Thai Government Considers New Labor Law regarding Work from Home 泰國政府考慮針對在家工作的安排提出新的勞動保護法
During Covid-19, Thai Government requested employers to allow employees to work from home to prevent infection spread in the workplace. Consequently, working from home had become a trend in Thailand. However, since Thailand is in a different phase of pandemic, some employers cancel work from home policy. Issues as to whether work from home arrangement is just a policy in the past or it is a normal situation in the workplace.
Thai Government recently has passed the first Work from Home Bill, seeking to revise Thai Labor Protection Act to reflect the current situation. The proposed amendment to Thai Labor Protection Act will provide more flexibility for employment with solutions. In addition, the Bill states that the aim is to solve the notorious traffic congestion in Bangkok and other cities.
The Bill adds a single subsection, stating that“The employer and the employee may agree in the employment contract” that the employee is allowed “to bring work . . . to perform at home or at residence of the employee.” Based on this provision, the work from home arrangement must be at least 8 hours per week and is considered an employee’s normal working time. If an employee wishes to work from home, the employer must agree with such request.
此外，該法案還增加一條文，規定“雇主和員工可以在勞雇合約約定”，允許員工“帶回家. . .在員工家中或住所工作。”根據這項規定，在家工作安排必須每周至少 8 小時，並被視為員工的正常工作時間。如果員工希望在家工作，雇主必須同意這一請求。
However, if it is type of work related to extreme heat or extreme cold that may be dangerous or any other work that may affect health and safety or the quality of the environment, it is forbidden for the employee or the employer to agree to work from home.
Despite this, many parties which includes the Department of Labor Protection and Welfare do not agree with such Bill as it may lead to more labor problems. There are some questions which needs to be taken into consideration when amend such Bill. For example:
Ø How can employers monitor worker productivity?
Ø How should employers monitor overtime work?
Ø Do employers have to pay for employees’ internet and electricity which is used to perform work?
Ø Can employees bring office equipment and supplies home?
We will keep you posted if there is any update.
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