 30 working days each year. An employer may need a member of staff to generate a medical certificate when the sick abandon taken is for 3 consecutive days or even more. A member of staff can be ignored for absence from work for 3 days or more without reasonable explanation.Female & Child LabourFemale workers might not be employed to do work which is strenuous and dangerous with their health, which is detrimental to their morals and safety; or between 12 midnight and 6am, except in shift work. If necessary, a female employee that has worked for more than 180 days is eligible to take maternity leave with pay for 45 days and an additional 45 working days without pay. Maternity leave is as well as the 1 month paid sick leave to which all personnel are entitled.Children under 15 years old shall not be employed under any circumstances.<br /><br /> Children over 15 but under 18 years of age could be allowed to work if official authorization is secured from the Labour & Social Welfare Ministry. Young ones over 15 but under-18 shouldn't be made to work between the hours of 10pm and 6am unless they are film or theatre performers or are engaged in related work or compelled to work on regular holidays, weekly holidays or in their annual leave. No-one under 18 years is allowed to perform work prejudicial with their health, morals and safety.WelfareThe employer is needed by auto accident legal services Raleigh to supply sufficient drinking facilities, washrooms and bathrooms for workers and must have first-aid and medical facilities on the premises. The extent of such facilities is dependent upon the nature of organization and number of employees.Working RegulationsAn & Rules employer with 10 or even more regular employees must establish rules and regulations in the Thai language guiding work performance and to display these regulations at the work premises. A duplicate of these rules and regulations should be submitted to the Ministry of Labour & Social Welfare within 7 days from the date the manager gains a total of 10 employees or more.<br /><br />An employer is also necessary to maintain an employee register in the Thai language with documents regarding the computation of wages and these should be made readily available to Labour Inspectors.Termination of Employment & Severance PayWhere a work commitment does not designate a definite period of employment, either party may terminate it giving one-month's written notice. A dismissed employee is eligible for receive termination obligations centered on length of service until his dismissal is the result of severe misconduct.In the event an employee is dismissed without one month's prior written notice, an additional one-month's pay in lieu of notice is required.Labour RelationsAn employer is prohibited from dismissing an employee who is struggling to keep on working due to participation in labour rallies and submission of labour demands and negotiations, the result that is pending.All labour associations must be registered with and certified by the Central Registration Office of Employees' Association, Ministry of Labour & Social Welfare or by provincial registrars selected by the Ministry of Labour & Social Welfare.Demands by employees can just only be considered acquired by the employer if they are offered in writing and direct negotiations between employers and employees must be performed through their authorised representatives.<br /><br />When the parties can't reach agreement, conciliation may be created by the Labour Department upon receipt of the case presented in writing or an arbitrator may be appointed to reconcile the dispute.The employer may not resort to lock-out or employment termination and employees are forbidden from staging hits until settlement procedures have already been exhausted.Labour SettlementsThe Labour Inspector under the Labour Protection Act and the Labour Court under the Labour Court Procedure Act provides additional protection and remedies for any disputes arising between an employer and an employee including unfair termination.A choice as to whether an employee's termination is unfair or not rests on the Labour inspector or the Labour Court's discretion.Employment of Foreign NationalsWork PermitsThe Foreign Employment Act, administered by the Department of Employment, the Ministry of Labour & Welfare, prescribes the occupations in Thailand closed to foreigners, the procedures governing the issue and renewal of work permits and the punishment against persons violating this Act.With the exemption of certain foreigners such as members of diplomatic corps and consular missions, representatives of member countries and representatives of the Un Organisation, persons entering the Kingdom to execute any duty must get yourself a work permit before commencing work.A foreigner may be allowed under the Foreign Work Permit Act to handle necessary and urgent work that shall not be over 15 days in duration, nonetheless the Ministry of Labour & Social Welfare must be informed in writing before commencing such work.<br /><br />The Act provides a list of occupations exclusively reserved for Thais, generally in the fields of manual and professional work and also in certain professional occupations, such as design, sales, structure and law.The Act provides that a prospective employer may file a credit card applicatoin on the foreigner's behalf before the foreigner enters Thailand or the foreigner himself may file it after entry in to the place. The work permit will be valid for such a time period insofar as the foreigner's non-immigrant visa permits them to keep in Thailand and will be renewed in accordance with the acceptance of a visa extension.Approval of a work permit is considered on a case-by-case basis depending on the financial standing of the employer i.e. paid-up capital, ratio of Thai staff to visitors and how helpful the business of the employer would be to the Thai economy.Any foreigner participating in work without a work permit (or in violation of his work as stipulated in his work permit), as well as anybody found using a foreigner without a relevant work permit might experience imprisonment or a fine or both.<br /><br />The procedure for foreigners in Thailand is to:Enter Thailand with a valid category B non-immigrant visa;Make application for a work permit (usually takes between 1 week to two weeks to process );Extend the category B non-immigrant visa beyond 90 days.Non-Immigrant VisaForeigners intending to stay and work in Thailand must obtain a non-immigrant visa prior to arrival, issued by a Royal Thai Embassy or Consulate abroad.A foreigner who intends to remain in Thailand to work or undertake business is needed to obtain a non-immigrant visa from a Royal Thai Embassy or Consulate.There are many categories of non-immigrant visas including: business visa (category B), dependent visa (category O), long-term business visa (category B-A), diplomatic and consular visa (category D), and a knowledge visa (category ED ).To prevent application and acceptance problems, the proper category of non-immigrant visa should be obtained prior to entering Thailand. While members of his/her family are often issued category O visas foreigners planning to work in Thailand is likely to be issued a category B visa. Some embassies may also require certification or a letter of invitation from the potential employer in Thailand.<br /><br />Upon arrival, a non-immigrant charge case may initially be granted a 3 months stay. A classification W visa is usually not extendable unless the client has applied for a work permit. In practice, the Immigration Department allows a momentary stay visa for a period of as much as 1-month at any given time during the process for expansion of the category B visa. Agreement of the visa extension is recognized as on the basis and the decision of the Immigration Bureau is final.Immigrant Visa (Permanent Residence )The Ministry of the repairs an annual immigration quota for each state. A foreigner wanting to enter the Kingdom being an immigrant must file an application with the Thai Embassy or Consulate in the state of departure.An application can also be filed with the Immigration Bureau after arrival into Thailand, provided the client holds a visa.<br /><br /> The application form must be accompanied with private information details. The applicant's dependents are also necessary to use for permanent residence and are within the country's quota.Visa approval is dependent upon analysis of the applicant's income, assets, capacity and skills for the desired place and associated social status. A permanent home is released upon approval of the applying. The foreigner must apply for a foreigner certificate at the nearby police station within 1 week of receipt of the permanent residence. Restoration of the permanent residence (blue book) is not required, though the foreigner document (red book) should be replaced each year or every five years.

Personal tools