THAILAND Law and Practice Contributed by: Nam-Ake Lekfuangfu, Theeranit Pongpanarat and Panitan Pruksakasemsuk, Baker McKenzie (Bangkok)
5. New Work 5.1 Mobile Work
the new purposes and has received the employee’s consent to collect, use or disclose personal data for such purposes. • A privacy notice must be given to the employees before or at the time the employer collects their personal data. The privacy notice must contain the information required under the PDPA – the purpose of data processing, the categories of data to be processed, the retention period, the contact person for PDPA matters, the rights of the employee as the data owner, etc. If an employer wishes to hire a foreign employee, a valid business visa and work permit must be obtained so that the foreign employee is able to stay and work in Thailand. Generally, a foreign employee will have to obtain an appropriate business visa from the Thai Embassy/Consulate of their home country, which per - mits them to stay in Thailand for work or business activities for 90 days. The foreign employee will then have to apply for and obtain a work permit from the competent authority in Thailand in order to be able to work in Thailand legally. After obtaining the work permit, the foreign employee may apply to the competent immigration bureau for an extension of the permit to stay in Thailand for a period exceeding the initial 90 days permitted under the business visa above (eg, one year). 4.2 Registration Requirements for Foreign Workers An employer that hires a foreign employee must notify a work permit official of their name, nationality and work description within 15 days from the date of hir - ing. When a foreign employee’s employment ends, the employer must also notify a work permit official, including the reason for employment cessation, within 15 days from the employment cessation date. 4. Foreign Workers 4.1 Limitations on Foreign Workers Foreign employees must also be registered with the Social Security Fund, similar to Thai employees. They will also have to obtain a Tax ID from the Thai Revenue Department.
In 2022, an amendment to the LPA was approved to facilitate the new way of working remotely. Under the newly amended LPA, an employer may agree to allow an employee to work from home or to work from any - where, using information technology, for the benefit of the business and the promotion of quality of life for employees, or in cases of necessity. This sort of agreement must be made in writing or in the form of electronic data that is accessible and reusable without altering the meaning. The agreement • normal working hours, rest periods and overtime; • rules on overtime work, holiday work and leave; • the scope of the work and the control of work by the employer; and • obligations to procure and provide work equipment and tools, including expenses arising out of the work. The amendment to the LPA also introduced the “right to disconnect” for employees when working remotely – ie, the employee has the right to refuse any com - munications with their employer, supervisors, chief or work inspector after the end of normal working hours, unless employees give written consent in advance. There are no specific legal requirements for remote working, so the requirements under the Thai PDPA will continue to apply to both employers and employees working remotely. Occupational Safety, Health and Environment There has not yet been any specific occupational safety, health and environment legislation nor regula - tions dealing specifically with mobile work or remote working in Thailand. may include the following details: • commencement and end date; However, under the Occupational Safety, Health and Environment Act B.E. 2554 (2011), an employer has a general obligation to arrange and maintain the estab - lishment and its employees in safe and hygienic work - ing conditions, and to support and promote the work
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