On 30th November 2017 at Magna Carta Law Office, The Kleshas Defence College, class 17, was discussing and sharing experiences from being involved and travelling to the Buddhist dharma pilgrim in India, and to be guided in the use of principles to aid the Precept, Concentrate, Wisdom to... Read more
The purpose of the Thailand Compensation Act B.E.2537 is for the protection of the employee’s rights, when an employee suffers from danger or sickness from work.
When can an employee receive compensation?
The employer shall compensate an employee in the following situations:
If an employee suffers from danger or sickness, the employer shall make immediate appropriate medical treatment available for the employee. The employer shall pay the actual necessary medical expenses without delay when the employee informs the employer.
Work Rehabilitation Expense
If an employee needs work rehabilitation after the suffering, the employer shall pay for the employee’s expenses. This shall be in accordance with the criteria.
When an employee suffered from danger or sickness causing death or disappearance, the employer shall pay for the funeral expense to the employee’s funeral administrator at the amount of one hundred times of the highest rate of the minimum daily wages under Labour Protection Law.
In case an employee suffers from danger or sickness causing death or disappearance:
- 60% of the monthly wages where the employee is unable to work for more than 3 consecutive days. This is whether such employee has or has not lost an organ. The payment shall be made from the first day throughout the time that the employee is unable to work, but not exceeding 1 year;
- Where the employee has lost certain organs of the body, 60% of the monthly wages shall be paid in accordance with the category of the organs lost and the period of payment as prescribed by the Ministry of Labour, but not exceeding 10 years;
- 60% of the monthly wages where the employee suffers from disability. The payment shall be according to the category of disability and to the period of payment as prescribed by the Ministry of Labour, but not exceeding 15 years;
- 60% of the monthly wages in case of death or disappearance of employee, for 8 years.
Who can receive employee compensation?
When an employee suffered from danger or sickness causing death or disappearance, the following persons can receive the compensation from the employer:
- Parents of the employee;
- Spouse of the employee;
- Children under 18 years of age, except when having reached 18 years of age and still being in education at a level not higher than a bachelor degree, such person shall continue to receive his or her part throughout the period of education; or
- Children above the age of 18 suffering from disability or mental infirmity, under the care of the employee before death or disappearance. An employee’s child born within 310 days from the date of death/disappearance can receive compensation as from the delivery date.
The entitled persons shall have right to receive the compensation in equal parts.
What is the time scale to submit the petition for requesting employee compensation?
The employee must submit a claim for compensation to the Office in a locality where the employee works or resides. This is in pursuant to the form prescribed by the Secretary-General. He/she must submit it within 180 days from the date of employee’s suffering or disappearance, as the case may be.
In what circumstances does the employee shall not have the right to receive employee compensation?
The employer needs not to pay compensation if the employee’s suffering from danger or sickness is due to the following causes:
- The employee loses self-control as a result of taking intoxicating, or other addictive substances; or
- intentionally caused himself or herself to suffer danger or has allowed others to cause the suffering.