Amendment of Labour Protection Act relating to work from home arrangement

Welcome to Wissen & Co Newsletter

In this issue, we provide to our clients, members of Chamber of Commerce, and friends up-to-date information and details regarding the amendment of Labour Protection Act B.E. 2541 (A.D. 1998) (“Act”) relating to work from home arrangement. On 28 December 2022, Thai parliament has passed draft Labour Protection Act (No. 8) BE 2566 (2023) to add rights and criteria relating to the work from home arrangement. The amendment has added Clause 23/1 which specifies that the employer may agree to allow the employee to work remotely from home, instead of at the employer’s establishment.

In brief, the key amendment are as follows:

Section 23/1 allows an employer and employee to be able to agree on the work from home arrangement. If the type or nature of the work permits, an employee is able to perform his/her work at home or at the residence of an employee or from anywhere that an employee can work remotely through information technology. Under this clause, it specifies the duty of an employer, and the rights of an employee which we have summarized below.

Duty of the employer

For the agreement on work from home, the employer is required to make in a written statement, or via electronic means. In addition, such agreement may contain the following details:

starting period and ending period;
normal working day and time, rest period and overtime work;
criteria for overtime work and holiday work as well as types of leaves;
scope of work and control or supervision of the employer; or
responsibility in arranging working tools or equipment as well as necessary expenses relating to work.

Rights of the employee

When normal working time ends or agreed work is finished, the employee has the right to refuse any communication with the employer, supervisor or any superior, unless the employee consents in advance in writing.
The employee who works from home or residence or anywhere through information technology shall have the same rights as the employee who works at the employer’s office or establishment.

The information provided in this newsletter is a summary of the draft laws and regulations. Once it is published, we will inform you accordingly. Please contact our lawyers or e-mail us if you have any further inquiry.

We advise that in order to permit working from home pursuant to the rights and obligations of employer and employee under this new legislation, the current employment contract with employee should be revised and signed by both parties. We will be pleased to assist.

Mr. Wichien Harnpraween
Managing Partner

wichien.h@wissenandco.com
Tel:+662 2592627 thru 9
Fax: +662 2592630

Amendment of Labour Protection Act relating to work from home arrangement

Welcome to Wissen & Co Newsletter

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