You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

January 19, 2023

Thailand Passes New Labor Law on Work-from-Home Arrangements

Subscribe to Updates

The Thai parliament has passed the so-called Work from Home Bill—formally known as Labour Protection Act (No. 8) B.E. 2566 (2023)—which amends the country’s Labour Protection Act (LPA) to reflect current circumstances. The accompanying legislative remark states that the proposed amendments to the LPA will provide additional options for work arrangements between employers and employees, upgrade the level of labor protection, increase work stability, and improve quality of life for employees in Thailand.

The legislation adds a single section to the LPA providing that an employer and an employee “may agree in the employment contract” that the employee is allowed “to bring work . . . to perform at home or at the residence of the employee or anywhere that the employee can work remotely through information technology, if the nature of the work permits.”

The provision further provides that employers are responsible for ensuring that remote work agreements are in writing, either physically or electronically, and may include the following details:

  • Period of the agreement;
  • Normal working hours, rest periods, and overtime work;
  • Criteria for overtime work, holiday work, and various types of leave;
  • Scope of work and control or supervision by the employer; and
  • Responsibility for arranging supplies and equipment, including necessary costs relating to the work.

The amended LPA gives employees who work from home the right to refuse contact from the employer or the supervisor beyond working hours. In addition, employers must treat remote employees equally to on-premise employees.

The most notable question surrounding this legislation is whether employers must allow employees to work remotely. The phrase “may agree” suggests that employers do not have to agree to allow an employee to work remotely. Another important aspect of the amendment is that there is no criminal punishment attached to it, which suggests that the legislation promotes remote work rather than penalizing any wrongdoing.

The legislation is now awaiting royal endorsement and is expected to be enacted very soon.

For more details on the amended LPA, or on any aspect of employment law in Thailand, please contact Tilleke & Gibbins at [email protected].

Related Professionals

Practices

Employment

Location

RELATED INSIGHTS​ 

March 27, 2020
On March 4, 2020, the Government of Vietnam issued Decree No. 28/2020/ND-CP Providing Regulations on Administrative Penalties in the Areas of Labor, Social Insurance, and Sending Vietnamese Workers Abroad for Working Under Contract (“Decree 28”). Decree 28 contains 57 articles geared toward protecting Vietnamese workers, including outsourced workers.Decree 28 sets out a number of infractions which employers should be careful to avoid committing and which can result in severe penalties.
Read More
March 27, 2020
The adverse impacts of the COVID-19 pandemic have led employers to look for ways to mitigate the losses being wrought by the turmoil. While working remotely from home is a viable option for some, economic slowdown or to the nature of some industries make it unfeasible for others.This article considers the legality of some measures to mitigate employment costs in Laos.Can an employer suspend an employment contract?
Read More
March 25, 2020
As Thailand, and the world, face the growing COVID-19 crisis, the impact has begun to spread beyond people’s health and into the economy as a whole. While some businesses may be able to move to remote working practices to minimize economic distress, others may require a physical presence that becomes difficult or impossible to maintain, or may face substantial changes to their operations, resulting in hardship or emergency measures.
Read More
March 24, 2020
The COVID-19 pandemic has had an unavoidable impact on the economy of Vietnam. While the country’s infection numbers remain commendably low thanks to timely and strict containment and mitigation efforts, everyday life and business have still been turned upside-down as buildings have been closed and neighborhoods have been quarantined, and consumers have dramatically changed their spending patterns.
Read More