Amendments to the Thai Labour Law relating to Work-From-Home

Amendments to the Thai Labour Law relating to Work-From-Home

The Labour Protection Act (No. 8) B.E. 2566 (2023) (the “Amendment”) was published in the Government Gazette on 19 March 2023 and has become effective from 20 April 2023 being the lapse of 30-day grace period.

 

The Amendment amends certain provisions of the Labour Protection Act B.E. 2541 (1998) (the “LPA”) in Section 23/1 which aim to allow the employee’s working from home and set out certain statutory requirements, rights and obligations of employer and employee in connection with the engagement in working from home relationships.

 

We have set out in this Memorandum a summary of the Amendment as follows:

 

Work from home arrangement

 

 

 

 • Before the Amendment, the LPA is silent on the work from home arrangement.  The Amendment now allows the employer and employee to agree that the employee may work outside a normal workplace or work remotely though using information technology for the benefits of the business of the employer and promotion of quality of life and working of the employees.

 

• Please be noted that the Amendment do not mandate employer to allow employee to work from home but the employer and the employee must enter into the mutual agreement to such working from home arrangement.

 
Form of work from home agreement

 

 • The Amendment requires that the agreement between employer and employee that must be made in written form, whether in physically or electronically.

• The agreement may contain the following details:

 

  1. Period of agreement;
  2. Normal working days and hours, rest period, overtime work;
  3. Criteria for overtime work, work on holidays and rules for taking leave;
  4. Scope of work, controlling and supervising power of employer; and
  5. Responsibility for arranging work equipment or tools including necessary costs arising from work.
Employee’s right on rejecting connection or communication over the normal working days and hours

 

 • The Amendment provides the right for employee to reject any connections or communications from an employer, chief, supervisor, work inspector after the working hours unless the employee’s prior consent in written is obtained.

 
Work-from-home employees’ anti-discrimination

 

 • The work-from-home employees must be treated equally and shall receive the same benefits and welfares as normal employees working at the employer’s workplace.

 

You may consider updating your work rules or employment contract to allow the work-from-home arrangement and include certain relevant conditions and requirements. We would be happy to assist you with the same.  Should you have any query in respect of the above, please feel free to contact us.

 

Timblick & Partners Ltd.

By: Sira Panichkul/Pitchaya Kaewpanna

Date: 15 June 2023