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Staff Working Ot, How Much Paid?


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Refer to the labour act, this spell out exactly what the OT rates are and how they are applied, dependent on the circumstances could 1.5 X or 2 X the hour rate

So manufacturing, would that be 1,5 x hour rate?

nothing to do with the sector, but when the hours are worked..ie weekdays/weekend/public holidays...get yourself a copy of the Thai labour act, availible on-line and in English and follow what is written

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Overtime starts after 48 hours, so if you work them 6-days,8-hours a day, it’s straight-time.

When hired, workers are paid on a daily rate for the number of days they work. After two months (maybe three?) they become full time and are paid thirty days a month.

Also, you are required to give them 30 days notice to terminate, and once they are full time you have to give them 30 days notice and 30 days severance.

Be advised, if you end up in a dispute with a worker and end up at the labor department, the labor department will ALWAYS side with the worker unless you have undisputable proof of criminal activity.

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Keep in mind the straight time is considered 48 hours a week, not 40 and after 60 days you have to pay 30 days a month regardless of how many days are worked.

Work hours are 40 or 48 depending how what the "normal work week" had been declared for the job. OT is any time worked over 8 hours in a day or more than the 40 or 48 hour "normal" work week. If it is a 6x48 week, OT on Sat is 1.5, if 8x5, OT on Sat is 2x.

TH

Edited by thaihome
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Overtime starts after 48 hours, so if you work them 6-days,8-hours a day, it’s straight-time.

When hired, workers are paid on a daily rate for the number of days they work. After two months (maybe three?) they become full time and are paid thirty days a month.

Also, you are required to give them 30 days notice to terminate, and once they are full time you have to give them 30 days notice and 30 days severance.

Be advised, if you end up in a dispute with a worker and end up at the labor department, the labor department will ALWAYS side with the worker unless you have undisputable proof of criminal activity.

Ok thanks for the explanation. Yeah, I will try to avoid any big dispute.

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Keep in mind the straight time is considered 48 hours a week, not 40 and after 60 days you have to pay 30 days a month regardless of how many days are worked.

Work hours are 40 or 48 depending how what the "normal work week" had been declared for the job. OT is any time worked over 8 hours in a day or more than the 40 or 48 hour "normal" work week. If it is a 6x48 week, OT on Sat is 1.5, if 8x5, OT on Sat is 2x.

TH

Are you sure about this?

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Keep in mind the straight time is considered 48 hours a week, not 40 and after 60 days you have to pay 30 days a month regardless of how many days are worked.

Work hours are 40 or 48 depending how what the "normal work week" had been declared for the job. OT is any time worked over 8 hours in a day or more than the 40 or 48 hour "normal" work week. If it is a 6x48 week, OT on Sat is 1.5, if 8x5, OT on Sat is 2x.

TH

Are you sure about this?

Yes, but it a bit confusing because of the use of the word “holiday”. In this context the reference is to the “weekly holiday” established in section 28. What it means is if Sat is a weekly holiday and since the worker is not entitled to pay as in Para 1 of section 62 he is entitled to double time for the Sat.

http://www.lawreform.go.th/lawreform/images/th/legis/en/act/1998/9482.pdf

Section 23. The employer shall notify the ordinary working period to

the employee. The daily commencing and ending time of work of the employee shall

no longer than the working period of each category of work as prescribed by the

Ministerial Regulations, but such working period shall no longer than eight hours a

day and the total working period shall not more than forty-eight hours a week.

Section 28. The employer shall provide the weekly holiday to the

employee for not less than one day per week. The interval period between each

weekly holiday shall no longer than six days.

Section 29. The employee shall notify the traditional holiday to the

employee in advance. Such holiday shall not less than thirteen days, including the

National Labor Day as determined by the Minister.

The employer shall provide the traditional holiday with regards to the

annual public holiday, religious holiday and local custom of each locality.

In the case where any traditional holiday is the same day of the weekly

holiday, the employee shall have a day off in replace of such traditional holiday on the

next working day.

Section 61. In the case where the employer demands the employee to

do work overtime, the employer shall pay the overtime pay to the employee at the rate

of not less than one and a half times of the hourly wage rate to be paid on the working

day for the overtime hours, or not less than one and a half times of the wage to be paid

upon piece-work basis for the unit of works done by the employee who agrees to

receive wage upon piece-work basis.

Section 62. In the case where the employer demands the employee to

do work on holiday under section 28, section 29 or section 30, the employer shall pay

the holiday pay to the employee at the rate as follows:

(1) if the employee has the right to the holiday pay, the holiday pay

shall be paid at the rate of not less than one time of the hourly wage rate to be paid on

the working day per the actual working hours, or at the rate of not less than one time

of the wage paid upon piece-work basis on the working day per the piece of work

done by the employee for the employee who agrees to receive wage upon piece-work

basis;

(2) if the employee has no right to the holiday pay, the holiday pay

shall be paid at the rate of not less than two times of the hourly wage rate to be paid

on the working day per the actual working hours, or at the rate of not less than two

times of the wage paid upon unit of work basis on the working day per the unit of

work done by the employee for the employee who agrees to receive wage upon unit of

work basis.

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Overtime starts after 48 hours, so if you work them 6-days,8-hours a day, it’s straight-time.

When hired, workers are paid on a daily rate for the number of days they work. After two months (maybe three?) they become full time and are paid thirty days a month.

Also, you are required to give them 30 days notice to terminate, and once they are full time you have to give them 30 days notice and 30 days severance.

Be advised, if you end up in a dispute with a worker and end up at the labor department, the labor department will ALWAYS side with the worker unless you have undisputable proof of criminal activity.

My CPA does not agree with your information - you can be temporary full time for longer than 2 or 3 months on case by case basis....

Also I thought severance is based on how long they have worked not a flat 30 days. I wish you were correct....

Also while the labor depertment will try to help workers they are reasonable if you have a good case (even without criminal activity) thiis is based on past experience..

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Keep in mind the straight time is considered 48 hours a week, not 40 and after 60 days you have to pay 30 days a month regardless of how many days are worked.

Work hours are 40 or 48 depending how what the "normal work week" had been declared for the job. OT is any time worked over 8 hours in a day or more than the 40 or 48 hour "normal" work week. If it is a 6x48 week, OT on Sat is 1.5, if 8x5, OT on Sat is 2x.

TH

Are you sure about this?

Yes, but it a bit confusing because of the use of the word “holiday”. In this context the reference is to the “weekly holiday” established in section 28. What it means is if Sat is a weekly holiday and since the worker is not entitled to pay as in Para 1 of section 62 he is entitled to double time for the Sat.

http://www.lawreform...t/1998/9482.pdf

Section 23. The employer shall notify the ordinary working period to

the employee. The daily commencing and ending time of work of the employee shall

no longer than the working period of each category of work as prescribed by the

Ministerial Regulations, but such working period shall no longer than eight hours a

day and the total working period shall not more than forty-eight hours a week.

Section 28. The employer shall provide the weekly holiday to the

employee for not less than one day per week. The interval period between each

weekly holiday shall no longer than six days.

Section 29. The employee shall notify the traditional holiday to the

employee in advance. Such holiday shall not less than thirteen days, including the

National Labor Day as determined by the Minister.

The employer shall provide the traditional holiday with regards to the

annual public holiday, religious holiday and local custom of each locality.

In the case where any traditional holiday is the same day of the weekly

holiday, the employee shall have a day off in replace of such traditional holiday on the

next working day.

Section 61. In the case where the employer demands the employee to

do work overtime, the employer shall pay the overtime pay to the employee at the rate

of not less than one and a half times of the hourly wage rate to be paid on the working

day for the overtime hours, or not less than one and a half times of the wage to be paid

upon piece-work basis for the unit of works done by the employee who agrees to

receive wage upon piece-work basis.

Section 62. In the case where the employer demands the employee to

do work on holiday under section 28, section 29 or section 30, the employer shall pay

the holiday pay to the employee at the rate as follows:

(1) if the employee has the right to the holiday pay, the holiday pay

shall be paid at the rate of not less than one time of the hourly wage rate to be paid on

the working day per the actual working hours, or at the rate of not less than one time

of the wage paid upon piece-work basis on the working day per the piece of work

done by the employee for the employee who agrees to receive wage upon piece-work

basis;

(2) if the employee has no right to the holiday pay, the holiday pay

shall be paid at the rate of not less than two times of the hourly wage rate to be paid

on the working day per the actual working hours, or at the rate of not less than two

times of the wage paid upon unit of work basis on the working day per the unit of

work done by the employee for the employee who agrees to receive wage upon unit of

work basis.

Hmmm, its indeed a little confusing as you already stated.

It was also surprising that if a public holiday occur on a regular company holiday, the employee gets another holiday as well.

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