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Employee Welfare Fund in Thailand

ไม่มีหมวดหมู่ November 8, 2017

For companies with at least 10 employees that do not have a provident fund, an Employee welfare fund will be established to compensate the employees who resign, are laid off, or die in service. Both employers and employees will be required to contribute to this fund.

In addition to these provisions, there are restrictions on the kind of work that women and children can perform. Guidelines are set for wages and overtime, as well as resolution of labor-management disputes. The employers are required to pay worker compensation if an employee suffers injury, sickness or death in the course of work. Thai law also requires employers to provide welfare facilities, including medical and sanitary facilities.

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working hour in Thailand

ไม่มีหมวดหมู่ November 8, 2017

The maximum number of hours for non-hazardous work is 8 hours a day, but not exceeding 48 hours per week. Where the working hours of any day are less than 8 hours, the employer and employee may agree to make up the remaining working hours in other normal working days, but not exceed 9 hours per day and the total wrking hours per week shall not exceed 48 hours. In some types of work as stipulated by law, the employer and the employee may agree to arrange the period of wroking hours, but it still must not exceed 48 hours a week. Hazardous work may not exceed 7 hours a day, or 42 hours per week. The employees are entitled to no fewer than 13  national holidays per year, as well as minimum of 6 days of annual vacation after working consecutively for 1 dull year. The employees have the choice of whether they wish to work overtime or on holidays. A female employee is entitled to maternity leave for a period of 90 days including holidays, but paid leave shall not exceed 45 days.

All employees are entitled to a daily rest period of at least 1 hour after working 5 consecutive hours. The employer and the employee may arrange the daily rest period to be shorter than 1 hour at each time, but it must not be less than 1 hour a day in total. A weekly holiday of at least 1 day per week at intervals of a six-day period must be arranged by the employer.

For work performed in excess of the maximum number or working hours fixed either by law or by specific agreement (if the latter is lower), the employees must be paid overtime compensation. The rates for overtime vary and range from 1-1/2 time to 3 times the normal hourly wage rate for the actual overtime worked. The maximum number of overtime working hours is limited to not more than 36 hours a week.

The minimum age for employment is 15 years, and the works below the age of 18 are banned from dangerous and hazardous jobs. They are also prohibited from working overtime, on holidays, or between the hours of 10 p.m. and 6 a.m. A pregnant employee is also prohibited from working overtime, on holidays, or between the hours of 10 p.m. and 6 a.m. However, if she works in an executive position, or performs academic, administrative, and/ or work relating to finance or accounts, the employer may assign her to work overtime on a working day with her consent insofar as it does not effect the health of the pregnant employee.

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Land Ownership

ไม่มีหมวดหมู่ November 8, 2017

In general, non-Thai business and citizens are not permitted to own land in Thailand unless the land is on government-approved industrial estates However, companies that are more than 50% Thai-owned may legally own land An exception to the rule relates to projects approved by the Board of Investment. A promoted company with 50% or more of the shares held by foreigner may apply for the land ownership by submitting the appropriate form to the office of Board of Investment (OBOI). Once the land acquisition is approved, the OBOI will send a letter of approval to the applicant and will notify the Department of Land or the provincial governor.

In addition to projects approved by the Board of Investment, petroleum concessionaires may own land necessary for their activities.

Under the 1999 amendment to the Land Code, foreigners who invest a minimum of Baht 40 million are permitted to buy up to 1,600 square meters of land for residential use, with the permission of the Ministry of Interior. An investor has to maintain the investment more than 5 years.

Foreigners are also permitted to own buildings on land that is leased, because there are no restrictions on building ownership. Foreigner can, thus, lease land and build on it and are permitted to own the structure.

Foreign individuals and foreign companies are allowed to hold title to condominium units in building that qualify. The rule is that foreigner may own no more than 49% of the total units in the building at any one time. If the proposed transfer would cause the building to exceed 49% foreign ownership it would violate the above rule, and the official would reject the transfer.

Although Thailand does not yet have a requirement for an escrow account to protect the interests of the purchaser of properties, an escrow account may be voluntarily entered into by the contracting parties under the Escrow Act of May 21, 2008. Only commercial banks and finance companies under the law governing financial institutional business, and banks established under a specific law may operate as escrow agents. By placing the agreement deposits into escrow accounts, the purchaser can decrease risks. A new condominium Act significantly protects the interest of the buyers.

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  • Employee Welfare Fund in Thailand

    by on November 8, 2017 - 0 Comments

    For companies with at least 10 employees that do not have a provident fund, an Employee welfare fund will be established to compensate the employees who resign, are laid off, or die in service. Both employers and employees will be required to contribute to this fund. In addition to these provisions, there are restrictions on […]

  • Land Ownership

    by on November 8, 2017 - 0 Comments

    In general, non-Thai business and citizens are not permitted to own land in Thailand unless the land is on government-approved industrial estates However, companies that are more than 50% Thai-owned may legally own land An exception to the rule relates to projects approved by the Board of Investment. A promoted company with 50% or more […]

  • working hour in Thailand

    by on November 8, 2017 - 0 Comments

    The maximum number of hours for non-hazardous work is 8 hours a day, but not exceeding 48 hours per week. Where the working hours of any day are less than 8 hours, the employer and employee may agree to make up the remaining working hours in other normal working days, but not exceed 9 hours […]