Chapter 16 Penalty Provisions
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 16
Penalty Provisions
Section 144.Any Employer who violates or fails to comply with the sections as follows: shall be penalised with imprisonment of not more than six months, or a fine not exceeding one hundred thousand baht, or both.
(1) Section 10, Section 17/1, Section 23 paragraph two, Section 24, Section 25, Section 26, Section 37, Section 38, Section 39, Section 39/1, Section 40, Section 42, Section 43, Section 46, Section 47, Section 48, Section51, Section 57/1, Section 61, Section 62, Section 63, Section 64, Section 67, Section 70, Section 71, Section 72, Section 76, Section
90 paragraph one, Section118 paragraph one or Section 118/1 paragraph two,
(2) Section 120, Section 120/1, Section 121 or Section 122 relating to failure to pay Special Severance Pay in lieu of advance notice or Special Severance Pay.
(3) The Ministerial Regulations issued under Section 22 applicable to parts pertaining to any cases of labour protection which is not pertaining to employment of a child under the age prescribed in the Ministerial Regulations as an employee or acceptance of a child under the age prescribed in the Ministerial Regulations for work or prohibition an Employer from requiring a young worker under eighteen years of age to perform any of the prohibited work or places prescribed in the Ministerial Regulations or the Ministerial Regulations issued under Section 95.
Where an Employer violates or fails to comply with Section 37, Section 38, Section 39, Section 39/1, Section 42, Section 47 or Section 48 thereby causing physical or mental harm to an employee, or causing the death of an employee, the Employer shall be penalised with imprisonment of not more than one year or a fine not exceeding two hundred thousand baht, or both.
Section 144/1 Any entrepreneur who fails to comply with Section 11/1 shall be penalised with a fine not exceeding one hundred thousand baht.
Section 145.An Employer who fails to comply with Section 23 paragraph one or paragraph three shall be penalised with a fine not exceeding five thousand baht.
Section 146.Any Employer who fails to comply with Section 15, Section 27, Section 28, Section 29, Section 30 paragraph one, Section 45, Section 53, Section 54, Section 56, Section 57, Section 58, Section 59, Section 65, Section 66, Section 73, Section 74, Section 75 paragraph one, Section 77, Section 99, Section 108, Section 111, Section 112, Section 113, Section 114, Section 115, Section 117, or fails to give an advance notice under Section 121 paragraph one or Section 139 (2) or (3), shall be penalised with a fine not exceeding twenty thousand baht.
Section 147. Any person who violates Section 16 shall be penalised with a fine not exceeding twenty thousand baht.
Section 148 Any Employer who violates Section 31 shall be penalised with imprisonment of not more than one year or a fine not exceeding two hundred thousand baht, or both.
Section 148/1 An Employer who violates Section 44 or the Ministerial Regulations issued under Section 22 applicable to parts pertaining to employment of a child under the age prescribed in the Ministerial Regulations as an employee or acceptance of a child under the age prescribed in the Ministerial Regulations for work shall be penalised with a fine from four hundred thousand baht to eight hundred thousand baht per one employee or imprisonment of not more than two years, or both.
Section 148/2 An Employer who violates Section 49, Section 50 or the Ministerial Regulations issued under Section 22 applicable to parts pertaining to prohibition of an Employer from requiring a young worker under eighteen years of age to perform any of prohibited work or places as prescribed shall be penalised with a fine from four hundred thousand baht to eight hundred thousand baht per one employee or imprisonment of not more than two years, or both.
The perpetration under paragraph one that causes physical or mental harm to an employee, or causing the death of employee, the Employer shall be penalised with a fine from eight hundred thousand baht to two million baht per one employee or imprisonment of not more than four years, or both.
Section 149. An Employer who fails to comply with Section 52, Section 55, Section 75 paragraph two, Section 90 paragraph two, Section 110 or Section 116, shall be penalised with a fine not exceeding ten thousand baht.
Section 150. Any person who fails to render any convenience, give a statement, or submit document or object as required by a summons of the Wages Committee, the Labour Welfare Committee, Sub-committee under the Committees thereof or a person entrusted by the Committee or Sub-committees there of as a case maybe, or fails to render convenience to the Labour Inspector, a physician, a social welfare officer or an expert under Section 142 shall be penalised with imprisonment of not more than one month, or a fine not exceeding two thousand baht, or both.
Section 151. Any person who obstructs the performance of any duty of the Wage Committee, the Labour Welfare Committee, Sub-committee under the Committees thereof, a person entrusted by the Committee or Sub-committee there of as a case maybe, or obstructs the performance of any duty of a Labour Inspector, a physician, a social welfare officer or an expert under Section 142 shall be penalised with imprisonment of not more than one year, or a fine not exceeding twenty thousand baht, or both.
Any person who fails to comply with an order of the Labour Inspector issued under Section 124 shall be penalised with imprisonment of not more than one year, or a fine not exceeding twenty thousand baht, or both.
Section 152. Any Employer who fails to comply with Section 96 shall be penalised with a fine not excluding fifty thousand baht.
Section 153. Any Employer who fails to comply with Section 98 shall be penalised with imprisonment of not more than one month, or a fine not exceeding two thousand baht, or both.
Section 154.(Cancelled) Section 155.(Cancelled)
Section 155/1Any Employer who fails to submit or provide a report form on conditions of employment and working conditions under Section115/1 shall be penalised with a fine not exceeding twenty thousand baht.
Section 156. Any Employee who fails to submit descriptions or fails to notify any amendments or revisions to the particulars in writing within a specified period under Section130, or submits the descriptions or notifies any revisions or amendments under Section 130 by making a false statement, shall be penalised with imprisonment of not more than six month or a fine not exceeding ten thousand baht, or both.
Section 157. Any government official who discloses any fact in relation to the business of an Employer which he or she obtains or ascertains as a result of performance under this Act, which is a fact kept confidential by the Employer normally, shall be penalised with imprisonment of not more than one month or a fine not exceeding two thousand baht, or both; unless it is disclosed for the official performance of this Act, or for the benefits of labour protection, labour relations, or the inquisition or consideration of cases.
Section 158. Whereas the offender is a juristic person, if a violation by such juristic person is due to an order or performance of any person, or a neglects order or, a neglect of a duty as required as a Managing Director or of any person who is responsible for carrying out the business of such a juristic person, the such person shall be penalised according to the provisions prescribed for such violations.
Section 159. For all violations under this Act, except for a violation under Section 157, if the following officials deem that the offender should not be penalised with imprisonment or sued in Court, he or she shall have power to settle the matters as follows:
(1) the Director-General or person entrusted by the Director-General: for a violation occurring in the Bangkok Metropolitan area; or
(2) the Governor or a person entrusted by the Governor: for a violation occurring in other provinces.
Where there is an investigation, if the inquiry officer finds that any person has committed an offence under this Act, and such person consents for settlement, the inquiry officer shall propose the case to the Director-General or the Governor, as the case may be, within seven days of the date that such person consents to settlement.
Where an offender pays the fine according to a settled amount within thirty days, the case shall be deemed extinguished under the Criminal Procedure Code.
Where an Offender refuses settlement, or consents but fails to pay the fine within the period specified in paragraph three, the case shall be further proceeded.
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.
