Yes, the Labor Act prescribes quite a number of offences with penalty of both fine and imprisonment. The heaviest penalty is imprisonment term of one year and the highest fine is 200,000 Baht. Let me elaborate them as follows:
1. Any employer who fails to announce the regular working hours or announces working hours
2. The following offences are punishable with a fine not exceeding 10,000 Baht.
2.1 Any employer fails to permit a child employee to take leave for participating in a seminar or permits him or her to join such a seminar but fails to pay wages for such participating time;
2.2 Paying wages outside the employee’s work place;
2.3 Failing to notify the employees or the labor inspector of the halt of business;
2.4 failing to put up a notice of minimum wages;
2.5 Failing to put up a notice of amendment of work regulation;
2.6 Suspending an employee from work without paying him or her wages.
3. Any employer committing the following offences may be fined not more than 20,000 Baht, namely:
3.1 Treating male and female employees unequally;
3.2 Offending against a child or female employee. However the employer committing the offence may also be guilty under the Penal Code which imposes heavier punishment.
3.3 arranging working break differently from that allowed by law;
3.4 Arranging weekly holidays contrary to law;
3.5 Announcing traditional holidays in contradiction with law;
3.6 Prescribing vacation leave in contradiction with Law;
3.7 Failing to notify the authority of employment or of termination of employment or failing to keep the record of employment;
3.8 Fixing the rate of employment of female employees different from that of male employees;
3.9 Payment of wages in any other currency than Thai;
3.10 Failing to pay wages for eligible holiday;
3.11 Failing to pay wages for sick leave days or for sterilization leave days;
3.12 Failing to pay wages for the duration of leave for military services;
3.13 Failing to pay wages for the duration of leave for delivery of a child;
3.14 Failing to pay wages for the over – time work of an employee or holiday work or for over – time holiday work or paying it in contradiction with law;
3.15 Failing to pay the expenses for a traveling employee;
3.16 Failing to pay special severance money to any employee in case of winding up business;
3.17 Failing to make a written consent required by law making it in contradiction with law;
3.18 Failing to put up a notice of welfare arrangement;
3.19 Failing to pay any employee the wages for the duration of haling the use of machine or its accessories;
3.20 Failing to proscribe the rules of employees’ work;
3.21 Failing to keep employees’ records;
3.22 Failing to keep employees’ pay record;
3.23 Failing to keep the employees’ records or pay records during the period of time prescribed by law;
3.24 Failing to pay any employee during the time of his or her suspension of work;
3.25 Removing the work place or terminating the employment without giving notice according to law;
3.26 Failing to explain to the labor inspectors, or failing to submit the things or documents required by the labor inspector, or failing to comply with a lawful order of the labor inspector.
4. Punishment of fine not exceeding 50,000 Baht is for failing to organize the Committee on Welfare in the work place.
5. The following offences are punishable with imprisonment not exceeding 1 (one) month or fine not exceeding 2,000 Baht or both:
5.1 Any person concerned fails to comply with a lawful order of the labor inspector or fails to accord him with convenience required by law.
5.2 Any employer who fails to arrange a meeting with the Committee on Welfare of Work at the work place;
5.3 Any government official who reveals the business secret of the employer concerned.
6. Any employer who fails to submit the book of record of Labor Welfare Fund is punishable with imprisonment not exceeding 6 months and fine not exceeding 10,000 Baht or both:
7. The following offences are punishable with imprisonment not exceeding 6 months or fine not exceeding 100,000 Baht or both:
7.1 Any employer requiring a money guarantee contrary to law;
7.2 Any employer failing to comply with the Ministerial Regulation concerned;
7.3 Any employer getting the employee to work against the prohibition of law;
7.4 Any employer getting the employee to work on holidays against the law;
7.5 Any employer getting the employee to carry an object heavier than the weight allowed by law;
7.6 Any employer getting a female employee to work on a job prohibited by law;
7.7 Any employer getting a pregnant employee to work against the law;
7.8 Any employer failing to comply with the order of the authority to change or reduce working hours;
7.9 Any employer failing to reassign a new suitable duty for a pregnant employee;
7.10 Any employer terminating a female employee because of pregnancy;
7.11 any employer arranging an interval time – break for child employees against the law;
7.12 Any employer getting a child employee to work against the prohibition of law;
7.13 Any employer getting a child employee to work over – time or on a holiday;
7.14 Any employer getting a child employee to work on a job forbidden by law;
7.15 Any employer allowing an employee to work in a place forbidden by law;
7.16 Any employer demanding a money guarantee from the child employee;
7.17 Any employer failing to pay over – time wages;
7.18 Any employer failing to pay wages for an eligible holiday;
7.19 Any employer failing to pay wages for over- time wages work on holiday;
7.20 Any employer failing to pay wages for employee’s vacation;
7.21 Any employer failing to pay over – time wages within the period of time prescribed by law;
7.22 Any employer failing to pay wages for the time used for traveling to work out of site;
7.23 Any employer deducing wages of his employee contrary to law;
7.24 Any employer paying lower wages than that allowed by law;
7.25 Any employer failing to contribute welfare fund in accordance with law;
7.26 Any employer failing to arrange a physical check up in accordance with law;
7.27 Any employer failing to pay severance money or special severance money;
7.28 Any employer failing to keep the document or record as required by law.
8. Whoever obstructs or resists the performance of an authority is punishable with imprisonment
not exceeding one year or fine not exceeding 20,000 Baht or boh.
9. The following offences are punishable with imprisonment not exceeding one year and fine not
exceeding 200,000 Baht or both.
9.1 Any employer causing his or her employee to work in contradiction with the law resulting in
the physical or mental injuries or the death of the employee;
9.2 any employer getting the employee to work over - time, on a holiday or a dangerous job, as
Against the law;
9.3 Any employer employing a child under 15 years of age;
9.4 Any employer failing to arrange security measure, occupational hygienic measure, or
environments, as required by law; or
9.5 Any body with the duty to fill out a form certifying false statements in the examination of
papers or document.
10. A juristic person committing an offence, its authorized representative who gives out the order
to refrain from doing an offensive act shall have to be jointly or severally liable for such
penalty with its representative.
By huahin Business lawyer
www.k-huahinlawyer.com
