THAILAND Law and Practice Contributed by: Nam-Ake Lekfuangfu, Theeranit Pongpanarat, Praween Chantanakomes and Panitan Pruksakasemsuk, Baker McKenzie
8.4 Criminal Cases There are no special procedures that the employer must follow if the allegations are also criminal in nature. In such case, the employer may need to review the specific offence to see if they are required to self- report or disclose the offence to any authorities. The employer may also need to consider the prescription period of the offence, as this may be relevant if the employer will take criminal action against the employ - There are no special procedures that the employer must follow in cases of multi-jurisdictional HR internal investigations from a Thai law perspective. However, the employer may need to consider the laws of the other jurisdictions that may be relevant to the inves - tigation. This may include a need to be aware of the different laws related to the protection of privileged information or the transfer of data between countries that may apply in each jurisdiction. ees who have committed the offence. 8.5 Multi-Jurisdictional HR Internal Investigations Generally, foreign nationals may assist with carrying out HR internal investigations in Thailand, although they may be subject to visa and work permit require - ments.
or summarising documents or transcribing the records of an interview. If the use of AI involves the personal data of any indi - viduals, the user will have to comply with the require - ments of the PDPA as well.
8. Special Cases 8.1 Whistle-Blowing
There are no specific whistle-blowing protections. 8.2 Sexual Harassment and/or Violence The LPA specifically prohibits sexual abuse, sexual intimidation and sexual nuisance by employers, heads of department, supervisors and team leaders over their subordinates. However, there is no definition of what would be considered as sexual abuse, sexual intimidation or sexual nuisance under the LPA. There has been no change to the legal framework in the past year. 8.3 Other Forms of Discrimination and/ or Harassment Including Bullying and/or Mobbing There are no specific protections for allegations con - cerning other types of discrimination and/or harass - ment, including bullying and mobbing. There has been no change to the legal framework in the past year.
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