The
payment of compensation benefits must be made in accordance
with the criteria and rates prescribed by law depending
on the seriousness of the case. In general, the compensation
amount must be paid monthly at the rate of 60 percent
of the monthly wages of the employee but not lower than
2,000 Baht and not exceeding 9,000 Baht a month.
Actual
and necessary medical expenses must be paid, but not
exceeding 35,000 Baht for normal cases and 50,000 Baht
for serious injuries.
The
work rehabilitation expenses must be paid as necessary,
according to the criteria procedures and rates prescribed
by law, but not exceeding 20,000 Baht.
In
the case of death, funeral expenses must be paid at
a minimum amount equal to 100 times of the minimum daily
wage rate prescribed by law.
Minimum
Wages
These regulations apply to all businesses and rates
depend on the location of the workplace. The minimum
wage per day effective January 1, 1998 is:
::
162 Baht for Bangkok, Nakhon Pathom, Nontaburi, Pathum
Thani, Phuket, Samut Prakan and Samut Sakhon;
::
140 Baht for Chonburi, Chiang Mai, Nakhon Ratchasima,
Phang-nga and Ranong;
::
130
Baht for all other areas.
Social
Security
The Social Security Act requires that all employers
with 10 or more employees withhold Social Security contributions
from the monthly wages of each employee.
The
maximum monthly wage base which the rates are applied
to must not exceed 15,000 Baht. The employer is required
to match the contribution from the employee. Both contributions
must be remitted to the Social Security Office within
the 15th day of the following month.
Employees
with Social Security registration may file claims for
compensation in case of injury or illness, disability
or death, which is not due to the performance of their
work, and for cases of child delivery, child welfare,
old age pension and unemployment.
Legal
Implications of Labour Management
In general, Thai labour laws provide for considerable
freedom in managing labour. In many countries, it is
not legal to discriminate on the basis of age or sex.
Perusal of personnel ads in Thai newspapers finds employers
narrowly defining their needs, for example: "The
successful candidate will be male, under 35 years of
age, not a member of a labour union, and at least 150
cm in height, etc."
Furthermore,
the government doesn't interfere with a company's retrenchment
policy when economic conditions necessitate cutbacks.
There is no "first in, last out" requirement
in Thailand.
Similarly,
Thai employers have the right to transfer employees
to other work locations, provided the transfer is not
ordered with the exclusive intent to create hardship
on the employee. Refusal to transfer is a legal cause
for dismissal of the employee.
Employee
Records
An employer with 10 or more regular employees is required
to establish written rules and regulations governing
work performance in Thai language. The regulations must
be displayed on the work premises within 15 days of
the date on which the number of employees has reached
10 or more.
An
employer with 10 or more regular employees is also required
to maintain an employee register in Thai language with
documents pertaining to the payment of wages, overtime,
holiday work, etc.
