Work from Home

The Thai Labour Protection Act (LPA) governs the rights and duties of employers and employees in Thailand. During the Covid Pandemic, many employers permitted their employees to work from home or remotely. Even after the pandemic, we are seeing many companies in Thailand, shifting to a permanent option for working from home. In fact, many employees working in offices request the option to work from home, at least on certain days during the week. Thus, permitting work from home has become a vital factor in attracting talent for office jobs. 
Now, the 8th amendment of the LPA has introduced section 23/1 to the law to outline formal requirements for work from home agreements. Such agreement shall be made in writing or by electronic means and should include the following:    
  • Starting and ending date of the agreement
  • Date, working hours, recess hours and overtime work 
  • Criteria of overtime work and work on holidays and other types of leave
  • Scope of duties and work of the employee and control or supervision by the employer
  • Obligations and duties concerning procurement of work tools or equipment, including necessary expenses for work
Notably, employees working from home have the right to reject communication from the employer outside of the agreed working hours. Thus effectively preventing encroachment of office hours into the private life of an employee. 
Furthermore, the regulations state that employees working from home enjoy the same rights as employees working at the place of work, preventing establishing a two-tiered system of employees.
Please note: 
Even though the LPA now regulates certain conditions of work from home, it does not grant a general right to an employee to work from home. In fact, work from home is contingent on a specific agreement. On the flipside, an employer cannot simply order an employee to work remotely. From our point of view, section 23/1 main purpose is to protect employees working remotely, especially when it comes to office hours. Thus, section 23/1 mainly strengthens the colloquially called “right to disconnect”, thereby adding a necessary layer of protection to Thai labour laws. 

 From The Newsletter


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Martin Chrometzka

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