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Original name: พระราชบัญญัติ จัดหางานและคุ้มครองคนหางาน พ.ศ. ๒๕๒๘
Name: Employment and Job Seekers' Protection Act, B.E. 2528 [1985].
Country: Thailand
Subject(s): Employment policy, promotion of employment and employment services
Type of legislation: Law, Act
Adopted on: 1985-08-17
Entry into force:
ISN: THA-1985-L-37408
Bibliography: Labour Laws (Revised 1994), 1994, International Translations Office, Bangkok, Thailand, pp. 15-36
Act on-line Act on-line, Thailand PDF PDF (consulted on 2010-02-15)
Legislation on-line Legislation on-line Ministry of Labour, Government of Thailand PDF of Act in Thai PDF of Act in Thai (consulted on 2018-11-09)
Abstract/Citation: Subjects to a license requirement the rendering of domestic employment services as well as services in relation to the recruitment of workers to work abroad. The Act prohibits foreign employers from recruiting Thai workers directly. The Act sets out the conditions for obtaining a licence for exercising domestic and foreign employment services. The recruitment of workers to work abroad can only be exercised by companies where the manager is a Thai national. The minimum security deposit is 500.000 baht. Employment contracts for work abroad are subject to approval by the Director General of the Labour Department. Employment seekers may be subjected to prescribed physical examinations as well as selection and proficiency tests. Recruited workers are entitled to training about the legal and cultural traditions of the country of destination. The sending and repatriation expenses of the recruited workers are (implicitly) the reponsibility of the employer. The employment agency is responsible for the repatriation expenses in certain situations, inter alia, when a recruited worker is not given the job or the wage prescribed in the employment contract. On certain conditions, these expenses are recoverable from the Fund to Assist Workers Abroad established by the Act. The responsibility of the employment agency to arrange for the repatriation ceases if the recruited worker does not return to Thailand within 30 days of the expiry of the employment contract. The Act provides for measures to control its functioning and criminally sanctions violations against it. A Fund to Assist Workers Abroad is established and the Act regulates its financing, management and use.
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