Background Checks

Types of Background Checks:

• Identity Verification: Confirm through government-issued ID.
• Criminal Record Check: Conducted through Thai Police with candidate’s consent.
• Employment History Verification: Validate past employment details.
• Education Verification: Confirm academic qualifications.
• Professional License Check: Verify required licenses or certifications.

Authorization Process:

• Obtain written consent from the candidate before initiating checks.

Pre-Employment Screening Procedure:

• Initial Interview: Assess qualifications and inform about background checks.
• Identity and Document Verification: Verify identity and collect necessary documents.
• Request for Background Checks: Submit requests for criminal record, employment history, and education verification.
• Reviewing Results: Compile and review results, discuss discrepancies with the candidate.
• Final Decision: Make hiring decisions based on gathered information and interview performance, communicate respectfully.

Verification and New Hire Reporting

Employment Verification:

• Collect Required Documents: Identification, work permit, visa status, proof of qualifications and experience.
• Document Review: Verify authenticity and expiry dates, ensure work permit aligns with the position.
• Background Check: Conduct criminal background checks and verify references.
• Record-keeping: Maintain copies of all documents in the employee’s personnel file.

New Hire Reporting:

• Prepare Employment Contract: Draft and finalize compliant contracts, ensure both parties sign and retain copies.
• Report to Social Security Office: Submit SSF-1 form with employee details.
• Notify Department of Employment: Inform about new foreign employees and provide proof of work permits.
• Update Internal Records: Ensure accurate updates in the HR system and prepare for audits.

Timeline for Reporting and Verification:

• Complete verification before the new hire’s start date.
• Report new hires to the Social Security Office within 30 days of their first day.
• Report any changes in employment status immediately.

Onboarding Process & Documentation

Collecting Required Documentation

Before or on the employee’s first day, employers must collect:

• National ID card (for Thai nationals) or passport and visa (for foreigners)
• Work permit (for foreign employees)
• House registration document (for Thai nationals)
• Education and employment certificates (if relevant)
• Bank account details (for salary payments)
• Signed employment contract (preferably bilingual: Thai and English)
• Signed NDA or confidentiality agreement (if applicable)

Providing Employee Rights and Obligations

Employers are legally required to inform employees of their rights and obligations under Thai labor law, including:

• Working hours: Max 8 hours/day, 48 hours/week (or 7 hours/day for hazardous work)
• Leave entitlements: Annual leave, sick leave, maternity leave, and public holidays
• Wages and benefits: Must meet or exceed the minimum wage (THB 313–336/day depending on province)
• Social security: Mandatory registration with the Social Security Office (SSO) within 30 days of employment
• Severance pay: Based on length of service unless terminated for cause

Healthcare

Legal Requirements:

• Social Security: Employers must contribute to Thailand’s Social Security Fund, covering medical expenses, maternity leave, etc.
• Labor Protection Act: Familiarize with relevant sections related to employee welfare and benefits.

Types of Health Care Benefits:

• Basic Coverage through Social Security: Mandatory, including hospital stays, emergency scenarios, basic treatment, and certain medications.
• Private Health Insurance: Supplements, social security covers additional services, extensive treatment, or private hospital access.

Enrollment Process:

• Communication Options: Inform employees about available health care options.
• Selecting Coverage: Discuss needs with HR, review social security coverage, and explore private insurance options.
• Documentation and Forms: Complete and submit enrollment forms.
• Confirmation and Records: Receive confirmation and maintain personal records.

Retirement

Understanding Retirement Benefits:

• Governed by various laws, providing financial security after retirement.
• Primary components: Provident Fund, Social Security Fund, and retirement gratuity.

Enrollment and Contributions:

• Employees enroll through HR and contribute a percentage of their salary.
• Employers match or contribute an agreed percentage.

Withdrawal and Tax Benefits:

• Withdraw upon retirement, resignation, or other defined scenarios.
• Contributions are tax-deductible.

Social Security

Social Security Fund (SSF):

• Employees and employers contribute a portion of their salary.
• Government adds supplementary contributions.
• Retirement Pension is eligible at 55 years of age with at least 180 months of contributions.

Employment Contract Details

Contract Requirements

• Written Agreement: Although not mandatory, it is highly advised to have a written contract to prevent disputes. Contracts longer than one year must be in writing.
• Key Provisions: Contracts should clearly state job titles, duties, working hours, wage agreements, benefits, and termination conditions.
• Language: Contracts should ideally be in Thai, or if in a different language, a Thai translation should be provided.
• Probationary Period: Typically, a probation period in Thailand does not exceed 119 days, after which termination without cause entitles the employee to severance pay.

Union Rights

• Formation and Bargaining: Workers in Thailand have the right to form unions and bargain collectively. Unions must register with the Ministry of Labor to be recognized officially.

Probation Period

• There is no mandatory requirement to include a probation period, however, it is common to include a period of up to, and no more than four months.

Probation Period

Thai law does not explicitly define a maximum length for a probationary period, but it is generally understood and accepted that a reasonable period is typically up to 119 days.

Visas

At this time, Vensure does not have visa details available.

Independent Contractors

Understanding Independent Contractor Classification:

• Control and Supervision: Contractors set their hours, work pace, and methods.
• Equipment and Materials: Contractors supply their own tools and materials.
• Financial Structure: Contractors invoice for services, are paid per project, and manage their own taxes.

Legal Obligations and Agreements:

• Contract Essentials: Define tasks, payment terms, termination clauses, and confidentiality/IP rights.

Compliance with Thai Laws:

• Regulatory Oversight: Ensure contractors manage taxes independently and handle their own social security contributions and insurance.

Relationship Management and Best Practices:

• Regular Review: Periodically review contracts for compliance and satisfaction.
• Training and Resources: Provide resources and seminars on regulatory changes.
• Feedback Mechanism: Implement a formal feedback system.

Paid Time Off

Employees are entitled to a minimum of 6 days of paid annual leave after completing 1 year of service.

Public Holidays

• New Year’s Day
• Makha Bucha Day
• Chakri Day
• Songkran Festival
• Labour Day
• Coronation of King Vajiralongkorn
• Visakha Bucha Day
• Queen Suthida’s Birthday
• Asahna Bucha Day
• King Vajiralongkorn’s Birthday
• Her Majesty the Queen Mother’s Birthday Holiday
• Passing of His Majesty the Late King
• Chulalongkorn Memorial Day
• His Majesty the Late King’s Birthday
• Constitution Day Holiday
• Christmas Day
• Special Holiday
• New Year’s Eve
• Chinese New Year, Christmas Day, and the end of Ramadan are observed in Narathiwat, Pattani, Yala, and Satun provinces only.
• Labor Day is observed by all sectors except the government sector.
• Royal Ploughing Ceremony and Khao Phansa Day are observed by the government sector only.

Bereavement

Bereavement leave is not mandated by law. Whether an employee can take time off for the death of a loved one—and whether that leave is paid or unpaid—is entirely up to the employer’s internal policy.

Maternity Leave

Employees are entitled to 98 days of maternity leave, paid by Social Security at 100% of the regular salary rate for the first 45 days, followed by 50% of the regular salary rate for the remaining days.

Paternity Leave

An employee’s entitlement to paternity leave is dependent on the sector in which they work. The private sector has no statutory paternity leave, however, employees in the public sector are entitled to 15 days of paternity leave.

Parental Leave

There is no statutory parental leave in Thailand.

Sick Leave

Employees are entitled 30 days of paid sick leave per year, but it may not exceed 15 workdays with full pay. A medical certificate is required after 3 days of consecutive absence.

Termination Requirements

Employment can be terminated in Thailand where there is ‘just cause’, which includes reasons of criminal offense, employee caused willful damage, negligence causing serious damage to employer/put others at risk, employee violated work rules, regulations or orders even with written warning from employer, employee was absent for 3 consecutive days without notice or any justifiable reason or the employee is sentenced to imprisonment.

For termination without ‘just cause’, there is a high likelihood of the terminated worker filing a claim of unfair dismissal with the labor court and the Thai law tends to be more favorable to the worker’s claim. Once employment has been terminated, the employer must notify the Social Security Office. When the termination concerns a foreign worker, the employer must notify the Immigration Bureau and The Department of Employment of the Ministry of Labor. Termination payments, including the current month’s salary, unused annual leave and severance pay must be paid to the employee within three days of the date of termination.

Notice Period

Either party must provide notice as stipulated in the contract or in accordance with statutory minimums, usually one pay period.

Severance Pay

Employees are entitled to severance pay which depends on the length of service, ranging from 30 days up to 400 days of wages.

Employees terminated with cause, such as serious misconduct, may not be eligible for severance pay.

Unemployment Insurance

Eligibility for Unemployment Compensation:

• Registered under the national social security scheme.
• Made social security contributions for at least six months in the past 15 months.
• Unemployed due to involuntary reasons (e.g., employer bankruptcy or layoffs).
• Not separated due to misconduct.
• Capable of and actively seeking work.

Application Process:

• Notification of Employment Termination: Receive official termination notice.
• Register with the Employment Office: Visit within 30 days with identification and termination notice.
• Filing for Compensation: Submit application form with required documents.
• Waiting Period: Seven-day verification period.
• Receiving Compensation: Monthly disbursement through bank transfer, up to 50% of daily wage for 180 days.

Compliance Monitoring:

• Regularly update team on regulation changes.
• Conduct quarterly audits of claims.
• Provide training sessions.
• Maintain accurate records.

Anti-Discrimination Practices

Understanding Discrimination and Harassment:

• Discrimination: Unfavorable treatment based on protected characteristics in various employment aspects.
• Harassment: Unwanted conduct creating a hostile environment, including physical, verbal, or psychological behaviors.

Identifying Prohibited Behaviors:

• Derogatory remarks or slurs
• Unwelcome sexual advances
• Displaying offensive images or materials
• Mimicking or mocking accents or cultural practices
• Unjustified dismissal or unfair treatment

Reporting Procedures:

• Internal Reporting: Report incidents to supervisor or HR, escalate, if necessary, provide detailed accounts.
• Investigation Process: HR conducts confidential investigations, gathers details, and recommends corrective actions.
• Resolution and Feedback: Management addresses issue, implements disciplinary actions, and communicates outcomes.

Employee Rights and Responsibilities:

• Understand and comply with the policy
• Treat colleagues with dignity and respect
• Refrain from discriminatory or harassing behavior
• Support peers experiencing discrimination or harassment

Confidentiality Assurance:

• Handle reports and investigations with confidentiality, restrict access to authorized personnel.

Workplace Safety Standards

• Conduct Regular Safety Audits: Monthly inspections to identify and address hazards.
• Employee Safety Training: Provide initial and annual training on emergency procedures, equipment handling, and hazard prevention.
• Safety Equipment and Protective Gear: Supply and maintain necessary protective gear, regularly check for compliance.

Workers’ Compensation

• Reporting Procedures: Immediate reporting of injuries or illnesses, documented by supervisors and reported to HR within 24 hours.
• Medical Treatment and Benefits: Ensure prompt medical attention and facilitate compensation claims.
• Follow-Up and Return to Work: Maintain communication during recovery and develop return-to-work plans.

Labor Law Sanctions

• Labor Protection Act B.E. 2541 (1998): Employers must comply with regulations on maximum working hours and overtime pay. Employers are required to pay at least the minimum wage and provide statutory benefits. Violations can result in fines, imprisonment, and orders to compensate affected employees
• Labor Relations Act B.E. 2518 (1975): Collective Bargaining employers must engage in good faith negotiations with employee representatives. Dispute Resolution establishes procedures for resolving labor disputes. Non-compliance can lead to fines and other penalties
• Workmen’s Compensation Act B.E. 2537 (1994): Compensation for Injuries employers must provide compensation for work-related injuries and illnesses. Employers are responsible for covering medical expenses related to work injuries. Failure to comply can result in fines and orders to pay compensation
• Social Security Act B.E. 2533 (1990): Employers must contribute to the Social Security Fund on behalf of their employees. Employees are entitled to various benefits, including healthcare and pensions. Non-compliance can lead to fines and other penalties
• Occupational Safety, Health, and Environment Act B.E. 2554 (2011): Employers must adhere to safety standards and regulations. Employers must take measures to protect the health and environment of workers. Violations can result in fines, imprisonment, and orders to rectify unsafe conditions