LEGAL PROBLEMS FOR LABOUR PROTECTION DURING CORONAVIRUS DISEASE 2019 PANDEMIC

Abstract

The purposes of this research were to study the legal problems for labour protection during the COVID-19 pandemic, using documentary research as the research tools. According to the study, the COVID-19 outbreak causes 10 legal problems including 1) the authorities issue an order requiring the employer’s business to temporarily close down. The employer is not required to pay wages during the closure period ordered by the authorities under section 75 of Labour Protection Act B.E. 2541 2) the employer temporally closes down business due to economic issues. In this case, the employer is required to pay wages during the closure period ordered by the authorities under section 75 of Labour Protection Act B.E. 2541 3) the employer uses Leave without pay, the temporally non-pay status and absence from duty, which granted at the employee’s request as it might affects poorly to the employee 4) the employer reduce employee’s work time which is considered as changes to employment conditions. The case is applied to 5) the employer changes employee’s work schedule as well. Next one is 6) the employer temporally closes down the business but the employee is ordered to do the work at the workplace from time to time. In this case the employer is required to pay the employee 7) the employee went to the high risk area. If the purpose were the employer’s requirement, it is counted as making benefit for the employer under section 19 of Labour Protection Act B.E. 2541 8) to terminate or lay off the employees, the employees must be paid severance depends on each employee’s length of service informed of the planned layoffs at least one pay period in advance 9) employee’s resignation, the employer is not required to pay severance for the resignation, as mentioned in section 118 of Labour Protection Act B.E. 2541 And lastly 10) switching the employees to work with new employers : This is to consider whether it relates to employers’ switch due to section 13 of Labour Protection Act B.E. 2541. In case it is not related, it may relate to switching working condition that disadvantages employees.
According to the results of the study, the writer would like to suggest that: 1) Hold to general principal of section 8 of The Civil and Commercial Law, which the COVID-19 outbreak should be regarded as force majeure according to the law. 2) Applying the good faith principle and the spirit of the law to the case which employers attempt to circumvent the law. 3) To calculate work year, the employers should consider from the real working time of the employees not from the absenteeism during the temporally close down. 4) Providing ratification to the Part-Time Work Convention Act A.D. 1994 to contribute part-time workers protection and conform to the new-normal employment. 5) Legislation according to leave without pay policy, which employers should not continue the policy more than 1 month, to protect the employees from being in non-pay status for too long. 6) Without the pandemic the working condition that disadvantages employees should be aborted. 7) Employees must get paid for working during the temporally close down. And 8) Amending the Labour law, by adding the regulation about paying wedge and calculating work year for the case which employees went to high risk area for employers’ order, following the State Enterprise Directors and Employees Act.