Employers warned about forced overtime

[webfact]

Employers warned about forced overtime

By The Nation

 

The director general of the Department of Labour Protection and Welfare has warned employers demanding overtime without staff consent or extra pay they could be jailed for six months and fined Bt100,000.
 

Ananchai Uthaiwattanachep said on Friday workers on overtime must be paid at least one and a half times their usual wage – and three times as much on public holidays.

 

He said the only exception is in situations deemed “emergencies”, when overtime is essential and the worker’s consent is not required.

 

Source: http://www.nationmultimedia.com/detail/national/30347281

 

-- © Copyright The Nation 2018-06-08

[scorecard]

I wonder what emergencies means?

 

I want more production, or an emergency linked to safety etc?

[zaphod reborn]

1 hour ago, scorecard said:

I wonder what emergencies means?

 

I want more production, or an emergency linked to safety etc?

The LPA suggests that an emergency exists where if the work was not performed on an overtime basis, the employer would suffer substantial damage.  Therefore, fall dead production deadlines and labor shortages could fall under this exception.

 

Quote

Whereas the description or nature of work requires it to be performed continuously and stoppage may cause damage to the work, or it is emergency work, or other work as prescribed in the Ministerial Regulations, an Employer may require an Employee to work overtime as necessary.

 

[Thian]

Yeah finally!

 

And also tell em that after working time they should not make phonecalls about work anymore.

 

My wife has to make overtime whenever the boss wants, and that can even be untill after midnight, many days in row sometimes and that's not overtime.

 

She gets a very good salary and bonus though but still they should respect working hours and private time.

[worgeordie]

My daughter works as a receptionist at a hotel,the hotel

pays no overtime,what they do is give time off in lieu of

hours worked,so if she works 6 hrs overtime,she can

leave early by 1 hour a day,or come in an hour late,until

you have gotten back your hours of overtime worked.

 

No extra if you have to work on Sunday or Public Holidays,

and is given an extra 50 THB a night for working night shift.

so other girls have complained and were asked to resign,if

they did not, they would be sacked for some reason and not

given any recommendations,so obviously all just resign. 

 

I suspect this is what is going on in many small and medium

businesses,take any steps to keep the wage bill down,if your

staff complain,sack them or force them to resign.

 

This "Emergencies" clause  has been included just to be a  

loophole for employers to exploit. 

regards worgeordie

[attrayant]

17 hours ago, zaphod reborn said:

The LPA suggests that an emergency exists where if the work was not performed on an overtime basis, the employer would suffer substantial damage.  Therefore, fall dead production deadlines and labor shortages could fall under this exception.

 

The definition of 'emergency' is accepted.  What rationale excuses employers from paying its employees during said emergency?

[cornishcarlos]

54 minutes ago, Thian said:

 

My wife has to make overtime whenever the boss wants, and that can even be untill after midnight, many days in row sometimes and that's not overtime.

 

For sure that's not overtime ?

[zaphod reborn]

2 hours ago, attrayant said:

 

The definition of 'emergency' is accepted.  What rationale excuses employers from paying its employees during said emergency?

That's not the issue.  Employers still pay time and a half for OT.  The issue is whether the employer can require the employee to work the OT.  In normal circumstances, the employee consents to the OT assignment.  In emergencies, employers can require, and could even immediately discharge the employee for refusing to work OT.