Chapter 14 Labour Inspectors
About TMA Group
TMA Group is a professional company focusing on local recruitment and corporate consulting in Thailand, dedicated to providing one-stop services including recruitment, financial management, tax disposal, legal consulting, personnel management, etc. for enterprises and individuals. If you need more advice on investment in Thailand, please feel free to contact us.
Chapter 14
Labour Inspectors
Section 139. In performing his or her duties, a Labour Inspector shall have powers as follows:
(1) to enter the place of business or the office of an Employer and the workplace of Employees, during any hours of work, in order to examine the working conditions of the Employees and employment conditions; to inquire of any facts; to take photographs; to copy documents concerning employment, payment of Wages, Overtime Pay, Holiday Pay, Holiday Overtime Pay, and the Employee records; to sample material or products for analysis regarding safety at work; and to perform any other tasks in order to acquire facts for the execution of his or her powers under this Act;
(2) to issue an inquiry notice or summon an Employer, Employee, or other relevant persons to give factual statements or submit objects or relevant documents for a consideration; and
(3) to issue a written order to an Employer or Employee to comply with this Act.
Section 140. In performing his or her duties under Section 139 (1), a Labour Inspector shall produce his or her assigned identity card to the Employer or concerned persons, and the Employer or concerned persons shall render all conveniences and not obstruct the performance of duty by the Labour Inspector.
The assigned identity card of the Labour Inspectors shall be in the form prescribed by the Minister.
Section 141. An appeal against an order of the Labour Inspector under Section 139 (3) shall be made to the Director-General or any person entrusted by the Director-General within a specified period as provided in the order. The Director- General or any person entrusted by the Director-General shall determine the appeal and notify the appellant without delay, but no longer than thirty days from the date of receiving the appeal. The decision of the Director- General or any person entrusted by the Director-General shall be final.
The appeal under paragraph one shall not relieve the Employer’s obligation to take any action in compliance with the order of the Labour Inspector, unless the Director-General or the person entrusted by the Director-General issues an order otherwise or a security as provided by the Director-General or the person entrusted by the Director-General is deposited.
Where the Employer or the employee has complied with the order of the Labour Inspector under Section 139(3) or has complied with the decision of the Director-General or the person entrusted by the Director-General under paragraph one within the specified period, the criminal prosecution against the Employer or the employee shall be extinguished.
The Employer or any concerned persons shall render all conveniences and not obstruct the performance of duty of the physicians, social welfare workers, or experts described under paragraph one.
Section 142.During an inspection of the place of business or office of an Employer or the working place of an Employee, the Director-General or a person entrusted by the Director-General may arrange physicians, social welfare workers or experts appointed by the Minister to enter such places in order to give advice or to help the Labour Inspector in execution of this Act.
The Employer or any concerned persons shall render all conveniences and not obstruct the performance of duty of the physicians, social welfare workers, or experts described under paragraph one.
TMA Consulting Management has been paying attention to the updating of information through newsletters for many years, but we do not assume any responsibility for the completeness, correctness or quality of the information provided. No information contained in this article can replace the personal consultation provided by a qualified lawyer. Therefore, we do not assume any liability for damages caused by the use or non-use of any information in this article (including any kind of incomplete or incorrect information that may exist), unless it is caused intentionally or by gross negligence.
