With COVID-19 cases continuing to pose a significant threat throughout Thailand, many employers have ordered their employees to work exclusively from home in order to minimize their chances of contracting the virus. However, this luxury is not afforded to all employees—some are unable to work from home due to the nature of their work, and consequently they are placed in the precarious position of being exposed to possible infection. Thailand’s Social Security Office (SSO) understood these risks early in the pandemic and, in March 2020, issued guidelines through the Workmen’s Compensation Fund Office on employees’ entitlement to claim benefits from the workers’ compensation fund (WCF) if they contract the virus as a result of their work. The WCF provides medical-related assistance and compensation to employees who directly suffer from a work-related injury or sickness (subject to certain conditions). Falling ill with COVID-19 during the performance of work duties may constitute suffering work-related sickness, thereby allowing employees to claim compensation from the WCF by submitting the Kor Thor 16 form, a medical certificate, treatment records, records of the employee’s working hours, and other relevant documentation. Upon receiving a claim, the SSO will investigate by collecting facts and evidence from the employer, the infected employee and his or her colleagues, and any witnesses. The official will examine the employee’s duties and working conditions in detail, taking into consideration any relevant information, such as evidence regarding the employee’s travel or movements prior to falling sick. Once all the facts and evidence are gathered, the matter will be submitted to a medical subcommittee responsible for determining whether the employee’s onset of COVID-19 is due to his or her work. If the subcommittee finds that the employee’s contraction of the virus did indeed result from the performance of his or her work duties, the

With the wide availability of vaccines in Cambodia, some employers are considering whether to mandate workers to get vaccinated against the coronavirus, prompting the question: What are the legal risks and implications of such a mandate in Cambodia?

Around the world, COVID-19 is continuing to threaten the health of millions, interrupt daily life, and throttle business activity. In Thailand, the latest wave of infections has been more intense than any since the beginning of the pandemic, and many businesses have been forced to close down once again. There are reasons for hope though—chief among them the increasing pace of vaccinations. Not only are the vaccines effective at preventing serious health issues, they are helping keep both employees and customers safe in business settings so that commerce, trade, and tourism can resume once again. Many in Thailand have already been vaccinated, and struggling employers are looking ahead to safely resuming full business activities, from reopening offices for employees who have been working from home, to welcoming customers and clients back to an environment that minimizes the risk of COVID-19 exposure. In anticipation of such a return to business at full capacity, many Thai employers are taking note of companies and organizations overseas boosting COVID-19 safety in workplaces by mandating vaccines and other measures, and asking whether such mandates could be imposed here in Thailand. The main legal concept to consider here is the provision in the Labor Protection Act B.E. 2541 (1998), which authorizes employers to issue “lawful and just” orders to employees. For an order to be “lawful and just,” it must be proportionate to the circumstance. In the current context of the COVID-19 pandemic, employers can refer to the Communicable Diseases Act B.E. 2558 (2015), as well as other local regulations, to provide grounds when asserting that their risk-mitigation orders are proportionate, lawful, and just. It is doubtful that a Thai court would rule that the circumstances we find ourselves in now would justify an employer requiring employees to be vaccinated, but this legal standard can

Multilaw has published the latest edition of How to Hire and Fire, a guide to the rules and regulations governing employment relationships in over 90 jurisdictions around the world. Lawyers at Tilleke & Gibbins prepared the Cambodia, Myanmar, Thailand, and Vietnam chapters of the guide, which covers the following main topics: General principles: Forums for adjudicating employment disputes, main sources of employment law, employees working for foreign companies in Cambodia or abroad for domestic companies, and data privacy. Hiring the employee: Legal requirements for employment agreements, types of agreement, secrecy and confidentiality, ownership of inventions and other IP rights, pre-employment considerations, hiring of non-nationals, hiring specified categories of individuals, and outsourcing and sub-contracting. Maintaining the employment relationship: Changes to the contract, changes in business ownership, social security, accidents at work, discipline and grievances, harassment, discrimination, equal pay, compulsory training obligations, offsetting earnings, maternity and disability leave, insurance, absence for military or public service duties, trade unions, employee strikes, and employers’ liability for actions of employees. Firing the employee: Procedures for terminating employment agreements, instant dismissal, employee resignation, termination on notice, age-related termination, force majeure automatic termination, collective dismissals, termination by agreement, directors and senior officers, rules for companies facing financial difficulties, restriction of future activities, whistleblowers, garden leave, severance payments and tax considerations, allowances, and time limits for post-termination claims. General: Specific matters unique or important to each jurisdiction. Multilaw is a global network of carefully selected, independent law firms consisting of over 10,000 commercial lawyers in more than 100 countries, able to provide expert legal advice in complex environments around the globe. The full guide is available for free on the Multilaw website.