The protection of employee working outside the establishment

Abstract

        The objective of this academic article is to present issues concerning employees working outside business establishments, examining Article 23/1 of the Labor Protection Act B.E. 2541 by examining Thai law in conjunction with the principles of the United Nations and the laws of the Philippines. The study proposes amendments to the Labor Protection Act, B.E. 2541, to enhance the protection of employees working outside business establishment. The study revealed that verbal agreements between employers and employees regarding work conducted outside of business establishment result in substantial legal complications. The manner of obtaining employee consent to work outside the business establishment: whether such consent should be sought once at the time of entering into the agreement or obtained from the employee on a case-by-case basis. Furthermore, essential welfare protections should be provided to employees working outside business establishments, and issues regarding the denial of rights upon the completion of the designated work hours, which could lead to insufficient protection for employees working outside business establishments. It is advisable to incorporate principles of international law and the laws of the Philippines, emphasizing valuable work practices and employee rights to rest. Moreover, when an employee declines to engage, the employer shall not penalize or evaluate the employee's performance based on that refusal. This practice should be clearer applied. Therefore, Thailand should amend the laws regarding agreements for employees to work outside the business establishment to include detailed specifications about the work. The manner of obtaining employee consent for working outside the business establishment must require consent on a case-by-case basis. Additionally, necessary welfare arrangements for employees working outside the business establishment must include access to clean drinking water and basic online first aid. Moreover, employees should have the right to refuse contact from the employer after work hours, including during breaks. These measures will lead to improved solutions for protecting employees who work outside the business establishment.