UPDATES ON MINIMUM WAGE RATES ACCORDING TO
NOTIFICATION OF WAGE COMMITTEE NO. 10
After the same minimum wage rates had been implemented for almost two years, the tripartite Wage Committee, consisting of representatives from the employer, employee and government, has recently approved the new minimum wage rates effective as from 1 January 2020 onwards. The recently announced minimum wage rates vary according to province; ranging from Baht 313 to Baht 336 per day (previously; it ranged from Baht 308 to Baht 330 per day).
Please find below the summary of the minimum wage rates according to the Notification of the Wage Committee (No. 10).
|MINIMUM WAGE RATES (PER DAY)||PROVINCES|
|331||Bangkok, Nakorn Pathom, Nonthaburi, Pathum Thani, Samut Prakarn, Samut Sakorn|
|325||Krabi, Khon Kaen, Chiang Mai, Trat, Nakhon Ratchasima, Ayutthaya, Phang Nga, Lopburi, Songkhla, Saraburi, Suphanburi, Surat Thani, Nong Khai, Ubon Ratchathani|
|323||Kalasin, Chanthaburi, Nakhon Nayok, Mukdahan, Sakon Nakhon, Samut Songkhram|
|320||Kanchanaburi, Chai Nat, Nakhon Phanom, Nakhon Sawan, Nan, Bueng Kan, Buri Ram, Prachuap Khiri Khan, Phatthalung, Phitsanulok, Phetchaburi, Phetchabun, Phayao, Yasothon, Roi Et, Loei, Sa Kaeo, Surin, Ang Thong, Udon Thani, Uttaradit,|
|315||Kamphaeng Phet, Chaiyaphum, Chumphon, Chiang Rai, Trang, Tak, Nakhon Si Thammarat, Phichit, Phrae, Maha Sarakham, Mae Hong Son, Ranong, Ratchaburi, Lampang, Lamphun, Si Sa Ket, Satun, Sing Buri, Sukhothai, Nong Bua Lam Phu, Uthai Thani, Amnat Charoen|
|313||Narathiwat, Pattani, Yala,|
It should be noted that in determining the minimum wage rates, the Wage Committee is legally required to take into account the cost of living indexes, inflation rate, standard of living, production costs, prices of goods and services, business capacity, labour productivity, gross domestic product (GDP) and economic and social conditions. Pursuant to Section 90, of the Labour Protection Act BE 2541 (1998), an employer shall be prohibited from paying the employee less than the minimum wage rates prescribed in the Notification of the Wage Committee. Failing to do so, the employer shall be penalised with imprisonment not exceeding 6 months or a fine not exceeding Baht 100,000, or both. In case an offender is a juristic person (e.g. company), if such wrongdoing is caused by an order or performance of or neglects of order or neglect of a duty as required by a managing director or any persons responsible for carrying out the business of such juristic person, said person(s) will also subject to the same liabilities as the juristic person.
For legal purposes, it has been long interpreted by the labour court and labour authority that when applying “minimum wage rates per day”, a “day” consists of the normal working hours of an employee, but not exceeding eight hours for all types of work, and seven hours for work prescribed as hazardous; although employees may be assigned to work less than the stipulated hours already mentioned. This notion has been firmly established for the first time in this Notification of Wage Committee (No. 10). Should a normal working day exceed the stipulated number of hours, an overtime rate must be paid in accordance with relevant regulations.