Answer ... 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.
Answer ... 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.
Answer ... 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.