On 19 March 2023, the Labour Protection Act (No. 8) B.E. 2566 (2023) ("Amended LPA") was published in the Government Gazette with the goal of updating the existing labour protection law to reflect the modern trend of working from home in response to the COVID-19 pandemic. The purpose of the Amended LPA is to establish a legal framework for remote working arrangements, improve employee productivity and the quality of life, and benefit employers' business operations. The Amended LPA came into effect 30 days after its publication in the Government Gazette, or on 18 April 2023.
Pursuant to the Amended LPA, the employer and the employee may agree to permit the employee to work remotely outside the place of business or the employer's office. The employee may work at home or the residence of the employee, or work via the use of information technology at any place. Most importantly, such employee shall be entitled to the same rights as those employees working at the place of business or the office of the employer.
The agreement must be made in writing or in accessible electronic forms, which may include necessary details such as (i) the duration of the agreement; (ii) regular working hours, rest periods and overtime work; (iii) the criteria for working overtime and on holiday; (iv) the types of leave which may be taken; (v) the scope of work of the employee and the employer’s control or supervision of that work; (vi) the obligations and duties relating to the provisions of tools or equipment for the work; and (vii) relevant expenses incurred from work.
In addition, the Amended LPA provides that the employee has the right to refuse communications by whatever means from the employer or supervisor after regular working hours or after completing the assigned work, except where the employee has given a written consent in advance.
