20230427-KPMG_Global-Thailand_–_New_Labor_Rules_Supporting_Work_from_Home_3页_284kb

Thailand - New Labor Rules Supporting Work from Home Summary

Core Content

On 18 April 2023, Section 23/1 of Thailand's Labor Protection Act B.E. 2541 (1998) came into effect, introducing new labor rules to support remote working and work from home (WFH) arrangements. These amendments aim to address the evolving nature of the labor market, especially in light of the coronavirus pandemic and the increasing adoption of telecommunication technologies.

Main Points

• New Section 23/1 allows employers and employees to mutually agree on remote work arrangements, provided the work can be conveniently performed outside the workplace.

• The law does not require employers to allow remote work, nor does it entitle employees to remote work based on personal choice.

• Remote work must be mutually agreed upon and documented in writing (either physically or electronically).

• The written agreement should include:

  • Start and end dates of the remote work arrangement
  • Normal working days and hours, rest periods, and overtime work
  • Conditions for overtime work, holidays, and leave
  • Scope of work and employer supervision
  • Responsibility for work equipment and related expenses

• Employees working remotely have the right to disconnect from work communications after normal working hours or upon completion of assigned tasks, unless they provide written consent in advance.

• Employees working remotely have the same rights as those working in the office, including access to benefits and protections.

Key Information

• The amendments are a response to workplace challenges caused by the coronavirus and the shift in work patterns.
• The "right to disconnect" is a new legal provision, but it aligns with current employer practices.
• Employers are encouraged to consult with employment law professionals or the KPMG Employment Law or Global Mobility Services team in Thailand for guidance on compliance and implementation.
• KPMG provides legal and advisory services related to employment law in Thailand, with contact details provided for further assistance.

Applicability and Compliance

• The rules apply to any remote work agreement entered into by employers and employees.
• Employers must ensure that written agreements are in place for remote work arrangements.
• While the law does not specify format or content requirements for the written agreements, it emphasizes the need for clarity and structure.

Related Resources

• This summary is based on an article from "Legal News Update" (Issue 24, April 2023), a publication of the KPMG International member firm in Thailand.
• For further information or assistance, contact KPMG professionals in Thailand.

Contacts

• Tanittha Cha-Um
  Director
  Tel: +66 2 677 2466
  Email: tanittha@kpmg.co.th

• Wanpratueng Ramgomut
  Associate Director
  Tel: +66 2 677 2565
  Email: wanpratueng@kpmg.co.th

• Ruangrit Khantapaet
  Manager
  Tel: +66 2 677 2546
  Email: ruangritk@kpmg.co.th

Disclaimer

• The KPMG International member firm in the U.S. does not provide immigration or labor law services.
• KPMG Law LLP in Canada can assist with U.S. immigration matters.
• The KPMG name and logo are registered trademarks or trademarks of KPMG International.
• All KPMG firms are independent and legally distinct entities.

References

1. The amendment was published in the Government Gazette on 19 March 2023.
2. The document is a Flash Alert from KPMG LLP's Washington National Tax practice.