Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Labour and Employment
1.
Legal framework
1.1
Are there statutory sources of labour and employment law?
 
Thailand
The main statutes relating to labour and employment in Thailand are as follows:

  • the Civil Commercial Code;
  • the Labour Protection Act 1998;
  • the Occupational Safety, Health and Environment Act 2011;
  • the Labour Relations Act 1975;
  • the Act on Establishment of the Labour Court and Labour Dispute Procedure 1979;
  • the Social Security Act 1990;
  • the Workmen Compensation Act 1994;
  • the Provident Fund Act 1987;
  • the Skill Development Promotion Act 2002; and
  • the Emergency Decree on Managing the Work of Aliens 2017.
For more information about this answer please contact: Wayu Suthisarnsuntorn from Pisut & Partners
1.2
Is there a contractual system that operates in parallel, or in addition to, the statutory sources?
 
Thailand
Written employment contracts are not statutorily required under Thai labour law, except in a few industries such as fisheries. The parties are generally free to include in the employment contract other issues in addition to those covered by the statutes, such as confidentiality, non-competition, non-solicitation and other post-employment obligations. However, the parties cannot contract out basic rights of employees which are protected under the laws.

For more information about this answer please contact: Wayu Suthisarnsuntorn from Pisut & Partners
1.3
Are employment contracts commonly used at all levels? If so, what types of contracts are used and how are they created? Must they be in writing must they include specific information? Are implied clauses allowed?
 
Thailand
Thai labour laws generally recognise oral employment contracts. Written employment contracts are commonly used in medium and large organisations, but employees of small businesses usually do not have a written employment contract. Employees in agricultural sectors and rural areas also usually do not have a written employment contract.

It is common practice for employers to create their own employment contract templates. The employer will decide what specific information to include in the contract, but the most important issues – such as the details of the parties, basic salary and job title – are usually included. Implied clauses are allowed.

For more information about this answer please contact: Wayu Suthisarnsuntorn from Pisut & Partners