Avoid becoming the victim of an unfair employment contract. What should foreigners working in Thailand know?

       When foreign workers want to come to work in Thailand, the essential thing to check is the employment contract, to prevent becoming the victim of an unfair and cruel contract, being unprotected, and being taken advantage of.

To prevent such situations, a prospective employee should look for an employment contract that contains the following details:

1. Must specify the job position and wage rate (must not be lower than the minimum wage rate) and must specify the date of payment of wages, at least once a month. 

2. The duration of employment must clearly state whether it is a 1-year or 2-year contract, and must specify the place of work. 

3. Normal working hours do not exceed 8 hours/day. The work that may be harmful to health and safety must not exceed 7 hours/day. If work exceeds the normal working hours, overtime must be paid, and one working week is no more than 6 days. 

4. Employers must provide employees with a weekly holiday with pay, 1 day per week, as well as the Thai traditional holidays, 13 days per year, also with pay. And when the employee has worked for 1 year, the employer must provide the employee with annual paid leave of not less than 6 working days. 

5. If an employer requires an employee to work beyond normal working hours, the employer must pay overtime at a rate of not less than 1.5 times the normal hourly wages.  If an employer requires an employee to work on holidays, the employer must pay holiday pay at a rate of not less than 2 times the normal hourly wages. 

       There are also food, accommodation, medical expenses and travel expenses that the employer and employee must agree on. As for the regulations, employees must obey and comply with the regulations of the employer's company, which are established under the conditions of the law and respect Thai customs and traditions.  

       Foreign employees should not work for other companies and must not take any action in the form of a demonstration or a gathering to commit illegal acts. As for the termination of the contract, the employer must notify the employee one month in advance or pay one month's wages instead of giving the employee notice, or in accordance with Thai labor law. Plus, the employer must pay for the return trip to the country of the employee. If the employee wishes to terminate the contract, the employee must notify the employer one month in advance and must pay for the return trip themselves. 

       However, if there is a natural disaster, rioting, armed conflicts, or war, and if the circumstances do not allow the work to continue, the employer must evacuate the employee to a safe place and send the employee back to their home country at the full expense of the employer.

Source : Immigration Bureau
Tel : +66 2-572-8500