All questions
Employment law
i Employment trends in the Thai hotel sector
In all existing structures for the hotel operation in the Thai market, a hotel owner would be the employer of hotel employees. For example, for a managed hotel, from most hotel management agreements, even though a hotel manager would act to hire hotel employees, a hotel owner would take an employer role and assume all statutory and other obligations toward each hotel employee as an employer.
From our observation (as an up-to-date, reliable survey is not yet available in our view), the hiring trend is leaning toward local employees. Notwithstanding such observed trend, the senior hotel managers of most internationally branded hotels in Thailand are still foreigners.
ii Relevant regulations
The Civil and Commercial Code, the Labour Protection Act B.E. 2541 (1998) and the Social Security Act B.E. 2533 (1990) are the main regulations that govern labour matters and regulate relationship between an employer and an employee.
Under the Labour Protection Act, the employer having at least 10 employees must prepare work rules for its employees. The work rules shall cover at least the following issues:
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