Thailand
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law.
Applicable Laws
The Constitution prohibits discrimination on the basis of certain personal characteristics.
The Labor Protection Act B.E. 2541 expressly prohibits gender discrimination and sexual harassment.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Thailand.
- Nationality
- Age
- Gender
- Language
- Physical or social status
- Religion
- Education
- Political affiliation
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Sexual Harassment
Sexual harassment is not expressly defined in Thai law but is generally understood to include unwelcome behavior of a sexual nature toward a woman or a child. Sexual harassment encompasses a range of behaviors, including statements, physical conduct and display of sexually suggestive images.
Depending on its severity, sexual harassment may constitute a criminal offense.
Filing a Claim in Thailand
A claim for employment discrimination or harassment may be filed with the Department of Labor Protection and Welfare within the Ministry of Labor.
Employment discrimination and harassment claims may also be filed in court.
Potential Remedies
In Thailand, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.
- Hiring
- Transfers
- Reassignments
- Promotions
- Reinstatement to a position
- Compensation for lost wages and benefits
- Damages for injury to dignity or feelings
- Cease and desist orders
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.