Revealing 11 important points in the law protecting domestic employees. Cabinet has approved it.

The Cabinet resolved to approve in principle the draft ministerial regulations not to enforce some labor protection laws for employers who hire employees to do housework that does not include a business.

9 Apr. 2024 – Mr. Karom Phonphonklang, Deputy Spokesman of the Prime Minister’s Office, revealed that today (9 Apr. 2024) the Cabinet has resolved to approve in principle the draft ministerial regulations not to enforce some labor protection laws. To employers who hire employees to do housework that is not included in business operations, B.E. …. as presented by the Ministry of Labor, the Ministry of Labor proposes that

1. At present, there is a Ministerial Regulation (1998) issued in accordance with the Royal Labor Protection Act, 1998, which was amended by Ministerial Regulation No. 14 (2012) issued in accordance with the Royal Act. Labor Protection Act B.E. 2541 which was issued by virtue of Section 4, paragraph two.

2. The Ministry of Labor has organized a hearing on the draft ministerial regulations on this matter through the central legal system. (www.law.go.th) between 12-27 May 2023, including a summary of the results of the hearing and a report analyzing the potential impacts of the law.

The essence of the draft law The draft Ministerial Regulation in this matter is an amendment to the Ministerial Regulation (1998) issued in accordance with the Labor Protection Act 1998, which was amended by Ministerial Regulation No. 14 (2012) issued in accordance with the provisions of the Ministerial Regulation in this matter. Labor Protection Act B.E. 2541 (1998) to increase protection according to the Labor Protection Act B.E. 2541 (1998) for employees who do domestic work that is not engaged in business as follows:

1. Have the employer announce normal working hours to employees. But one day must not exceed 8 hours, and when the total working hours are included, one week must not exceed 48 hours (Section 23).

2. The employer shall arrange for employees to have rest time during work of not less than 1 hour per day (Section 27, paragraph one).

3. Employees are entitled to leave for necessary business for not less than 3 working days per year (Section 34).

4. Employers are prohibited from allowing pregnant female employees to work between 10:00 p.m. and 6:00 a.m. to work overtime. or work on holidays (Section 39/1, paragraph one)

5. Employees who are pregnant women have the right to maternity leave for not more than 98 days per pregnancy (Section 41).

6. An employer is prohibited from terminating a female employee because of pregnancy (Section 43).

7. The employer must notify the employment and termination of employment of employees who are children under 18 years of age to the labor inspector (Section 45 (1) (3) and paragraph two).

8. Employees who are children under 18 years of age have the right to leave to attend meetings. Training seminar receive training or leave for other purposes which is organized by educational institutions or government or private agencies and the employer pays wages equal to wages on working days throughout the period of leave But a year must not exceed 30 days (Section 52)

9. Employers shall pay wages to female employees on maternity leave equal to wages on working days throughout the leave period, but not exceeding 45 days (Section 59).

10. Employers are prohibited from deducting wages, overtime pay, and holiday pay. and overtime pay on holidays Unless it is a deduction as specified in the Labor Protection Act B.E. 2541 (Section 36)

11. Employers are prohibited from paying employees less than the minimum wage (Section 90).