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Employer law in Thailand, which holds for the city of Pattaya as well, is a vast category that guides the relationships, duties, and rights of the employer and the employee in a workplace. This includes regulations related to contractual agreement, wage and salary, occupational health and safety, termination of employment, and discrimination in the workplace. The primary regulation in Thailand is the Labour Protection Act B.E. 2541 (1998), which has undergone amendments over the years, most recently in 2019, to improve labor rights.
Legal advice might be needed in various situations such as making sense of the employment contract, invoking disciplinary actions against employees, structuring employee benefits as per law, dispute resolution, planning layoffs or dealing with wrong termination claims. Lawyers can also help employers keep up to date with the latest legal amendments and assist them to comply with the regulations to avoid legal trouble.
Thailand's employment laws, applicable to Pattaya as well, are governed by the Labor Protection Act. Notable components of this law are an eight-hour work limit per day or 48 hours per week, the provision of at least one day off per week, and 13 public holiday leaves per year. The law also mandates a 30-day paid sick leave for employees. It's illegal to terminate an employee on account of gender, language, race, nationality, religion, political views, etc. The 2019 amendments improved the severance pay structure and made some changes to the transfer of employment.
1. What are the minimum wage regulations in Pattaya? All regions in Thailand have a minimum daily wage decided by the government. As of now, Pattaya follows the Chonburi province minimum wage.
2. Can employers terminate an employee without reason? While technically it's possible, such termination requires payment of a severance in proportion to the length of service.
3. Is it compulsory to have written employment agreements? While a written agreement is not essential by law, it's highly recommended for clarity of terms for both parties.
4. Are female employees entitled to maternity leave? Yes, they are entitled to 98 days of maternity leave, of which 45 days are paid.
5. How are overtime regulations in Pattaya? Overtime pay must be at least 1.5 times the regular hourly or daily rates on regular working days.
Potential resources for legal advice and guidance include the Department of Labour Protection and Welfare, the Social Security Office. It also worth noting that several Thai law firms and organizations offer free legal advice and consultations.
If you need legal assistance, consider consulting a lawyer specializing in employer law in Thailand. You might want to check his/her expertise, approach, and fees before making a decision. Legal advice can also be obtained from the afore-mentioned governmental bodies and legal organizations.
