1.2       Legal Implications of Labor Management

 In general, Thai labor laws provide for considerable freedom in managing labor. In many countries, it is not legal to discriminate on the basis of age or sex. Perusal of personnel ads in Thai newspapers finds the employers narrowly defining their needs: “The successful candidate will be male, less than 35 years of age, not a member of a labor union, and at least 150 cm in height, etc.”

 Further, the government does not interfere with a company’s retrenchment policies when economic conditions necessitate cutbacks. There is no “first in, last out” requirement in Thailand. Similarly, Thai employers have the right to transfer employees to other work locations, provided the transfer is not ordered with the exclusive intent to create hardship on them. Refusal to transfer is legal cause for dismissal.

 1.2.1     Employee records

 An employer with 10 or more regular employees is required to establish written rules and regulations in Thai language governing work performance. The regulations must be displayed on the work premises within 15 days of the date from which the number of employees reached 10 or more. A copy of these rules and regulations must be submitted to the Department of Labor within 7 days of the date that the employer announces or displays the working regulations. An employer with 10 or more regular employees is also required to maintain an employee register in Thai language with documents pertaining to the payment of wages, overtime, holiday work, etc. The employee register must be maintained for at least 2 years after the date of termination of employment of each employee, together with the supporting source documents.

 In addition to the above, the said employer is required to submit a report form on conditions of employment and working conditions to the Director-General or a person entrusted by Director-General within every January.