New Labour Protection Act (No.8) B.E. 2566 (2023)

At a glance

• It has been almost one year since the “Work from Home Bill” was proposed to parliament.
• On 19 March 2023, the Labour Protection Act 2023 (the amended LPA) was enacted and published in the Royal Gazette.
• The amended LPA will come into force 30 days after the publication date (18 April 2023).

The amendment aims to align a current provision in the LPA to accommodate an increase in individuals working from home and choosing hybrid-working patterns following the COVID-19 pandemic.

According to the amended LPA, the employer and the employee may agree to allow the employee to work remotely, outside the employer's place of business or outside the employer's office. Doing so holds many benefits such as improving employee's quality of life and work, benefitting the employer's business operations and helping the environment by reducing pollution and the use of energy and fuel when travelling to work.

All employers will be bound by the new changes.

The agreement may be made by the employer in writing or in an electronic format which is easy to understand and access.

The following details must be included: 

• The start and the end period of the agreement.
• The day, normal work hours, rest time, and overtime work.
• The criteria on overtime work and work during holidays, including categories of leave of absence.
• The scope of work of the employee and the control or supervision of work of the employer.
• The obligations and duties relating to the procurement of work tools or equipment, including necessary expenses owing to work.

All employees have a right to disconnect at the end of their normal hours of work. This means, the employee is not obliged to respond to any form of communication made by the employer, the supervisor, the overseer, or the work inspector, outside of their normal working hours, except where the employee has given prior written consent.

In addition, employees working from their home / residence or working via the use of information technology at any place shall be entitled to the same rights as those of employees working at the employer's place of business or office.