Essay, 6 pages (1400 words)

Work rules and regulations law employment essay

Research, Legal EnvironmentContentIntroductionPart 1 Business StructureType of organizationLegal aspect related to interior design professionRegister stepsFinancial facilities-Banking-Financial FacilitiesRequirements for the establishments of the business-Environment Regulation-Government Approvals-Licenses/PermitsOperation of the business-Corporate social responsibility (CSR)-Business Ethics/Codes-Consumer Protection lawsConclusionsPart 2 Law and RegulationLabor regulation, Relation, and supply-Employer/Employee Relations-Employment Regulations-Hiring and firing requirementImport/export regulation-Custom regulation-Product labelingIntellectual property/Trade markBuilding actsConclusionsIntroductionThe purpose for this research is to understand the basic business and legal principles for Interior design firms in Thailand and International law that they are already set. We must understand and except these terms of regulation, therefore to guide us and stand for the challenge to avoid the restriction and any certain cost that will affects for our business.

Part 2 Law and Regulation


Employer/Employee Relations

An employee is a person who agrees to work for an employer in return for a wage in any title. An employer must provide the minimum standard conditions of employment. Employers cannot specify employment conditions which do not comply with minimum standards set by the Labor Protection Act.

Work Rules and Regulations

Employer that have more than ten employees needs to have written work rules and regulation send to the District Labor Office in there region. The rules and regulations must contain at least the following information: Working days, regular working hours, and rest periods. Holidays and rules for taking holidays. Rules on overtime and working on holidays. Date and place of paying wages, overtime pay, holiday pay, and holiday overtime pay. Leave and rules for taking leave. Discipline and disciplinary actions. Submission of complaints. Termination of employment, severance pay, and special severance pay.

Working hours

Working hour can be required to work a maximum of 8 hours and 48 hours a week. Overtime work that exceeds 8 hours of normal working day the employer must pay 1. 5 times the hourly wage rate. An employee working at least five hours in a day must have at least 1 hour rest period.

Employee Welfare

A business entity with 50 employees or more must have a popularly elected Welfare Committee, whose role is to look after and make recommendations regarding employee welfare.

Holidays and leave

An employee must be given at least one day off each week, mostly on Sunday. Minimum of 13 public holidays per year must be granted.

Sick Leave

Employees are entitled to sick leave when they are sick, but shall be entitled to be paid for 30 working days per year.

Maternity Leave

A pregnant employee is entitled to 90 days of maternity leave, including holidays. The employer must pay wages during the leave period, but not exceeding 45 days.

Minimum wage

The minimum wage regulation applies in every business and the rates depend on location. The minimum wages per day is 300baht

Hiring and firing requirement

Termination and Dismissal

An employee normally must be given notice of termination at least one month in advance of termination. This notice period does not apply to employees being terminated for cause. ” Cause” includes: Dishonest performance of duties or an intentional criminal offense against the employerIntentionally causing harm to the employerViolating work rules or orders of the employer for which a written warning has previously been issued to the employee (serious violations might not require a warning)Neglecting duty for three consecutive working days without justifiable reasonGross negligence causing serious harm to the employerBeing sentenced to imprisonment.

Termination without Cause

When there is termination without cause, it is compulsory that the employer give a written notice and make severance payment to the employee according to the length of unbroken service, as shown below: Period of Employment Amount of Severance PayMore than 120 days but less than 1 year 30 days wages or salaryAt least 1 year but less than 3 years 90 days wages or salaryAt least 3 years but less than 6 years 180 days wages or salaryAt least 6 years but less than 10 years 240 days wages or salaryAt least 10 years 300 days wages or salary


Employees for a fixed duration do not qualify for severance. Under the Labor Protection Act, such employees must have a written contract of not more than two years duration. Work qualifying for such a contract must be a special project not in the normal course of the employer’s business, or must be for temporary or seasonal employment.


Intellectual property refers to creations of the mind. The World Intellectual Property Organization (WIPO) states that intellectual property shall include rights relating to: literary, artistic and scientific worksperformances of performing artists, phonograms and broadcastsinventions in all fields of human endeavorscientific discoveriesindustrial designstrademarks, service marks and commercial names and designationprotection against unfair competitionand all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields. Intellectual property is divided into two main categories:

Industrial property

Industrial property includes patents, trademarks, industrial designs, and geographical indications

Copyright-related rights

Includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs


Trademarks are used to indicate the source of goods and services, and can protect words, names, symbols, sounds, or colors that distinguish goods and services from those sold by others. Trademarks can be renewed forever as long as they are being actively used in commerce. In Thailand trademark also have protection for well-known trademarks. Well-known marks that want to record their mark in Thailand must submit an application with evidence proving the reputation of their mark. Cancelation of trademark must be brought within five years from the date of registration. Nonuse marks can be cancel three year after registration. The Act provides the penalties for counterfeiting of a trademark, service mark, certification mark, or collective mark whose rights are infringed may appeal for a courtA trademark can be register if it meets the following conditions: It is distinctiveIt is not forbidden under the actIt is not identical or similar to trademarks registered by othersThere are many list of distinctiveness requirement that a trademark must meet.


A patent is a government grant of a property right that permits an inventor to exclude others from making, using, selling, offering for sale, or importing his invention. In return, the inventor must fully disclose the invention in the patent application process. Patents are territorial in that patent protection must be applied for in each country where protection is required. Not all inventions are patentable. Laws generally require that an invention fulfill the following conditions, known as the requirements or conditions of patentability: Industrial Applicability (utility). The invention must be of practical use, or capable of some kind of industrial application. Novelty. It must show some new characteristic that is not known in the body of existing knowledge (referred to as prior art) in its technical field. Inventive step (non-obviousness). It must show an inventive step that could not be deduced by a person with average knowledge of the technical field. Patentable subject matter. The invention must fall within the scope of patentable subject matter as defined by national law. This varies from one country to another. Many countries exclude from patentability such subject matter as scientific theories, mathematical methods, plant or animal varieties, discoveries of natural substances, methods for medical treatment (as opposed to medical products), and any invention where prevention of its commercial exploitation is necessary to protect public order, good morals or public health.


A copyright is a form of protection for the creators of ” original works of authorship” including literary, dramatic, musical, artistic, and other intellectual works, both published and unpublished. A copyright protects the form of expression rather than the subject matter of the work. Protection is for the whole life of the copyright creator plus a further 50 years

Types of Works

There are eight categories of copyright the may be protected: Literary worksArtistic works. Dramatic works. Musical works. Audio-visual works. Cinematographic works. Sound and video broadcasting works. Any other works of a literary, scientific, or artistic nature


In general, the penalties for infringement of copyright include fines of up to THB 200, 000. Commercial infringement may result in a higher fine of up to THB 800, 000 or imprisonment of up to four years, or both. One-half of the fines paid by the offender for infringement according to court judgment are paid to the copyright owner, who is then also entitled to bring civil action against the infringer for other damages. In case of a juristic infringement, every director and manager is regarded as a joint offender unless he or she can prove the infringement was done without his or her knowledge or consent. However, under the proposed amendment, penalties under the Copyright Act are subject to amendment.

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