The agreement must be in writing, whether physical or electronic, and contain specifics such as the period of the agreement, working hours, rest periods, overtime work and holiday work criteria, leave types, work scope, and employer control and supervision. HR Policy Global. However, the intention of the amendment is that the employer Will there be exceptions for certain types of work, such as construction, factory operations, cleaning services, restaurants and hospitality services? How should employers monitor overtime work? The rates are graduated, ranging from 0% for those earning less than 150,000 baht to 35% for those earning more than 5,000,001 baht. Southeast Asia has experienced a significant increase in foreign investment, which has not only brought innovation but also raised questions about protecting such innovation. 2566 (2023)which amends the country's Labour Protection Act (LPA) to reflect current circumstances. It has been almost one year since "Work from Home Bill" was proposed to the parliament. Officially, the Work from Home (WFH) Bill is an amendment to the Labor Protection Act B.E. In addition to offering greater legal certainty, the WFH Bill is an impetus for employers in Thailand to create remote work policies. How do I get a long term residence visa for Thailand? Like in other countries worldwide, working from home became increasingly popular in Thailand since the COVID-19 pandemic, necessitating policymakers, employers, and workers to adapt accordingly. Recent unfair dismissal case shines light on requirements for 'genuine redundancy', The sexual harassment framework: Your guide to recent reforms, Thailand Passes New Labor Law On Work-from-Home Arrangements, Official Explanatory Note To The Newly Introduced Remote Work Regulations And The Right To Disconnect (Thailand), Employer's Role During The Covid-19 Outbreak, Thailand's Work-from-Home Legislation To Take Effect, Terminating Employment For Poor Work Performance, The Dangers Of Employee Recruitment On Autopilot: AI And Discriminatory Hiring Decisions, Hot Topics in International Arbitration Practice & Procedure in the MENA Region, Disputes Over Assets Between Family Members, Mondaq Ltd 1994 - 2023. Have you implemented all necessary changes, including updates to policies, procedures and employment contracts? quality of life for employees in Thailand. The deregistration application consists of evidence of the lease termination, a deregistration power of attorney (DPOA), the applicants certificate of incorporation, and the aircrafts certificate of airworthiness and Certificate of Registration. Work permits in Thailand, Ultimate guide - Belaws Legal Thailand was no different and employers were asked to allow their employees to work-from-home in order to prevent infections spreading in the workplace. that the bill will attract heated debate in the second and third The amendment to the Labor Protection Act B.E. not have to agree and thus there is no need to add this text to the We use cookies on our site to enhance your viewing experience and we don't share this information. Thailand has adopted a so-called Work from Home Bill, the countrys first legislation governing remote work relationships between employers and employees. Work From Home Bill - Labor Protection Act (No. Now, the Labour Protection Act (No. However, an employee may give their employer consent in writing to be contacted at such times. Thailands new WFH Bill does not significantly alter the conditions of WFH labor arrangements but does provide a useful framework to add greater clarity to the rights of remote workers. flexible employment arrangements and solutions for employers and 2566 (2023)which amends the country's Labour Protection Act (LPA) to reflect current circumstances. In particular, the amendment adds Section 23/1 to the Act, providing a clear regulatory framework for employers and employees who engage in remote work relationships, outlining their respective rights and obligations. Interestingly, the memorandum also indicates that the bill further aims to solve the notorious traffic congestion in Bangkok and other cities and reduce energy consumption. The court will impose penalties when employers demonstrate blatant disregard for their legal obligations to their employees. Under Reg. 2541, Competition / Anti-Trust / Anti-Monopolies, Infrastructure and Privatization Projects, Mergers & Acquisitions, Take-Overs and Joint Venture. Essentially, the LTR visa will be available to the following groups: To our newsletter for all the latest legal news Read the original article here at Thailand Business News, Copyrights 2023 Thailiving Law. high-potential expats. the country's Labour Protection Act (LPA) to reflect current 2541, a critical labor law in the country. Thailand has passed the Work from Home Bill, which is the country's first piece of legislation governing remote work relationships between employers and employees. The accompanying legislative remark states that the proposed amendments to the LPA will provide additional options for work arrangements between employers and employees, upgrade the level of labor protection, increase work stability, and improve quality of life for employees in Thailand. This legislative trend started in 2022 with Louisiana's Act 440, which requires websites containing more than 33.3 percent "material harmful to minors" to engage in age verification processes for . For instance, Indonesia, Myanmar, Thailand, and Vietnam explicitly exclude computer programs from patentable subject matter. Moreover, in Indonesia, a computer program can be eligible for patent protection if its characteristics (i.e., instructions) have a technical effect and serve to address a tangible or intangible problem. 2541 adds a new Section 23/1 that sets out the labor rights of remote workers. Such an agreement may be made for the benefit of employers (e.g. The regulation will significantly impact the labor landscape in Thailand, offering flexibility and added benefits to both employers and employees. Employers can allow employees to work outside the business premises using information technology, such as computers and smartphones. The amended LPA will come into force 30 days after the publication date (i.e., 18 April 2023). The phrase may agree suggests that the employer does not have to agree and thus there is no need to add this text to the LPA. 2541, one of Thailand's central labor laws. BANGKOK, 26 August 2020 - Some 20% of Thai corporations have permanently shifted to working from home to curb the spread of COVID-19, keep employees safe and save costs, PwC Thailand says. According to the amendment, an employer and employee can reach an agreement on home and remote working in the employment contract or in the form of electronic information where it can be accessed and utilized without changing the meaning. Another new addition is the introduction of Thailands first right-to-disconnect policy. ASEAN Briefing is produced by Dezan Shira & Associates. pandemic restrictions). Part I of the guide offers a comprehensive thematic overview to provide readers with a clear understanding of the intricacies involved in the arbitration process. What are the benefits of the Thailand LTR Visa? The Thai parliament has passed the so-called Work from Home Bill formally known as Labour Protection Act (No. Thailand income tax for digital nomads and remote workers The court will impose penalties when employers demonstrate blatant disregard for their legal obligations to their employees. of questions for employers on how to put this into practice. This agreement may contain elements that are similar to typical labor agreements, but specific to the conditions of remote work. China, Japan & Asia-Pacific, Executive Director, Asia-Pacific, Many observers expect Pursuant to Clause 12 of the Civil Aviation Authority of Thailand (CAAT) Regulation No. Such a policy may include requirements not stipulated by the WFH Bill, like cybersecurity policies. Efficiency and predictability in the global supply chain are critical for business operations. The amendment provides a . Key points Work permits are a mandatory requirement for any foreigner working for the Thai company or intending to work in Thailand. Now, however, we are in a different phase of the pandemic, and most employers have scrapped the work-from-home protocols. Employers, meanwhile, may enjoy lower office space and utility costs and often benefit from stronger levels of employee productivity. Book Recommendations from Elon Musk, Jeff Bezos, Bill Gates - Entrepreneur Thailand has made an amendment to the Labor Protection Act to offer the same labor rights to remote workers. Officially, the Work from Home (WFH) Bill is an amendment to the Labor Protection Act B.E. bill further aims to solve the notorious traffic congestion in Recently, particular interest has been shown in innovations related to artificial intelligence (AI) technology and software. This approach could overcome rejections based on subject matter during substantive examination. Many parties, including the Department of Labour Protection and The legislation is now awaiting royal endorsement and is Companies that embrace remote work also have advantages in recruitment and retention. Officially, the Work from Home (WFH) Bill is an amendment to the Labor Protection Act B.E. agree to allow an employee to work remotely. However, the pandemic has settled down and most employers have now scrapped their work-from-home policies. How can employers manage occupational safety. Examples include, the Thailand Elite visa, education visa, retirement visa etc. Our free webinars are packed full of useful information for doing business in ASEAN. Another important Thailand updates on Work From Home Bill: New Labour Protection Act (No.8) B.E. Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. Duties by the employer to provide work equipment and tools as well as payments for necessary work expenses. All rights reserved. The law changes some parts of the Labour Protection Act (No. As such, if an employer and an employee agree to a remote work agreement, the employee cannot be punished for working from home. Thailand Passes New Labor Law on Work-from-Home Arrangements. hours. The amendment offers a regulatory framework that clarifies the rights and obligations of both employers and employees engaged in remote work relationships. New Retirement Regime for Thai Private Sector Employees The Work from Home (WFH) Bill. Examples include, monthly/yearly financial and insurance requirements. Student loan forgiveness: Biden has already canceled $66 billion | CNN The content of this article is intended to provide a general Janet Mills (D) signed a bill into law Monday that will eliminate penalties for those who sell sex while leaving in place laws against the purchase of it. through the second reading in the parliament. to on-premise employees. Customs Board of Appeals Once an official assessment is made, an importer has the right to seek a formal appeal of the customs assessment with the Customs Board of Appeals or to otherwise make payment of the full assessment within 30 days of the date it received the assessment. Not so fast. The content of this article is intended to provide a general 2560, Terminating Employment For Poor Work Performance, The Dangers Of Employee Recruitment On Autopilot: AI And Discriminatory Hiring Decisions, Hot Topics in International Arbitration Practice & Procedure in the MENA Region, Disputes Over Assets Between Family Members, Mondaq Ltd 1994 - 2023. If an employer and employee agree, they should specify the terms of remote work in a written format. guide to the subject matter. 23, a lessor can submit a deregistration application to CAAT asking CAAT to deregister. Thailand Considers New Labor Law on Work-from-Home Arrangements More Thai companies are likely to outsource or hire highly skilled contingent workers, including freelancers for non-permanent roles if the pandemic . The term, may agree is currently causing problems among Thailands law makers. Furthermore, these amendments to the LPA seem to be a way for the government to tackle Bangkoks ever increasing traffic congestion and also reduce energy consumption. Issues of Patentability The patentability of computer software has long been a topic of discussion, predating the emergence of AI tools. public hearing on the bill, several parties voiced the concern saving on commuting time), or out of necessity (e.g. whether employers must allow employees to work remotely. 8) B.E. The agreement under paragraph one shall be made by the employer in writing or in electronic data format which can be accessible and recoverable without a change in meaning, whereby it may be agreed that the following details be included: When the normal work time ends as agreed upon by the employer and the employee or the work ends according to that assigned by the employer, the employee is entitled to deny making contacts by whatever means with the employer, the supervisor, the overseer, or the work inspector, except where the employee has given consent thereto, which must be made in writing in advance. A work permit is required to work remotely in Thailand in most cases, but there are exceptions. If you will use and declare your monthly income for this marriage visa application, you will not be obliged to pay taxes as you have earned this income from outside Thailand. an employer and an employee may agree in the employment This decision was a timely reminder of requirements to be followed when terminating an employee by way of redundancy. The accompanying legislative remark states that the proposed amendments to the LPA will provide additional options for work arrangements between employers and employees . The country has implemented a, Thailand is not a signatory to the Cape Town Convention. Thailand's New Work-from-Home Law - HRSINGAPORE proposed amendments to the LPA will provide additional options for Normal working hours, rest periods, and overtime work; Criteria for overtime work, holiday work, and various types of Specialist advice should be sought . Thailand has made an amendment to the Labor Protection Act to offer the same labor rights to remote workers. Please note that this #Ebook does not constitute legal advice and should only be used for informative purposes only. Without having a work permit, you cannot work legally in Thailand. Responsibility for arranging supplies and equipment, including necessary costs relating to the work. Officially, the Work from Home (WFH) Bill is an amendment to the Labor Protection Act B.E. Currently, the bill introduces a new subsection to the LPA. These work-from-home measures proved to be hugely popular and have subsequently become the norm for employees. Recent unfair dismissal case shines light on requirements for 'genuine redundancy', The sexual harassment framework: Your guide to recent reforms, Official Explanatory Note To The Newly Introduced Remote Work Regulations And The Right To Disconnect (Thailand), Thailand's Work-from-Home Legislation To Take Effect, Thailand Considers New Labor Law On Work-from-Home Arrangements, Work Permit Extension Under The Emergency Decree On Foreign Employment Management B.E. Working from home subsequently became the norm for employees throughout the country. The amendment offers a regulatory framework that clarifies the rights and obligations of both employers and employees engaged in remote work relationships. guide to the subject matter. At the height of the pandemic, employees often worked from home for extended periods to curb the spread of the virus. Can employees bring office equipment and supplies home? For example: The bill is under consideration by a subcommittee before going through the second reading in the parliament. LPA stating that "The employer and the employee may agree in The Midwest as a whole has also struggled to attract new residents and hold onto its existing residents in recent years. Thailiving Law Thailand Adopts Work From Home Bill BANGKOK (NNT) - The Securities and Exchange Commission (SEC) has authorized its first e-license application through Biz Portal, enabling securities firms to submit an online request for an operating license. Responsibility for arranging supplies and equipment, including POPULAR ARTICLES ON: Employment and HR from Thailand. Air Force 1 x Tiffany & Co. Air Force 1 1982 . This new law will start on April 18, 2023. However, Thai law does allow for lessors to obtain aircraft deregisteration without the need to go to court. We need this to enable us to match you with other users from the same organisation. How long can foreigners live in Thailand? 8) B.E. expected to be enacted very soon. refuse contact from the employer or the supervisor beyond working saving rent on office space), work-life balance for employees (e.g. Interestingly, the memorandum also indicates that the Thailand Adopts Digital Nomads Into Its Labour Code - CTN News By continuing your visit, you are accepting the use of cookies. Assists employers to discharge their duty and meet their obligations under the sexual harassment framework. Working from home subsequently became the norm for Are you ready for the June Workplace Relations reforms? Part II then explores the specifics of challenging and enforcing arbitration awards in 29 different jurisdictions. and are to be counted as the employee's normal working 2541, one of Thailands central labor laws. Tab will move on to the next part of the site rather than go through menu items. As of October 2022, state employees have the option to work remotely, joining the ranks of many private sector employees working remotely. 2566 (2023)which amends the country's Labour Protection Act (LPA) to. NJ goes after NY for taxing residents who work at home - Bergen Record Applicant must also satisfy the application criteria as well. By using our website you agree to our use of cookies as set out in our Privacy Policy. Subscribe to receive weekly ASEAN Briefing news updates, Thailand Adopts Work from Home Bill (aseanbriefing.com). necessary costs relating to the work. Like in other countries worldwide, working from home became increasingly popular in Thailand since the COVID-19 pandemic, necessitating policymakers, employers, and workers to adapt accordingly. Remote Work: What about and Challenging Thailand| Tax& Legal | November 2020 Remote Work: What about and Challenging Tax and Legal Alert Remote work and challenges COVID-19 pandemic continues to have a significant health and economic impact and has posed challenges to many things, among these is where and how people will work. Get notified of the best articles of the week. about the ambiguity of the term "may agree." In addition, employers must treat remote employees equally the workplace. In its current draft, the bill adds a single subsection to the LPA stating that The employer and the employee may agree in the employment contract that the employee is allowed to bring work . All Rights Reserved. employee." This amendment is being designed to provide more flexibility for both employees and employers, while also helping Thailands notorious traffic congestion. employees throughout the country. 2541, one of Thailands central labor laws. Taxable Income (baht) +Tax (%) 0 - 150,000 - Exempted. Another important aspect of the amendment is that there is no criminal punishment attached to it, which suggests that the legislation promotes remote work rather than penalizing any wrongdoing. Thailands new WFH Bill does not significantly alter the conditions of WFH labor arrangements but does provide a useful framework to add greater clarity to the rights of remote workers. A bill that could give New Jersey residents a credit for income taxes paid to other states is on its way to Gov. level of labor protection, increase work stability, and improve . may agree suggests that employers do not have to All Rights Reserved. Thailand is a popular destination for those seeking to work remotely, and this is due to the fact that the country offers many benefits for those who wish to work remotely. However, this may be about to change as the Thai parliament has recently passed the first reading of the so-called Work from Home Bill. The most notable question surrounding this legislation is This means that upon an airline-lessees default, a lessor cannot present an Irrevocable Deregistration and Export Authorization (IDERA) document to easily repossess an aircraft. Furthermore, the bill also requires employers to treat on-premises and remote employees equally. Officially, the Work from Home (WFH) Bill is an amendment to the Labor Protection Act B.E. Today the public health department has reported another 2,927 new Covid infections and 18 . Thailand updates on Work From Home Bill: New Labour Protection Act (No.8) B.E. The legislation, which already passed the Assembly, was . Thai government asks private companies to allow staff to work from home Please do not include any confidential information in this message. The Biden administration has already canceled a record $66 billion in student loan debt for nearly 2.2 million borrowers. Thailand is considering a new Work-from-Home law It has been almost one year since Work from Home Bill was proposed to the parliament. By using our website you agree to our use of cookies as set out in our Privacy Policy. Thailand has adopted a so-called Work from Home Bill, the country's first legislation governing remote work relationships between employers and employees. For example, in late January 2023, the Bangkok municipal government urged people to work from home amid high levels of air pollution. readings before going to the Senate. There are however, application requirements that must be satisfied before applying. to perform at home or at residence of the Youll only need to do it once, and readership information is just for authors and is never sold to third parties. electricity used to perform work? Under the amendment, remote employees can refuse contact from their employers or supervisors beyond working hours, unless they gave prior written consent. To print this article, all you need is to be registered or login on Mondaq.com. The main goal of this new law is to improve the protection of employees and match international standards. This visa will be available from September 2022. Mondaq uses cookies on this website. The amendment was intended to be binding upon the employer, who in turn must agree if the employee wishes to work from home. . pandemic restrictions). Thailand Adopts Work from Home Bill - Thailand Business News example: The bill is under consideration by a subcommittee before going about your specific circumstances. reading of the so-called Work from Home Bill, which seeks to amend The LTR visa has been designed for those who have enough work experience, income, and assets i.e. Are the working hours flexible at Toyota? This site uses Akismet to reduce spam. An investor who wants to invest at least $500,000 USD in Thailand, A retiree who wants to get a 10-year visa, A professional worker who wants to get a 10-year visa. Besides COVID-19, the government periodically encourages businesses to allow employees to work from home to ease traffic congestion or reduce exposure to pollution. The amendment offers a regulatory framework that clarifies the rights and obligations of both employers and employees engaged in remote work relationships. View jobs About Toyota Work from home at Toyota Can you work from home at Toyota? The HR Manager was held personally liable for direct involvement in the Employer's adverse action against an employee. $184,000 fine for employer who failed to pay entitlements on termination, HR Manager held liable and fined for breach of the Fair Work Act. 2566 (2023)which amends the country's Labour Protection Act (LPA) to reflect current circumstances. Small porn producers will be hurt most by new age verification laws Do employers have to pay for employees internet and electricity used to perform work? Youll only need to do it once, and readership information is just for authors and is never sold to third parties. The new Labor Protection Act (No. The amendment states that any work-from-home arrangement must be at least eight hours per week and must be counted as the employees normal working time. We are open: If CAAT concludes that the lease has been validly terminated and the lessee no longer has possessory rights, CAAT will deregister the aircraft. 1992-2023 Dezan Shira & Associates All Rights Reserved. An income affidavit from your embassy . All Rights Reserved. According to the new section, employers may agree to allow the employee to perform work outside of business premises remotely using information technology, such as computers and smartphones.
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