ESG Global Vision

Social policy

In force

Nationwide employers (except governmental organizations and other employees as designated in the sub-legislations)

Health and safety in workplaces is governed by the OSHA, which aims to protect persons physically working in an establishment. If an employee works on the premises of a third party, then that third party may also have to comply with the OSHA in providing safety and health measures for the employee.

The OSHA sets out mandatory requirements for employers to provide specific policies for employees, depending on the nature and characteristics of their work, including the following:

• If the employees' work is related to machinery, electrical items or working in a confined space, the employer must provide adequate safety protection measures and equipment for the employee;
• The employer must appoint a safety officer if it has two (for List 1 employers) or 20 (for List 23 employers) or more employees. The requirements relating to the seniority and experience of the safety officer depend on the number of employees working in the establishment;
• The employer must provide a medical check-up for employees working in an environment where they may be endangered from heat, light or noise, and for employees working with hazardous chemical substances;
• If an employee is injured, sick or disappears, the employer must notify the Social Security Office in the locality where the employee works, or where the employer resides, within 15 days from the date on which the employer knows (or should have known) of this; and
• If a serious accident occurs, or an employee is injured, ill or dies at work, the employer must take certain specific actions prescribed under the OSHA to notify the authorities and, if the authority finds that the employer is in violation of safety measures prescribed under the OSHA, remediate the danger.

Social policy

In force

General public

The AMLA was enacted to tackle drug trade, and combat other illegal activities such as corruption, fraud and prostitution, and established the Anti-Money Laundering Prevention and Suppression Office ("AMLO") as the regulating authority.

In 2008, a major amendment was made to the AMLA by widening the scope of criminal liability and increasing the AMLO’s power to conduct investigation and seizures. The Amendment was seen as an attempt to address the issue of perceived government corruption.

Under the AMLA:

• The targeted offences include drug trafficking, prostitution and other related sexual offenses, public fraud, fraud involving financial institutions, abuse of power by government officials, extortion and trade of contraband items;
• It is considered a crime to transfer, convert or receive the transfer of funds or property arising from the targeted criminal offences for the purpose of concealing the source of such funds;
• The authorised officials may seize without warrant, money or property that has been proven to be connected with one of the listed criminal offences; and
• Banks and other financial institutions must report all cash transactions exceeding THB 2 million, including property transactions in excess of THB 5 million.

Recent Developments

On 23 December 2022, the Anti-Money Laundering Act (No.6) B.E. 2565 became effective to amend the AMLA to:

• Provide the rights of injured party in the predicate offence where the court can order the property related to the offence to be returned or reimbursed to the injured party if the damages sustained involve their life, body, mind, freedom, health, or reputation; and
• Provide the right to claim property related to the offence i.e., any person who claims to be an interested party in the property requested by the prosecutor to be the public asset can file an application for protection of his or her rights before the court, showing the court that he or she is a bona fide and paid stakeholder, or acquires an interest in good faith and reasonably. The court may order such property to be sell or reimburse to the injured person as the case may be.

Social policy

In force

Nationwide employers (except governmental organizations, state-owned enterprises and other employees as designated in the sub-legislations, such as teachers in private schools, agricultural workers, or workers at home).

The LPA creates obligations on employers and establishes minimum rights and entitlements for employees working in Thailand. The LPA covers, amongst other things, working hours, overtime, holidays, termination, severance pay as well as other basic statutory rights connected to the employees’ human rights.

Recent Developments

A draft amendment for the LPA was recently approved by the House of Representatives. On 4 July 2022, the draft was submitted to the Senate for its approval. The key changes include:

• A definition of the term “monthly employment” in order to limit the types of employment that can only be made on a monthly basis (the amendment further defines types of employment that can be offered on a daily basis). This is similar to zero hours legislation in other jurisdictions;
• Stipulating that measures for employee management, i.e. recruiting, hiring, overtime pay, holiday pay, and holiday overtime pay increases, promotion and welfare arrangements for employees, must be equally provided without discrimination;
• Limiting hours worked per week to not to exceed 40 hours for normal work and not exceeding 35 hours for work that may endanger the health and safety of an employee;
• Increasing minimum statutory holiday allowances;
• Stipulating that employers are required to provide employees who have worked for 120 consecutive days with annual leave, for not less than 10 working days per year; and

Stipulating that the hourly minimum wage and annual base minimum wage  must be determined by the rate of economic expansion or inflation, whichever is higher.

Environmental policy

In force

Factories, which are defined as “buildings, premises, or vehicles using machine with total power from 50 horsepower or equivalent of 50 horsepower or more, or which employ 50 workers or more with or without machinery to engage in factory operation in accordance with the type or kind of factory as prescribed in the Ministerial Regulations”

The Factory Act was enacted to regulate the establishment and operation of factories. Factories are divided into three types: Type 1 which may be freely established; Type 2 which the operator is required to notify the Department of Industrial Works or the provincial Industrial Office prior to the commencement of operation; and Type 3 which requires a Factory Licence prior to setting up the factory.  Factory Licences have no expiry term.

Factory operators are required to comply with the provisions of the Factory Act and sub-provisions. Certain actions in relation to the factory require notification or approval by the regulator, such as expansion, transfer, lease, suspension of operation for more than one year or cessation of operation of the factory.

The Factory Act and its sub-legislations also impose requirements in relation to waste disposal, wastewater treatment, pollution control and environment-related matters which the factory operators must comply with. Such requirements include but are not limited to the following:

• An Annual Report on the Waste and the Materials used/created by the factory with no further use must be submitted to the Department of Industrial Works;
• Hazardous waste or materials created with no further use must be surrendered to the permitted collector and transporter or the waste treater and waste demolisher; and
• Wastewater discharging from the factory must meet the requirements in the Ministerial Regulations.

The Factory Act also imposes strict liability to the factory operators for any damaged caused by or originated from a factory operation.

Environmental policy

In force

General public

The City Planning Act provides the framework for zoning regulations, which shall be effected by the sub-legislations in the form of Ministerial Regulation to designate city plan and zoning restrictions in each area.

Under the City Planning Act, city plans are divided into the following five categories: comprehensive city plan, specific city plan, national policy plan, regional policy plan and provincial policy plan.

In the area where a Ministerial Regulation enforcing the zoning restrictions has been enforced, no person shall use the land differently from that prescribed such plan or act in contravention of the conditions of such general plan. However, possessors of such lands may continue to operate restricted activities, if those activities were conducted prior to a change in the zoning restrictions.

Environmental policy

In force

Designated projects or operations under the sub-legislations

The Environment Act was enacted to control and conserve the environment in all aspects. The Office of Natural Resources and Environmental Policy and Planning (ONEP) has the authority to set out environmental standards and qualities in all aspects including quality standards for water and air, and policies for the enhancement and conservation of the quality of various aspects of the environment, and for determining pollution control measures. It also has the authority to require business operators to prepare and submit an environmental impact assessment report prior to the commencement of constructions of certain types of projects which could have adverse effects on the environment.

Under the Environment Act, projects or operations which fall under the relevant Ministerial Regulation are required to prepare an environmental impact assessment (EIA) report or environmental health impact assessment (EHIA) report in the case that it may cause severe impact on the community in terms of environmental quality, natural resources and health.

If the project or operation is located within an Environmentally Protected Area or in Asia Industrial Estate in either Rayong or Samut Prakan Provinces, the Initial Environmental Examination (IEE) Report is required.

The above mentioned reports must meet the criteria set out in the relevant sub-legislations.

The Environment Act also upholds the “polluter pays” principle and stipulates requirements on pollution control, imposes strict liabilities and burden of proof against persons causing pollutions.

Find out more:

English version

Thai version

Environmental policy

In force

Owners of designated factories, buildings and machines as prescribed in the sub-legislations.

The ECPA was enacted to promote energy conservation and promotion of energy efficiency. It imposes obligations on owners of designated factories, buildings and machines to conserve energy, audit and analyse energy utilization of their premises, as well as targets for energy conservation. Producers and distributors of high efficiency machinery or equipment or materials to be used for energy conservation are eligible to enjoy incentives and support from time to time.

The ECPA also established the Energy Conservation Promotion Fund to finance projects and research related to the issue of energy conservation.

Environmental policy

In force

General public

The Maintain Cleanliness and Good Order of the Country Act B.E. 2535 (1992) was enacted to regulate waste disposal and promote nationwide cleanliness. The authority to collect, transport and dispose of waste was delegated to the relevant local authorities.

This act imposes requirements on the general public, which include but are not limited to the following:

• The owner or possessor of a building located close to a public footpath must maintain the cleanliness of such public footpath;
• It is prohibited to cut down, damage, or do anything that might be harmful to trees or any part of trees in a public place or public park;
• It is prohibited to pour, release, or drain any feces or urine from buildings or vehicles into a public waterway, public park or public place; and

It is prohibited to pour or drop any sewage, waste, wastewater, or any other repulsive objects into a public waterway, public road, public park, or public place.

Find out more:

English version

Thai version

Social policy

In force

General public

Under the Gender Equality Act, which is the first Thai legislation on gender equality and LGBTQI protection, discrimination based on gender identity and sexual orientation is prohibited. It also established the Gender Equality Promotion Committee and the Committee on Consideration of Unfair Gender Discrimination, which have oversight over these issues.

Employers must treat male and female employees equally in their employment, except where this is not possible due to the nature or conditions of the work. Men and women must receive equal pay for work of the same nature, value, quality and quantity.

Find out more:

English version

Thai version

Social policy

In force

General public and employers

This Act is the comprehensive rights-based law for persons with disabilities, containing strong anti-discrimination sections and establishing the National Committee for Empowerment of Persons with Disabilities.

It states that persons with disabilities shall be fully accepted in social, economic and political activities without discrimination, including accessing necessary facilities and services, and prohibits any policies, rules, regulations, measures, projects or practices of both private and governmental entities that discriminate against persons with disabilities. It also empowers disabled persons with various rights, such as rights to a disability subsidy and loan, legal aid and reduced fares for public transportation.

The Act and relevant sub-legislation further require employers to employ one disabled person for every 100 employees within the workplace  After the first 100 employees, the requirement to hire one more disabled person will be triggered by every additional number of employees exceeding 50 persons. Employers who do not employ the required proportion of disabled persons shall be required to make contributions to a fund for the empowerment of persons with disabilities

Social policy

In force

Any person or entity which is considered as a data controller or data processor

The PDPA establishes the legal framework relating to the collection, use or processing of personal data. Any collection, use, disclosure, or processing of personal data requires explicit consent by the data subject or the existence of a legal basis as provided under the PDPA.

Under the PDPA, the data subjects have the following rights:

• Right to be informed;
• Right of access:
• Right to data portability;
• Right to object;
• Right to erasure/ Right to be forgotten;
• Right to restrict processing; and
• Right to rectification.

Environmental policy

In force

Operators of hazardous businesses (as prescribed under the sub-legislations)

The PHA was enacted to provide the general public with protection in hygiene and environmental matters, and establish public health and order guidelines. This Act vests the local authorities with the power to issue local legislation on public health matters in their jurisdiction. It regulates various hygiene-related matters such as sale and storage of foods, markets, hazardous businesses, nuisance, and keeping and releasing of animals.

Certain businesses (such as food selling and storage locations) in each area may be designated by the local authorities as a hazardous business, which would then require a licence and be subject to the requirements under the act and any sub legislation, including measures requiring entities to manage pollution and the release of hazardous materials into the environment.