Labour Laws Q&A ... with Supachai Manusphaibool

We do not want to create hardship for our staff through lay-offs (we can barely afford the costly severance payment). What actions, lawfully, can we take regarding our workers?

Natural attrition could be a partial answer.

Some employees leave during times of low overtime hours.

Freeze your recruitment now and try internal transfers to fill any vacancies that may arise. During the slack period, arrange for your staff to take paid holidays due to them under the law, plus bring forward the next year's vacation.

When work is temporarily more demanding, work seven to 28 days at a stretch. Weekly off days could be accumulated to be used when there is little or no work. (Get your staff to agree to the arrangement.)

Fill the slack period with skills training, readying them for the busy days.

Finally, for certain areas of work where temporary closure is inevitable, section 75 of the Labour Protection Act BE 2541 allows the employer to temporarily close operations.

A notification is needed three work days in advance. Wage payment during the temporary closure shall be maintained at 75 per cent of the normal rate.

During this closure, some employees will find other work or ask for early retirement.

Keep in mind, lay-off should be the last resort and not before some help on an alternative occupation is considered.

Supachai Manusphaibool is managing director of MR&TS, a cross-cultural management consultancy. Send your questions to mrts@ksc.th.com