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Thai Employers Should Have COVID-19 Regulations at Work 泰國雇主需有COVID-19工作規定

If an employee comes back from COVID-19 risk area and does not self-quarantine or refuse to undertake COVID test but insist to go to work, what should the employer do?


1. Firstly, the employers must issue announcements or regulations about COVID-19, having the context that “any employee who has been to the risk area must follow public health’s laws or quarantine, or to undertake disease screening test”, following by a context “If an employee does not comply with the above statement, it will be considered as a serious violation of announcements or regulations and may bring to disemployment." The announcements or regulations are supported by Section 6, Second paragraph under Occupational Safety, Health and Environment Act B.E. 2011 (2011), which indicated that "The employees shall cooperate with the employer in the execution and promotion of occupational safety, health and environment in order to ensure safety to the employee and the establishment."

首先,雇主須發布有關COVID-19的公告或規定,內文為“任何曾待在風險區域的員工必須遵守公共衛生的法律或檢疫,或進行疾病篩查測試”,並且規定“如果員工不遵守上述規定,將被視為嚴重違反公告或規定,並可能會被開除”。佛曆2554年(西元2011) 《泰國職業安全衛生與環境法》,第6條第2段也有相關規定,僱員有義務向企業和員工提供並維護安全衛生的工作條件以及環境。

The announcements or regulations are supported by Section 6 under Occupational Safety, Health and Environment Act B.E. 2554 (2011), which indicated that “an employer is obligated to provide and keep its company and employees in safe and hygienic working conditions and environment.”[1]


If an employer violates such regulation, he/she will be fined not more than 200,000 baht and/or not more than 6 months in prison.[2]


2. Whenever an employer discovers that an employee violates the regulations, the employer can disemploy the employee immediately without severance pay according to Article 119(4) under Labor Protection Act. [3]


3. In addition, can an employer prohibit an employee from entering the company or office? It is believed that an employer can do that because it is a prevention of dangers which may happen to an employee and such dangers may cause damages to employers’ property and health of their colleagues.


Moreover, if an employee outrageously insists on entering the office even though he knows that he went to risk area and this may disobey the employer’s regulations and order, it may be considered as an "intentionally causing damage to the employer" case as well. This will be another reason for an employer disemploying an employee without severance pay, according to Article 119(2) under Labor Protection Act.[4]


The important thing in this article is that an employer should make sure that he/she has already issued above-mentioned regulations. If not, please try to proceed instantly in order to avoid dispute.


Nevertheless, in this case, even though there are no regulations or orders fixed, the employer still can disemploy the employee based on Article 119 under Labor Protection Act.


[1] Occupational Safety, Health and Environment Act B.E. 2554 (2011), Section 6. [2]Occupational Safety, Health and Environment Act B.E. 2554 (2011), Section 54. [3] Violation of the work rules and regulations or an employer' lawful and legitimate regulations or orders, where an employer had already issued a written warning, except that in serious cases an employer need not issue such a warning. A letter of warning shall be enforceable for not more than one year calculated from the date on which the employee committed the offence. [4] Intentionally causing an employer to suffer damage.

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