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Phuket: How employees get a say in their company

Phuket: How employees get a say in their company

In our most recent article, we described the “Work Rules” an employer is required to provide and pointed out that this requirement is triggered when the employer’s total number of employees reaches 10 or more.


By Jerrold Kippen

Thursday 18 September 2014, 11:55AM


LABOUR LAW SECRETS PART V

But that is not the only legal obligation triggered by the size of an employer’s work force. Once an employer or company employs 50 or more people, an “Employees Committee” must be established.

Employees Committee members are entitled to hold their position for a term of three years. The minimum required number of members of the Employees Committee depends on the total number of the employees (see table).

Employers must arrange for a meeting with the Employees Committee at least once every three months, or when more than half of the Employees Committee members request a meeting, or whenever otherwise “appropriately requested,” in order to:

  • provide welfare for an employee or employees;

  • hold discussions regarding any Work Rule or Rules;

    Dive Supply Co., Ltd.
  • Consider employee complaints; or

  • Reach a compromise in a dispute.

Significantly, if any action of the employer is perceived to be to be unfair to an employee, the Employees Committee has the right to file a claim in the Labor Court on behalf of the employee.

Note: any employer who violates or fails to comply with the LPA may be punished according to the level of his or her offence with a fine of Thai Baht 5,000 to Thai Baht 200,000, or imprisonment of up to one year, or both.


Duensing Kippen is a multi-service boutique domestic and cross-border law firm specializing in real estate, construction, hospitality and corporate/commercial transactional matters as well as dispute resolution through negotiated settlement, arbitration and litigation proceedings. It is also the only firm in Thailand whose attorneys include three internationally licensed arbitrators/Members of the Chartered Institute of Arbitrators (MCIArb). Duensing Kippen is also the only firm in Thailand that compliments real estate, construction, hospitality, and corporate/commercial legal expertise with a core tax law practice. Duensing Kippen can be reached at: phuket@duensingkippen.com or for more information visit duensingkippen.com

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