Legal Measures to Protect the Rights of Employees to Receive Traditional Holidays according to Section 29 of the Labor Protection Act B.E. 2541

Abstract

The objectives of this research were to study: 1) the background of the concept of protecting employees' rights, 2) employers' and employees' understanding of the protection of employees' rights on traditional holidays, 3) problems and obstacles in the implementation of Section 100 of the Act, 4) the effectiveness of law enforcement measures, and 5) to propose guidelines for improving laws or practices, based on the fundamental principles and concepts of protecting employees in relation to traditional holidays designated by employers. The study was conducted through document analysis, including academic textbooks, Supreme Court judgments, and other relevant documents, as well as information obtained from electronic media. The data were compiled, analyzed, and compared to identify significant issues and problems and to propose principles for resolving them.

          The research revealed that: 1) A number of employers remain unaware of the law's underlying intent, while some employees lack awareness or confidence to exercise their rights, leading to the underutilization of holiday entitlements. 2) Some employers still lack an understanding of the law’s underlying intent, while certain groups of employees are either unaware of or reluctant to exercise their rights, resulting in the incomplete utilization of holiday entitlements. 3) The law's ambiguity creates opportunities for unfair discretion and lacks an accessible complaint mechanism, leaving certain groups of employees inadequately protected. 4) Despite legal support, the effectiveness of enforcement remains limited, especially among small businesses and informal workers. 5) It is recommended to clarify        the law, allow employees to select holidays according to their religion, develop guidelines for employers, and establish an effective and safe complaint mechanism. Additionally, customary holidays should be regionally categorized to ensure fair and equal protection for all workers.