LABOUR RELATIONS ACT, B.E (1975)**

Transcription

1 Unofficial Translation* LABOUR RELATIONS ACT, B.E (1975)** BHUMIBOL ADULYADEJ, REX; Given on the 14th Day of February B.E. 2518; Being the 30th Year of the Present Reign. His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that: Whereas it is expedient to have a law on labour relations; Be it, therefore, enacted by the King, by and with the advice and consent of the National Legislative Assembly acting as the National Assembly, as follows: Section 1. This Act is called the Labour Relations Act, B.E (1975). Section 2. 1 This Act shall come into force after the expiration of thirty days from the date of its publication in the Government Gazette. Section 3. Clause 4 and clause 11 of the Announcement of the Revolutionary Council No. 103, dated 16th March B.E (1972) shall be repealed. Section 4. 2 This Act shall not apply to: (1) central administration; (2) provincial administration; * Translated by Ms. Vipatboon Klaosoontorn under contract for the Office of the Council of State of Thailand's Law for ASEAN project. Initial Version pending review and approval by the Office of the Council of State. ** As amended up to the Labour Relation Act (No.3), B.E (2001). 1 Published in the Government Gazette Vol. 92, Part 47, Special Issue, page 1, dated 26 th February B.E Section 4 is amended by the Labour Relations Act (No.3), B.E (2001).

2 2 (3) local administration, including administration of Bangkok Metropolitan and Pattaya City Administration; (4) undertakings of state enterprises according to the law on state enterprise labour relations, except the act which a labour federation has become a member of an employees organisation council under section 120 ter; (5) other undertakings as prescribed in the Royal Decree. Section 5. In this Act: employer means a person who agrees to employ an employee to work in return for payment of wages, and includes a person entrusted by an employer to act on his or her behalf and, in the case where an employer is a juristic person, means a person with authority to act on behalf of the juristic person and includes a person entrusted by the person with authority to act on his or her behalf; employee means a person who agrees to work for an employer in return for wages; employment conditions means conditions of employment or work, working days and hours, wages, welfare, termination of employment, or other benefits of employer or employee which are related to employment or work; agreement relating to employment conditions means an agreement between an employer and an employee, or between an employer or an employers association and a labour union relating to employment conditions; labour dispute means a conflict between an employer and an employee which is related to employment conditions; lockout means an act that an employer temporarily refuses to permit employees to work due to a labour dispute; strike means a act that employees collectively temporarily refuse to work due to a labour dispute; employers association means an organisation of employers formed under this Act; labour union means an organisation of employees formed under this Act; employers federation means an organisation of two or more employers associations which is formed under this Act;

3 3 labour federation means an organisation of two or more labour unions which is formed under this Act; registrar means a person appointed by the Minister for the execution of this Act; labour dispute conciliation official means a person appointed by the Minister for the execution of this Act; Director-General means the Director-General of the Department of Labour; Minister means the Minister having charge and control of the execution of this Act. Section 6. The Minister of Interior shall have charge and control of the execution of this Act and shall have the following powers: (1) to appoint a registrar, labour dispute conciliation official and labour dispute arbitrator for the execution of this Act; (2) to issue Ministerial Regulations for the execution of this Act. The appointment under (1) shall be published in the Government Gazette. Such Ministerial Regulations shall come into force upon their publication in the Government Gazette. Section 7. There shall be established in the Department of Labour, Ministry of Interior, the Central Registration Office having the powers and duties to supervise the registration of employers associations, labour unions, employers federations and labour federations throughout the Kingdom and acting as the Bangkok Metropolitan Registration Office. In other Changwats other than Bangkok Metropolitan, the Minister may establish a Changwat Registration Office directly responsible to the Central Registration Office. Section 8. There shall be established in the Ministry of Interior, the Office of the Labour Relations Committee having the following powers and duties: (1) to carry out preliminary fact-finding investigation relating to complaints and labour disputes; (2) to implement the resolutions of the Labour Relations Committee; (3) to perform other powers and duties. Section 9. There shall be established in the Ministry of Interior, the Labour Dispute Arbitration Office having the following powers and duties:

4 4 (1) to prepare a list of names and qualifications of labour dispute arbitrators to be submitted to the parties for selection; (2) to supervise and carry out technical and administrative affairs concerning the arbitration of labour disputes. CHAPTER I AGREEMENTS RELATING TO EMPLOYMENT CONDITIONS Section 10. A place of business having twenty or more employees shall provide an agreement relating to employment conditions under the provisions of this Chapter. An agreement relating to employment conditions shall be made in writing. In the case of doubt as to whether there is an agreement relating to employment conditions in such place of business, the regulation relating to work which an employer is required to provide under the law on labour protection shall be deemed the agreement relating to employment conditions under this Act. Section 11. An agreement relating to employment conditions shall contain at least the following provisions: (1) conditions of employment or work; (2) specified working days and hours; (3) wages; (4) welfare; (5) termination of employment; (6) submission of petitions by employees; (7) amendment to or renewal of the agreement relating to employment conditions. Section 12. An agreement relating to employment conditions shall apply for the period as agreed upon by the employer and the labour union, but it shall not apply for more than three years. If the time period is not specified, it shall be deemed that the agreement relating to employment conditions applies for one year as from the date on which the employer and employee have reached agreement or as from the date on which the employer accepts the employment of the employee, as the case may be.

5 5 In the case where the time period specified under the agreement relating to the employment conditions has expired, if there is no new negotiation, it shall be deemed that the agreement relating to employment conditions shall continue to apply for a term of one year each time. Section 13. In claiming for specification of or an amendment to an agreement relating to employment conditions, the employer or employees shall submit a claim, in writing, to the other party. In the case where the claim is submitted by the employer, the employer shall indicate the names of the participants to the negotiation. In this case, the employer may specify his or her name as the participant to the negotiation or may appoint a representative to participate in the negotiation. If the employer appoints a representative to participate in the negotiation, the representative of the employer shall be a director, a shareholder, a partner or a permanent employee of the employer, a member of the Board of the employers association or a member of the Board of the employers federation, and the number of which shall not exceed seven persons. In the case where the claim is submitted by the employees, the claim shall contain the names and signatures of the employees concerned with the claim, which shall be no less than fifteen percent of the total number of the employees. If the employees have already elected their representatives to participate in the negotiation, the names of not exceeding seven representatives shall also be indicated and submitted together with the claim. If the employees have not elected their representatives to participate in the negotiation, the employees shall elect the representatives, which shall not exceed seven persons, to participate in the negotiation and indicate their names without delay. The election and the specification of duration for being a representative of the employees for participating in the negotiation, the execution in relation with the claims and the acknowledgement of awards shall be in accordance with the rules and procedures prescribed in the Ministerial Regulations. Section 14. Regarding the election for the representatives of the employees, the employees may organise the election themselves or request the labour dispute conciliation official to organise the election on their behalf. The number of the representatives of the employees shall be prescribed by the person organising the election, but shall not exceed

6 6 seven persons. The representative of the employees shall be an employee concerned with the claim or be a member of the Board of the labour union or the labour federation of which the employees concerned with the claim are members. Every employee concerned with the claim has the right to cast a vote in the election for the representatives of the employees. Section 15. An employers association or labour union may submit a notification of claim under section 13 to the other party on behalf of the employers or employees who are their members. The number of members who are the employees shall be no less than one-fifth of the total number of employees. In the case where the notification of claim is submitted by a labour union, such claim does not necessarily contain the names and signatures of the employees concerned with the claim. In the case of doubt as to whether the labour union is composed of the employees concerned with the claim in a number as specified in paragraph one, the employer, employers association or labour union concerned may file a request in writing to the labour dispute conciliation official for examination and certification. Upon receipt of the request, the labour dispute conciliation official shall proceed to examine all evidence to find out whether or not the labour union has the employees concerned with the claim as its members. If it has, the labour dispute conciliation official shall issue a certification letter to the person filing the request as evidence. If it does not, the labour dispute conciliation official shall notify the parties concerned. In the case where the notification of claim is submitted by the labour union, if it appears to the labour dispute conciliation official upon the claim of any party that some of the employees concerned with the claim are also members of other labour unions, the labour dispute conciliation official shall organise the election for the representatives of the employees in the proceedings under section 13. Section 16. Upon receiving of the claim, the party receiving the claim shall notify, in writing, the party submitting the claim of his or her name or representatives names without delay, and both parties shall begin the negotiation within three days as from the day of receiving the claim.

7 7 Section An employer or employees may appoint advisers to give advice and recommendation to their representatives under section 13 or section 16, but the number of the advisers shall not exceed two persons for each party. The adviser under paragraph one shall have the qualifications as prescribed by the Director-General and shall submit an application and be registered by the Director-General or a person entrusted by the Director-General in order to be appointed as the advisers. In the case where an adviser is appointed by the employer or employees, the employer or employees shall notify the other party of the names of the adviser in the claim under section 13 or in the letter notifying the names of the representatives if the appointment is made afterwards. The advisers shall have the right to attend meetings and negotiations for concluding an agreement. Section 17 bis. 4 A person registered as an adviser of an employer or employees under section 17 shall be an adviser for a period of two years from the date of registration. An adviser may be dismissed from being an adviser before the expiration of the period under paragraph one if he or she does not have qualifications as prescribed by the Director-General. In case of being dismissed under paragraph two, such person may reapply to be registered as an adviser of an employer or employees after the expiration of two years from the date of being dismissed by the Director-General. Section 18. If an employer or employers association and employees or labour union are able to reach an agreement in relation to the claim under section 13, an agreement relating to employment conditions shall be made in writing and signed by the employer or representatives of the employer and representatives of the employees or members of the Board of the labour union, as the case may be, and The employers shall openly announce the agreement relating to employment conditions at the place where the employees work for at least thirty days; such announcement shall be made within three days as from the date of agreement. 3 Section 17 is amended by the Announcement of the National Peace Keeping Council No. 54 on the Amendment to the Labour Relations Act, B.E (1975), dated 28 February B.E (1991). 4 Section 17 bis is amended by the Announcement of the National Peace Keeping Council No. 54 on the Amendment to Labour Relations Act B.E (1975), dated 28 February B.E (1991).

8 8 The employer shall register the agreement relating to conditions of employment under paragraph one to the Director-General or the person entrusted by the Director-General within fifteen days from the date of the agreement. Section 19. The agreement relating to employment conditions has binding force on the employer and employees signing the claim as well as all employees participating in the election for the representatives for negotiation. Where the agreement relating to employment conditions has been concluded between an employer or employers association and a labour union or employees working in the same type of undertaking, provided that more than two-thirds of the total number of employees are members thereof or collectively makes the claim on the employment conditions, such agreement relating to employment conditions shall be deemed to have binding force on every employer and employee working in the same type of undertaking. Section 20. When the agreement relating to the employment conditions has come into force, the employer shall be prohibited from entering into an employment contract with employees which is contrary to or inconsistent with the agreement relating to employment conditions unless such employment contract is more beneficial to the employees. CHAPTER II SETTLEMENT OF LABOUR DISPUTES Section 21. In the case where there is no negotiation within the specified period under section 16 or the negotiation is conducted but no agreement is reached due to any reason whatsoever, it shall be deemed that a labour dispute has occurred and the party who submits the claim shall notify, in writing, the labour dispute conciliation official within twenty four hours from the prescribed period under section 16 has lapsed or from the time the agreement cannot be reached, as the case may be. Section 22. When the labour dispute conciliation official has been notified under section 21, the labour dispute conciliation official shall conduct the dispute conciliation in order to make the party submitting the claim and the party receiving the claim to reach the

9 9 agreement within five days as from the date on which the labour dispute conciliation official receives the written notification. If the agreement has been reached within the time period under paragraph one, section 18 shall apply mutatis mutandis. In the case where the agreement cannot be reached within the time period under paragraph one, the labour dispute shall be deemed as an unsettled labour dispute. In this case, the employer and employees may agree to appoint a labour dispute arbitrator under section 26 or, subject to section 23, section 24, section 25 or section 36, the employer may cause a lockout or the employees may strike without being contrary to section 34. Section 23. In the case where there is an unsettled labour dispute in the undertakings as follows (1) railway; (2) port; (3) telephone or telecommunication; (4) production or distribution of energy or electricity to the public; (5) waterworks; (6) fuel oil production or refinery; (7) undertakings of a hospital or a medical establishment; (8) other undertakings as prescribed in the Ministerial Regulations the labour dispute conciliation official shall submit the labour dispute to the Labour Relations Committee for consideration and decision, and shall notify the two parties of the decision within thirty days from the date of receipt of the labour dispute. The employer, employers association, employers federation, employees, labour union or labour federation has the right to appeal to the Minister within seven days from the date of receipt of the decision. The Minister shall make a decision on the appeal and notify the two parties of the decision within ten days from the date of receipt of the appeal. The decision of the Labour Relations Committee which has not been appealed within the prescribed period and the decision of the Minister shall be final. The party submitting the claim and the party receiving the claim shall comply therewith. Section 24. In the event that there is an unsettled labour dispute in any undertaking other than the undertakings under section 23, if the Minister deems that the

10 10 unsettled dispute may affect the national economy or public order, the Minister has the power to order the Labour Relations Committee to make a decision on that labour dispute, and the Labour Relations Committee shall make a decision within thirty days from the date of receipt of such order. The Minister has the power to extend the period for the Labour Relations Committee to make a decision as deemed appropriate. The decision of the Labour Relations Committee shall be final. The party submitting the claim and the party receiving the claim shall comply therewith. Section 25. In the case where there is a declaration of the Martial Law under the law on martial law or a declaration of an emergency situation under the law on public administration in emergency situation, or in the case where the country faces a serious economic problem, the Minister shall have the power to prescribe, by notification in the Government Gazette, that an unsettled labour dispute under section 22 paragraph three occurring in any particular locality or any particular undertaking may be considered and decided by a group of persons as prescribed or appointed by the Minister. The decision of such group of persons shall be final. The party submitting the claim and the party receiving the claim shall comply therewith. The Notification of the Minister under paragraph one may be repealed at any time by notification in the Government Gazette. Section 26. Where there is an unsettled labour dispute under section 22 paragraph three, the employer and employees may agree to appoint one or several labour dispute arbitrators to make the award for such labour dispute. Section 27. Within seven days from the date of acknowledgement of the appointment, the labour dispute arbitrator shall notify the party submitting the claim and the party receiving the claim, in writing, of the date for submission of an explanatory statement concerning the labour dispute and the sitting date, time and place for considering the labour dispute.

11 11 Section 28. In considering any labour dispute, the labour dispute arbitrators shall afford opportunity for the party submitting the claim and the party receiving the claim to explain their reasons and produce evidence. Section 29. After having considered a labour dispute, the labour dispute arbitrators shall make an award in writing. The award shall contain at least the following statements: (1) date on which the award is made; (2) issues of the labour dispute; (3) facts found in the arbitration hearing; (4) reasons for the award; (5) the award to be carried out or refrained from by either party or both parties. The award of the labour dispute arbitrators shall be made by a majority of votes and signed by the labour dispute arbitrators. The labour dispute arbitrators shall send the award on the labour dispute to the party submitting the claim and the party receiving the claim or the representatives under section 13 or section 16 within three days from the date on which the award is made, and shall post a copy of the award at the place where the employees concerned with the claim work. The labour dispute arbitrators shall have the award registered with the Director-General or a person entrusted by the Director-General within fifteen days from the date on which the award is made. Section 30. The decision of the Labour Relations Committee which has not been appealed within the prescribed period and the decision of the Minister under section 23, the decision of the Labour Relations Committee under section 24, section 35(4) or section 41(3), the award on the labour dispute under section 25 or section 29 shall be effective for one year from the date of decision or award. Section 31. Upon the submission of the claim under section 13, if the claim is being in the process of negotiation, conciliation, or arbitration of labour dispute under section 13 to section 29, the employer shall not terminate employment of or reassign the duties of the employee, representative of the employees, committee member, sub-committee member or

12 12 member of the labour union or committee member or sub-committee member of the labour federation concerned with the claim except where such person: (1) dishonestly performs duties or intentionally commits a criminal offence against the employer; (2) intentionally causes damage to the employer; (3) violates any regulation, rule or legitimate order of the employer after a written warning or caution has already been given by the employer. In the case where the violation is serious, the employer does not have to give a warning or caution, provided that such regulation, rule or order shall not be issued so as to obstruct such person to carry out the claim. (4) abandons his or her duties for three consecutive days without reasons. No employee, representative of the employees, committee member, subcommittee member or member of the labour union or committee member or sub-committee member of the labour federation concerned with the claim shall support or cause a strike. Section 32. Any person other than the employer, employee, committee member of the employers association, committee member of the labour union, committee member of the employers federation, committee member of the labour federation, representative or adviser concerned with the claim shall be prohibited from carrying out or participating in any activity with regard to the claim, negotiation, conciliation, arbitration, lockout or meeting for a strike. Section 33. In the case where Thailand faces severe economic problems and a notification prohibiting a price increase of goods and services is issued, the Minister has the power to have a notification published in the Government Gazette to prohibit employees, labour unions or labour federations from submitting a claim to employers, employers associations or employers federations for an increase of wages, or to prohibit employers from increasing wages for the employees. The provisions under paragraph one shall not apply to the annual increase of wages as a bonus for employees which has already been specified by the employer, or the increasing of wages due to the change of work and duty of the employees. The notification of the Minister under paragraph one may be repealed at any time by having a notification published in the Government Gazette.

13 13 CHAPTER III LOCKOUTS AND STRIKES Section 34. An employer shall not cause a lockout nor shall employees cause a strike in the following cases; (1) where the claim has not been submitted to the other party under section 13 or where the claim has been submitted but the labour dispute is not considered as the unconcluded labour dispute under section 22 paragraph three; (2) where the party having the duty to comply with the agreement under section 18 has acted in compliance therewith; (3) where the party having the duty to comply with the agreement made by the labour dispute conciliation officer under section 22 paragraph two has acted in compliance therewith; (4) where the party having the duty to comply with the award of the labour dispute arbitrators appointed under section 25 or section 26 has acted in compliance therewith; (5) where the matter is under consideration of the Labour Relations Committee or there is a decision of the Minister under section 23 or award of the Labour Relations Committee under section 24; (6) where the matter is in the process of arbitration by the arbitrators appointed under section 25 or section 26. Whichever the case may be, the employer shall not cause a lockout nor shall the employees cause a strike without notifying the labour dispute conciliation officer and the other party in writing at least twenty four hours prior to the time of receipt of the notification. Section 35. In the case where the Minister is of the opinion that a lockout or strike may cause damage to the national economy, or may cause distress to the public, or may be detrimental to the national security, or may be contrary to the public order or good morals, the Minister shall have the following powers: (1) to order the employer causing a lockout to admit the employees back to work and pay wages at the rate previously paid to the employees; (2) to order the employees on strike to return to work;

14 14 (3) to arrange other persons to replace the employees who are absent from work due to a lockout or strike. The employer shall admit such persons to work and the employees shall be prohibited from obstructing those persons from working. The employer shall pay wages at the rate previously paid to the employees to such persons; (4) to order the Labour Relations Committee to decide the labour dispute. Section 36. In the case where there is a declaration of the Martial Law under the law on martial law or a declaration of an emergency situation under the law on public administration in an emergency situation, the Minister shall have the power to publish a notification in the Government Gazette to prohibit employers from causing a lockout or to prohibit employees from causing a strike in the entire or a part of the locality where the Martial Law or the emergency situation is declared. In the case where there is a lockout or strike before the notification of the Minister under paragraph one, the Minister shall have the power to publish a notification in the Government Gazette to order the employer causing a lockout to admit the employees back to work, or to order the employees on strike to return to work within the time period prescribed by the Minister. The notification of the Minister under paragraph one may be repealed at any time by having a notification published in the Government Gazette. CHAPTER IV LABOUR RELATIONS COMMITTEE Section 37. There shall be a committee called the Labour Relations Committee, consisting of one Chairperson and no less than eight but no more than fourteen other members, and out of this number, there shall at least be three members from the employer side and three members from the employee side. The Minister shall appoint the Chairperson and members. Section 38. The Chairperson and members under section 37 shall hold office for a term of three years. In the initial term, after the first year has expired, one-third of the number of members including the Chairperson shall vacate office by drawing lots. After the second year

15 15 has expired, one-third of the number of the remaining members including the Chairperson shall vacate office by drawing lots. In the case where there is an appointment of the new Chairperson or members to replace the Chairperson or members vacating office at the end of term or by drawing lots, the newly appointed persons shall be in office for a term of three years. In the case where there is an appointment of the new Chairperson or members to replace the Chairperson or members vacating office under section 39 (1) (2) (3) (5) (6) or (7), the newly appointed persons shall be in office for the remaining term of office of the Chairperson or members who they replace. The Chairperson or members who vacate office may be re-appointed. Section 39. In addition to vacating office on the expiration of term under section 38, the Chairperson or members vacate office upon: (1) death; (2) resignation; (3) being dismissed by the Minister; (4) being vacated by drawing lots under section 38 paragraph one; (5) being bankrupt; (6) being an incompetent or quasi-incompetent person; or (7) being imprisoned by a final judgment to a term of imprisonment. Section 40. At a meeting of the Labour Relations Committee, the presence of no less than five members, consisting of at least one member each from both the employer side and the employees side, is required to constitute a quorum. However, if the meeting is held to consider a labour dispute under section 23, section 24 or section 35(4), the presence of no less than one-half of the total number of members consisting of at least one member each from both the employer side and the employees side is required to constitute a quorum. At any meeting, if the Chairperson is not present at the meeting or is unable to perform the duties, the members present shall elect one among themselves to preside over the meeting. A resolution of the meeting shall be made by a majority of votes. In casting a vote, each member shall have one vote. In the case of an equality of votes, the Chairperson shall have an additional vote as the casting vote.

16 16 Section 41. The Labour Relations Committee shall have the following powers and duties to: (1) decide on labour disputes under section 23; (2) rules on labour disputes under section 24 or section 35(4); (3) rules on labour disputes as appointed or assigned; (4) decide on complaints under section 125 and in the case where the Labour Relations Committee rules that such act is an unfair practice, shall have the power to order the employer to admit the employees back to work and pay the employees damages or order the violator to do or refrain from doing any act as deemed appropriate; (5) to provide opinions with regard to the claim, negotiation, labour dispute settlement, strike and lockout as entrusted by the Minister; (6) to issue rules of procedure and lay down rules for consideration and decision, and ruling on labour disputes, and consideration and decision of unfair practices, and the issuance of orders of the Labour Relations Committee. Section 42. The Labour Relations Committee has the power to appoint the Labour Relations Sub-committee to find facts and provide opinions on any matter as assigned regularly or occasionally by the Labour Relations Committee. Section 43. In performing the duties, members of the Labour Relations Committee or members of the Labour Relations Sub-committee have the following powers: (1) to enter the work place of the employer, work place of the employees or offices of an employers association, labour union, employers federation or labour federation during its working hours in order to inquire for facts and examine documents as necessary; (2) to issue a letter of inquiry or summon a person to give statement or submit relevant articles or documents for consideration of the Labour Relations Committee or the Labour Relations Sub-committee. All relevant persons shall render facilities, answer the letter of inquiry, give statements or submit relevant articles or documents to the members of the Labour Relations Committee or members of the Labour Relations Sub-committee who are performing the duties under paragraph one.

17 17 Section 44. The members of the Labour Relations Committee or members of the Labour Relations Sub-committee may issue a letter to invite experts or qualified persons to give their opinions on any relevant matter. CHAPTER IV EMPLOYEES COMMITTEES Section 45. In a place of business having fifty or more employees, the employees may establish an employees committee in such place of business. In the case where more than one-fifth of the total number of employees in a place of business are members of a labour union, the employees committee shall consist of employees in such place of business whose number appointed by the labour union shall be one more than the number of the other members who are not members of the labour union. If more than one-half of the total number of employees in the place of business are members of a labour union, the labour union may appoint all the members of the employees committee. Section 15 paragraph three and paragraph four shall apply to the appointment of members of the employees committee under paragraph two mutatis mutandis. Section 46. The number of members of an employees committee shall be as follows: (1) five members for a place of business having fifty or more employees but not exceeding one hundred employees; (2) seven members for a place of business having more than one hundred employees but not exceeding two hundred employees; (3) nine members for a place of business having more than two hundred employees but not exceeding four hundred employees; (4) eleven members for a place of business having more than four hundred employees but not exceeding eight hundred employees; (5) thirteen members for a place of business having more than eight hundred employees but not exceeding one thousand and five hundred employees; (6) fifteen members for a place of business having more than one thousand and five hundred employees but not exceeding two thousand and five hundred employees;

18 18 (7) seventeen to twenty one members for a place of business having more than two thousand and five hundred employees. Rules and procedures for the election for members of the employees committee shall be prescribed by the Director-General and published in the Government Gazette. Section 47. A member of the employees committee shall hold office for a term of three years but may be re-elected or re-appointed. Section 48. In addition to vacating office on the expiration of term, a member of the employees committee vacates office upon: (1) death; (2) resignation; (3) being an incompetent or quasi-incompetent person; (4) being imprisoned by a final judgment to a term of imprisonment; (5) being dismissed by a resolution passed by more than one-half of the total number of the employees in the place of business; (6) being dismissed by the order of the Labour Court; (7) election or appointment for the whole new committee. Where a member of the employees committee vacates office before the expiration of term, there shall be an election or appointment, as the case may be, for a new member to replace the vacancy. The newly elected or appointed member under paragraph two shall be in office for the remaining term of office of the member whom he or she replaces. Section 49. There shall be an election or appointment for the whole new employees committee when: (1) the number of employees of a place of business increases or decreases by more than one-half of the previous total number of employees; (2) more than one-half of the members of the employees committee vacate office; (3) a resolution to dismiss the whole employees committee has been made by more than one-half of the employees in a place of business;

19 19 Labour Court. (4) an order to dismiss the whole employees committee has been issued by the Section 50. An employer shall arrange a meeting with the employees committee at least once every three months, or when more than one-half of the members of the employees committee or a labour union make a request with appropriate reasons in order to: (1) provide welfare for the employees; (2) carry out a consultation for specifying regulations regarding work, which will be beneficial to the employer and employees; (3) consider any complaint of the employees; (4) find ways to compromise and settle any dispute that may arise in the place of business. In the case where the employees committee thinks that any act of the employer will be unfair or cause unreasonable distress to the employees, the employees committee, employees or labour union shall have the right to request the Labour Court for decision. Section 51. In the case where any member of the employees committee or the employees committee itself fails to perform their duties in good faith, or carry out any inappropriate act which may be detrimental to the public order, or disclose any business secret of the employer without reasonable justification, the employer has the right to request the Labour Court to order such member of the employees committee or the whole employees committee to vacate office. Section 52. An employer shall be prohibited from terminating employment, reducing wages, punishing or obstructing the performance of duty of any member of the employees committee, or from doing any act which may cause any member of the employees committee unable to continue working unless the employer obtains permission to do so from the Labour Court. Section 53. An employer shall be prohibited from giving or agreeing to give money or property to a member of the employees committee, except that they are wages,

20 20 over-time wages, holiday call-back pays, bonuses, dividends or other benefits which such member of the employees committee is entitled to receive normally as an employee. CHAPTER VI EMPLOYERS ASSOCIATIONS Section 54. An employers association may be established only by virtue of the provisions of this Act. An employers association shall have objects to seek for and protect the benefits in relation to conditions of employment, and to promote good relationships between the employer and employees, and among the employers themselves. Section 55. An employers association shall have regulations and shall be registered with the Registrar. After having been registered, the employers association shall be a juristic person. Section 56. Persons having the right to establish an employers association shall be employers who carry out the same type of business, are sui juris and are of Thai nationality. Section 57. With regard to an employers association registration application, no less than three employers who have the right to establish an employers association shall be the promoters submitting the application in writing to the Registrar together with at least three copies of the draft regulation of the employers association. The application shall identify the names, ages, occupations and professions and addresses of all promoters. Section 58. The regulation of an employers association shall at least contain the following statements: (1) name to which the term employers association is attached; (2) objects of the employers association; (3) location of the office; (4) procedures for member admission and termination of memberships;

21 21 (5) rates of application and maintenance fees and methods of such payments; (6) rules on rights and duties of members; (7) rules on management, expenditure, keeping of money and other properties as well as accounting and auditing; (8) rules on methods of consideration on lockouts and methods of approval of conditions of employment agreements; (9) rules on general meetings; (10) rules on the number of members of the committee, election for members of the committee, term of office, vacation of office and meetings of the committee. Section 59. In the case where the Registrar, upon receipt of the application along with the draft regulation, is of the opinion that the applicant has the qualifications under section 56, the regulation is in accordance with section 58 and the objects are in accordance with section 54 paragraph two and not contrary to the public order, the Registration shall register the employers association and issue a certificate of registration to such employers association. If the Registrar is of the opinion that the application or the draft regulation is not in accordance with paragraph one, the Registrar shall order the applicant to make amendment thereof. After the amendment is correctly made, the Registrar shall register the employers association and issue a certificate of registration to such employers association. If the Registrar is of the opinion that the employers association could not be registered since its objects are contrary to public order, the Registrar shall issue an order rejecting the registration and notify the applicant of the rejection order and the reasons thereof without delay. The applicant shall have the right to appeal against the rejection order to the Minister by submitting an appeal in writing to the Registrar within thirty days from the date of receipt of the rejection order. The Minister shall decide on the appeal and notify the appellant of his or her decision within thirty days from the date of receipt of the appeal. In the case where the appellant is not satisfied with the decision of the Minister, the appellant shall have the right to bring the case before the Labour Court for decision.

22 22 Section 60. The Registrar shall publish the registration of an employers association in the Government Gazette. Section 61. The promoters of an employers association shall organise the first ordinary general meeting within one hundred and twenty days from the date of registration in order to have the election for members of the employer committee and assign all works to the employer committee and approve the draft regulation submitted to the Registrar under section 59. After the members of the employer committee have been elected and the draft regulation has been approved by the general meeting, a copy of the regulations and the names, addresses, occupations or professions of the members of the committee shall be registered within fourteen days from the date on which the resolution of the general meeting is made. Section 62. An amendment to the regulation of an employers association shall be made by the resolution of the general meeting and shall be registered within fourteen days from the date on which the resolution of the general meeting is made. The amendment to the regulation under paragraph one shall enter into force upon the registration by the Registrar. Section 59 shall apply mutatis mutandis to the request for the amendment to the regulation. Section 63. A person eligible to be a member of an employers association shall be an employer carrying out the same type of business. If an employer is a juristic person, such juristic person shall be deemed a member of the employers association. Section 64. A member of an employers association shall have the right to request for an examination of the membership register, documents or books of account so as to ascertain the operation of activities of the employers association s during its working hours as specified by the employer committee. In requesting for the examination under paragraph one, staff members of the employers association shall render facilities for the examination as appropriate.

23 23 Section 65. Membership of an employers association terminates upon death, resignation, dismissal by the general meeting or other cases specified in the regulation of the employers association. Section 66. For the benefits of members of an employers association, the employers association shall have the following powers and duties: (1) to make a claim, negotiate for an agreement and acknowledge an award, or make an agreement with the labour union or employees regarding its members businesses; (2) to manage and carry out an activity for the benefit of its members subject to the objects of the employers association; (3) to provide an information service regarding business undertakings for its members; (4) to provide a consulting service so as to solve a problem or get rid of a dispute with regard to management and execution of work; (5) to provide a service relating to the allocation of funds or properties for the welfare of its members or for the public interests, as the general meeting sees appropriate; (6) to collect membership subscription and maintenance fees at the rates as prescribed in the regulation of the employers association. Section 67. Where an employers association performs any of the following acts, for the benefits of its members, which are not related to politics, the employer, employers association, members of the committee, members of the sub-committee and staff members of the employers association shall be exempted from a criminal or civil allegation or action; (1) attending a negotiation to make an agreement with employees, labour unions, employers, other employers associations, labour federations or employers federations in order to claim for rights or benefits to which its members should be entitled; (2) ordering a lockout or assisting, persuading or encouraging its members to cause a lockout; (3) explaining or publishing facts regarding labour disputes; or, (4) arranging an assembly of members of the employers association. However, this excludes criminal offences in the Titles on offences relating to causing public dangers, against life and body, against liberty and reputation, against property, and penal actions in connection with the criminal offences in such Titles.

24 24 Section 68. An employers association shall have a committee to carry out its undertakings and to be its representative in doing any undertaking involving a third party. For this purpose, the committee may assign one or several members to act on its behalf. The committee may appoint a sub-committee to perform any work as assigned by the committee. Section 69. A person eligible for being elected or appointed as a member of the committee or sub-committee under section 68 shall have the following qualifications: (1) being a member of the employers association or representative of a juristic person which is a member of the employers association; (2) being of Thai nationality by birth. Section 70. An employers association may carry out any of the following acts only upon a resolution of the general meeting: (1) to amend its regulation; (2) to carry out any act which may affect the interests of its members as a whole; (3) to elect a member of the committee or an auditor, or to certify a balance sheet, annual report and budget; (4) to allocate its funds or properties for the welfare of its members or for the public interests; (5) to dissolve the employers association; (6) to merge with another employers association; (7) to establish an employers federation or become a member of an employers federation. Section 71. An employers association shall prepare a register of membership in the form prescribed by the Director General and keep it at the office ready for inspection during working hours. The employers association shall post a notice regarding its working days and hours at the office.

25 25 Section 72. The Registrar or a person entrusted by the Registrar shall have the following powers: (1) to enter the offices of an employers association during its working hours to inspect the operation of its undertakings; (2) to order a member of the committee, staff member or employee of an employers association to submit or present documents or books of account of the employers association for supplementing consideration, where a problem has arisen. (3) to question any person under (2) or summon such person for inquiry or giving statement of facts regarding the operation of undertakings of the employers association. Section 73. The Registrar has the powers to order any member of the committee or the committee of the employers association to vacate office, where it appears that such member or the committee: (1) commits any unlawful act which obstructs the performance of duty of the labour dispute conciliation officer, labour dispute arbitrator or the Labour Relations Committee; (2) carries out any undertaking not in compliance with the objects of the employers association which is contrary to the laws or public order or detrimental to the national economy or national security; or, (3) allows or agrees to allow any person who is not a member of the committee to carry out the undertakings of the employers association. The order issued under paragraph one shall be made in writing and notified to any interested person and the employers association without delay. Section 74. A person receiving an order under section 73 has the right to appeal against such order to the Minister by submitting an appeal in writing to the Registrar within fifteen days from the date of receipt of the order. The Minister shall decide on the appeal and notify the appellant of the decision within thirty days from the date of receipt of the appeal. In the case where the appellant is not satisfied with the decision of the Minister, the appellant has the right to bring the case further before the Labour Court for decision. Section 75. An employers association shall provide an annual audit and submit a balance sheet together with an audit report by an auditor to the general meeting.