Work Suspension of Employees in Thailand A Comparative Case with Malaysia

Abstract

Order of work suspension is the legal measure which employers are empowered to do by the law. Pursuant to Section 116, employers shall not suspend employees’ work in case of investigation of employees’ allegations unless employers are empowered otherwise by other work regulations or arrangements related to employment condition, which is in line with the principle of respect for the parties’ intention which has been agreed upon execution of the employment contract. Although Thai law determines the scope of employees’ work suspension, practically legal issues still occur, leading to violation of employees’ rights.

                 The result suggests that Thailand’s labour law determines that employers may suspend employees from their work for the maximum of 7 days. Nevertheless, upon consideration of the provisions, the exact number of suspensions is not clearly indicated, allowing employers to continue suspending employees’ work without limitation. This adversely affects employees’ rights as they will receive only 50 percent of the normal wage during the suspension period. When compared with Malaysian labour law, it was found that the law stipulates that work suspension for investigation is limited to 15 days to allow employers to thoroughly investigate employees and complete the process in due time. In addition, the Labour Protection Act, Section 116, only indicates that employers shall notify employees prior to the suspension. However, the period of advance notice is not stipulated. Employers may exploit this loophole to order immediate suspension against employees. The author is of the opinion that the Labour Protection Act, Section 116, should be revised to accommodate the situations and to prevent any interpretation which may bring about the lawsuit at the Labour Court in the future.