All employers who employ ten or more employees in Thailand are legally required to issue and announce work regulations in such workplace as stipulated by the Labour Protection Act, B.E. 2541 (the " Act "). These work regulations prescribe at least those particulars as specified by the Act, including the working hours and days, holidays and leaves of absence, termination of employment, disciplinary conducts, disciplinary actions, severance and special severance payment. Once work regulations are issued, they must also be submitted to local labour officials within seven days of the date of announcement.
Failure to prepare and submit work regulations to local labour officials may subject the employer and its responsible directors to a maximum fine of THB 20,000.
In order to facilitate the submission of work regulations to local labour officials, the Department of Labour Protection and Welfare has provided the alternative means of having employers submit online through its website, pursuant to the announcement in the Notice of Department of Labour Protection and Welfare re: Rules and Procedures concerning online work regulation submission.
To submit work regulations online, the employer will have to first register to receive a username and password. The date in which the work regulation is deemed to be submitted is the date on which the work regulations is displayed in the Department of Labour Protection and Welfare's host system.
While online submission may prove to be a convenient way for employers, as opposed to the conventional way of hand submission, it is still neither widely used by employers nor preferred by many labour officials. This lack of popularity could be because many practical questions are still left unanswered. For example, by using online submission, the employer will not receive any evidence to demonstrate that the employer has successfully submitted the work regulations. In contrast, hand submission provides such evidence when an acknowledgement of receipt is issued. Furthermore, should officials wish to propose any change to work regulations, they cannot send a revised version back to the employer electronically. Rather, it is expected that the officials may contact the employers to submit hard copies of the work regulations by hand so that proposed changes could be made to the document itself.
It is unclear as to whether the practical disadvantages of online submission could be remedied. Otherwise, hand submission is expected to continue to be the preferred method to submit work regulations.