Thailand introduces work-from-home rules under the Labor Protection Act

The Labor Protection Act (No. 8) B.E. 2566, which was published in the Government Gazette on 19 March 2023 and will become effective on 19 April 2023, introduces to the existing Labor Protection Act B.E. 2541 (as amended) a new Section 23/1 to encourage employees and employers to agree on work-from-home or remote-work arrangements if appropriate for the nature of the work.

As stated at the end of the law, the official purposes of this new provision are to promote a work-life balance for employees and to also reduce traffic congestion and fuel consumption.

Three key takeaways from the new Section 23/1 are as follows:

1.) The law requires a work-from-home or remote-work arrangement to be made in writing and must contain the following details:

• the start and end dates of the agreement;
• normal working days and hours, break times, and overtime work;
• criteria for working overtime and working on holidays, as well as different types of leave days to which the employee is eligible;
• the scope of the employee’s responsibilities and the employer’s control or supervision of the employer; and
• responsibilities related to the provision of tools or equipment required for the work, including expenses necessary for the work.

2.) The law emphasizes that employees who work from home or work remotely are entitled to the same rights as those who work at the employer’s workplace or office.

3.) Last but not least, the law expressly states that, outside of the agreed working hours, employees may decline to respond to any communication whatsoever from the employer, supervisors, managers, etc. who contact them during such hours, unless any employee has previously given their prior written consent to such communications.

It is worth noting that there is no direct penalty imposed by the new law on the employer for non-compliance with this new provision though. Also, the law does not force or incentivize the employer to adopt any work-from-home or remote-work arrangements either.

In the absence of a special agreement on work-from-home or remote-work arrangements, the standard work rules of the employer and other terms and conditions of the employment contract between the parties, as well as the remaining provisions of the Labor Protection Act B.E. 2541 (e.g., normal working days and hours, statutory leave days, etc.) would still fully apply.

Nevertheless, the introduction of the new provision for work-from-home or remote-work arrangements is a significant step towards creating a more flexible working environment in Thailand, allowing for more flexibility and recognizing the potential benefits of technologies that facilitate a remote working environment. However, it is still too early to predict what kind of impact the new law will actually have on the employment landscape in Thailand.

Written by Wayu Suthisarnsuntorn (wayu@pisutandpartners.com) and Aiyapa Thummakul (aiyapa@pisutandpartners.com)

First published on 28 March 2023. ©

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