After long anticipation that the Government would issue work-from-home law, Thai parliament has recently passed the Labour Protection Act (No. 8) BE 2566 (2023), on 28 December 2022, to amend the Labour Protection Act BE 2541 (1998) (the “LPA”) to include the issue thereof (work from home describes work being done remotely, instead of at the employer’s establishment or premises).
Prior to the COVID-19 pandemic, like most other countries, employees in Thailand usually worked at the employer’s premises and, thus the provisions of the LPA were originally drafted and designed in conformity with such common practice at the time. However, during said pandemic, many employees worked from home and, although the pandemic has ended in Thailand and employees have returned to work at the employer’s premises, nevertheless the new hybrid work model is still popular in Thailand; whereby the employee works both from home and at the employer’s premises. Some employers have even chosen to implement 100% work from home scheme. This has raised some concerns that the employee’s rights are not well protected by such increasing trend.
The amendment to the LPA is intended to give a clear direction on how to deal with labour issues arising from working from home. The unofficial English translation of the proposed Section 23/1 of the LPA reads in essence as follows:
“For the benefit of the employer’s business operation and to promote quality of life and work performance of the employee, or in the...
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