{"id":2116,"date":"2021-09-06T17:34:02","date_gmt":"2021-09-06T10:34:02","guid":{"rendered":"https:\/\/www.pacificprime.co.th\/blog\/?p=2116"},"modified":"2021-09-06T17:34:02","modified_gmt":"2021-09-06T10:34:02","slug":"working-from-home-and-the-right-to-disconnect-in-thailand","status":"publish","type":"post","link":"https:\/\/www.pacificprime.co.th\/blog\/working-from-home-and-the-right-to-disconnect-in-thailand\/","title":{"rendered":"Working from home and the “right to disconnect” in Thailand"},"content":{"rendered":"

When the world switched to remote working for much of 2020, employees in Thailand could work from the office. But the third wave of the outbreak in April 2021 and a sluggish vaccination rollout put the country back at square 1. For months now, many employers and employees in the Kingdom have been navigating the work-from-home life. Like many of their counterparts elsewhere, working from home has the potential to blur \u2018work\u2019 and ‘home\u2019 for Thai employees, increasing their screen time and stress levels.<\/p>\n

As we know, employees\u2019 state of mind can directly impact their productivity and engagement at work, and invariably the organization\u2019s success. While this is a strong incentive for organizations to foster a healthy work culture and prioritize mental wellbeing, did you know that employers who disregard mental wellbeing can also be faced with legal liabilities<\/strong>? In this Pacific Prime Thailand<\/a> article, we\u2019ll talk more about the \u201cright to disconnect\u201d and employer obligations in the country.<\/p>\n

\n

\"Corporate<\/a><\/p><\/div>\n\n

What is the \u201cright to disconnect\u201d?<\/h2>\n

Thanks to the internet and smartphones, employees can always access work emails – even when they’re out of the office, which has led to the \u201calways on\u201d phenomenon. As alluded to previously, working from home can exacerbate this issue as there\u2019s no longer a clear distinction as there\u2019s no distinction between being at work and at home. To tackle this issue and protect employees, many governments have begun to implement the \u201cright to disconnect\u201d. Put simply, this gives employees the right to switch off from work outside of their normal working hours.<\/p>\n

Let\u2019s look at the case of The Republic of Ireland<\/a>. All employees officially have the \u201cright to disconnect\u201d from work and have a better work-life balance, after T\u00e1naiste and Minister for Enterprise, Trade & Employment Leo Varadkar TD brought in a new Code of Practice. The T\u00e1naiste also has plans to put the right to request remote working into law. The T\u00e1naiste said:<\/p>\n

\u201cThe Code of Practice comes into effect immediately and applies to all types of employment, whether you are working remotely or not. It will help employees, no matter what their job is, to strike a better work-life balance and switch off from work outside of their normal working hours.\u201d<\/p><\/blockquote>\n

Further reading: <\/strong>Our Global Employee Benefits Trends Report 2020<\/a> explored the \u201calways on\u201d phenomenon in more depth. Keep an eye out for the 2021 edition of the report on our resource page<\/a>.<\/p>\n

Is there a \u201cright to disconnect\u201d in Thailand?<\/h3>\n

Unfortunately, there is no \u201cright to disconnect\u201d in Thailand. That said, Thai law stipulates that employers can\u2019t force employees to work outside their normal working hours and\/or days without the employees\u2019 prior consent each time. What\u2019s more, employers must also provide overtime pay if employees agree to work outside their normal working hours and\/or days.<\/p>\n

Employers should comply with these regulations even whilst employees are working from home. In order to benefit both parties, employers should ensure that work is performed efficiently during the normal working hours and\/or days, instead of resorting to asking employees to work long hours and compensate them for the overtime work.<\/p>\n

What are other employer obligations in Thailand?<\/h3>\n

Thai law also stipulates that employers must ensure safe and hygienic working conditions for employees, including protecting their health, safety, and welfare. Failure to do so makes employers liable to claims of work-related injuries. In the context of working from home, this can include work-related stress, sickness and injury, post-traumatic stress disorder (PTSD), and office syndrome.<\/p>\n

Note:<\/strong> The Workmen Compensation Fund<\/a> set up under the Workmen Compensation Act in Thailand covers medical expenses and other benefits to employees who suffer from work-related sickness and injury. The Social Security Office<\/a>, which manages the Fund, has also announced that employees who suffer from office syndrome are eligible.<\/p>\n

What practices can employers adopt to help employees disconnect?<\/h2>\n

Given that prioritizing employee mental wellbeing has a number of benefits, coupled with employer obligations under the law, employers are highly encouraged to adopt a number of practices to help employees disconnect. To begin with, employers can update their health and safety policy to reflect the new work-from-home arrangements. Following this, employers can also:<\/p>\n