Discover Thailand’s new Work from Home Legislation Bill 2023. Learn about labour protection amendments, remote work rights, and essential risk assessments for home offices.
The Thai government has recently passed the Work-from-Home legislation, formally known as Labour Protection Act (No. 8) B.E. 2566 (2023), amending the country’s Labour Protection Act (LPA). This significant legislative change reflects Thailand’s proactive stance in adapting to the evolving work environment, particularly influenced by the global shift towards remote work during the COVID-19 pandemic.
Key Provisions of the Work-from-Home Bill
The newly amended LPA introduces a work from home framework that allows employers and employees to agree on remote working arrangements if the nature of the job permits. This agreement must be documented, either in physical or electronic form, and should include specific details such as:
- Duration of the Agreement: Clear start and end dates for the remote work arrangement.
- Working Hours: Normal working hours, rest periods, and conditions for overtime and holiday work.
- Leave Policies: Criteria for various types of leave, including sick leave and vacation days.
- Scope of Work: Detailed description of work responsibilities and the extent of the employer’s supervision.
- Provision of Equipment: Responsibilities for providing work-related supplies and covering necessary expenses.
The recent work from home legislation emphasises the need for clear written agreements and risk assessments (OHS Act 2011) for home workspaces.
Right to Disconnect
One of the most noteworthy aspects of the new legislation is the right to disconnect. Employees working remotely now have the right to refuse any work-related communication beyond their regular working hours unless there is prior written consent. This provision aims to protect employees’ work-life balance, ensuring that remote work does not lead to unreasonable expectations for constant availability. By adopting the work from home legislation, Thailand ensures that employees have the right to disconnect after working hours.
If your facility has an Emergency Response Team or management notification of emergencies/incidents, there may be times when it’s vital to be available after normal work hours. Make sure to write this into the agreement, for those that participate in incidents and emergency teams.
Equality and Non-Discrimination
The amendment emphasizes that employees working from home should receive the same treatment as those working on-site. This includes equal access to benefits, opportunities for advancement, and protections under labour laws. The bill does not mandate remote work but allows for flexibility, encouraging employers and employees to negotiate terms that suit their specific needs.
Risk Assessments for Home Workspaces
To ensure the health and safety of employees working from home, it is crucial for employers to conduct risk assessments of home workspaces. This involves evaluating potential hazards such as ergonomic risks, ensuring that employees have appropriate furniture and equipment to prevent musculoskeletal disorders. Key factors to consider include:
- Ergonomic Workstations: Ensuring that desks, chairs, and computer setups promote good posture and reduce strain. You should develop a Work from Home Ergonomic Safety Checklist and allow workers to self-assess the work environment.
- Proper Lighting: Adequate lighting to prevent eye strain and ensure a comfortable working environment.
- Health and Safety Training: Providing employees with guidance on how to set up their home workstations effectively and maintain a healthy work routine.
- Regular Check-ins: Periodic reviews and updates to home workspace assessments to address any new risks or concerns.
Implications for Employers
Employers in Thailand are encouraged to establish clear remote work policies that align with the new legal requirements. This includes drafting comprehensive agreements that cover all aspects of remote work, from working hours to equipment provision. Additionally, companies may need to implement cybersecurity measures to protect sensitive information when employees work off-site. Employers may also find that the work from home (WFH) set-up has some ergonomic risks to employees. Companies may have to provide employees with furniture and monitors etc to support their ergonomic health while working from home.
Other options include, sourcing a nearby Co-working space for the employee to use but at the cost of the employer. Be aware that many (if not most) of the Co-working spaces, design their workspaces more for aesthetics and less for ergonomic health. Risk assess any choice of co-working space by physically visiting it and looking for ergonomic hazards.
A Cultural Shift
The enactment of the Work-from-Home Bill is a reflection of Thailand’s broader cultural shift towards more flexible work arrangements. The government has recognized the benefits of remote work, such as reduced commuting time, lower operational costs for employers, and improved quality of life for employees. This legislative change is expected to support Thailand’s efforts to modernize its labour market and enhance overall productivity.
Conclusion
Thailand’s new Work-from-Home Bill represents a significant step in modernizing the country’s labour laws to better accommodate remote work. By providing a clear legal framework for remote work agreements, protecting employees’ rights to disconnect, and ensuring equal treatment for remote workers, Thailand is paving the way for a more flexible and balanced work environment. Employers and employees alike stand to benefit from these changes, as they navigate the evolving landscape of work in the 21st century. However, as an employer it your duty to assess health risks from improperly setup workspaces at home or at chosen co-working spaces.
If you are not sure how to build a program for ergonomic health while working away from the office, we can help with:
- Procedures written by experts in health and safety.
- Risk Assessments – Self-assessment solutions and co-working site risk assessments by an expert in risk assessment.
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For more detailed information on the Work-from-Home Bill and its implications, please refer to the ASEAN Briefing.