May 2, 2024
As widely known, May 1st is designated as "International Workers' Day," a national holiday in over 80 countries around the world. In other words, it is a holiday shared by working people worldwide. So, would it violate the "Thailand Labour Protection Act" if an employer requires employees to work on Labour Day? Additionally, what labour regulations should employers pay attention to, and what rights do employees enjoy under labour law?
Firstly, labour laws apply to individuals defined by legal contracts, specifically excluding state agencies, governments, and state-owned enterprises. Therefore, the term "employer" refers to private enterprises and foreign-owned businesses.
So, can employers require employees to work on Labour Day? According to Article 56 of the Labour Protection Act, employers must provide paid leave under the following circumstances: weekly rest days (except for daily or hourly wage earners or performance-based pay employees), public holidays, and annual leave. However, for certain types of businesses that require continuous operation to avoid negative impacts, such as hotels, restaurants, hospitals, factories, and logistics, employers under Article 29 of the Labour Protection Act, can negotiate with employees regarding rescheduling or compensating with holiday pay.
Moreover, according to Article 62 of the Labour Protection Act, if an employer requires employees to work on holidays (including weekends, public holidays, and annual leaves), the employer must pay the following wages: 1) for employees entitled to paid leave, no less than 1 times the basic wage; 2) for employees not entitled to paid leave, no less than 2 times the basic wage. Furthermore, if employees work overtime on holidays such as Labour Day, Article 63 of the Labour Protection Act specifies that employers must pay no less than 3 times the basic hourly wage.
Regarding monthly salary calculations, Article 68 of the Labour Protection Act stipulates that the monthly salary is calculated based on 30 days. The hourly wage for working days is calculated by dividing the monthly salary by 30 and then by the number of daily working hours. Despite months having 31 days or 28-29 days, companies must adhere to Thailand's labour laws, calculating employees' holiday pay and overtime based on 30 days.
In summary, in Thailand, employers can require employees to work on Labour Day but must provide corresponding compensation according to labour laws. The regulations concerning employees' work hours, workdays, overtime pay, and holiday work compensation under Thailand's labour laws reflect their seriousness and the country's commitment to valuing employees. Employers who violate these laws may face legal consequences.
