THAILAND Law and Practice Contributed by: Nam-Ake Lekfuangfu, Theeranit Pongpanarat and Panitan Pruksakasemsuk, Baker McKenzie (Bangkok)
6. Collective Relations 6.1 Unions
total number of committee members or by the labour union with an appropriate reason. Employee Committee An employee committee may be established voluntar - ily by employees in a place of business that has 50 or more employees by election or appointment from the labour union, or both, depending on the proportion of the members of the labour unions in the workplace, in accordance with the LRA. Employers must arrange for a meeting with the employee’s committee at least once every three months, or upon request, to discuss welfare provisions or work regulations that would be beneficial to employers and employees, to consider complaints or to settle disputes in the workplace, among other purposes. If there is an employee committee established under LRA, such a committee shall perform the same duties as the Welfare Committee in the Establishment. Labour Federations Two or more labour unions whose members are employees working for the same employer or in the same industry can jointly establish a labour federation to promote better relationships between labour unions and protect employees’ interests. 6.3 Collective Bargaining Agreements Under the LRA, a CBA is an agreement between employer and employee or between an employer’s association and a labour union relating to conditions of employment – ie, working days and hours, wages, welfare, termination of employment, or other benefits relating to employment. A CBA under the LRA must be done through the processes under the LRA, by either the employer or employees (or through their labour union) submitting a labour demand to the other party and going through the negotiation process until an agreement is reached. The agreed CBA must also be registered with the reg - istrar under the LRA. A CBA shall be effective for a term as agreed between the employer and employee, but shall not exceed a period of three years. If no term is specified in a CBA, such CBA shall be effective for one year from the
A labour union is an organisation with a separate legal personality formed voluntarily by at least ten quali - fied employees, which must be registered with the registrar under the Labour Relations Act B.E. 2518 (1975) (LRA). It could be formed either by employees of the same employer (house union) or by employees within the same industry, regardless of the number of employers (industrial union). Under the LRA, a labour union mainly has duties and powers to demand, negotiate and acknowledge an award or enter into a collective bargaining agreement (CBA) with an employer or employer’s association regarding the activities of its members, and to man - age and carry out activities for the benefit of its mem - bers within the objectives of the labour union, among others. 6.2 Employee Representative Bodies Labour Unions Labour unions may be established by at least ten qualified employees under the same employer or within the same industry and registered with the reg - istrar to become a juristic person under the LRA. As noted in 6.1 Unions , labour unions have the authority to demand, negotiate and acknowledge an award or enter into a CBA with an employer or employer’s asso - ciation regarding the activities of its members, and to manage and carry out activities for the benefit of its members within the objectives of the labour union, among others. Welfare Committee in the Establishment In a workplace with 50 employees or more, the employer must arrange for the inception of a Welfare Committee in the Establishment, appointed by an election by employees in accordance with the LPA. The Welfare Committee in the Establishment shall have general duties on consultation with the employer to provide welfare to employees, among others. An employer must hold a meeting with the Welfare Committee in the Establishment at least once every three months, or upon request by more than half of the
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