Pay During Temporary Layoff Under the COVID-19 Crisis

Abstract

        The objectives of this study are as follows: 1) To study and review theoretical concepts. international standards laws and measures regarding payments to employees during a temporary shutdown of business. 2) To analyze guidelines for interpreting and enforcing payments to employees during a temporary shutdown of business according to Section 75 of the Labor Protection Act B.E. 2541 during the COVID-19 outbreak. and 3) To study and suggest ways to improve the law to make it clearer and consistent with international labor standards and the spirit of labor law. To use as a guideline for solving current problems. and prevent the spread of other diseases and events that may occur unexpectedly.
        The study found that, overall, Section 75 of the Labor Protection Act B.E. 2541 and measures to provide compensation to unemployed employees from the effects of the COVID-19 outbreak It is consistent with international measures. and can provide protection and fairness to employers and employees However, it was found that there were still some problems in interpretation and enforcement. It is, therefore, proposed to amend the words in the first paragraph as follows: “In the case where the employer needs to temporarily suspend or reduce the working hours of the employees for any important business reason that affects the employer's business operations which affects the employer's business operations to the extent that the employer is unable to operate the business as usual which is not a force majeure event, the employer must pay the employee not less than 50 percent of the working day wages that the employee received before the employer ceased business throughout the period that the employer did not allow the employee to work at the place of payment according to Section 55 and within the time period for payment according to Section 70 (1).” And add paragraph two as follows: “For a shutdown of business that lasts longer than 90 days, the employee has the right to terminate the contract with the employer by complying with Section 17 and is entitled to receive financial assistance at the compensation rate according to Section 118.”