Translation
Maritime Labour Act,
B.E. 2558 (2015)
BHUMIBOL ADULYADEJ, REX;
Given on the 1th Day of
October B.E. 2558;
Being the 70th Year of the
Present Reign.
His Majesty King Bhumibol Adulyadej is
graciously pleased to proclaim that:
Whereas it is expedient to have a law on
maritime labour;
Be it,
therefore, enacted by the King, by and with the advice and consent of the
National Legislative Assembly acting as the National Assembly, as follows:
Section
1. This Act is called the “Maritime Labour
Act, B.E. 2558”.
Section
2. This Act
shall come into force after the expiration of one hundred and eighty days from
the date of its publication in the Government Gazette.
Section
3. In this
Act:
“ship” means
a ship other than one which normally navigates in seawater for commercial purposes but shall
not include:
(1)
a ship used for fishing or other ships with similar purposes;
(2)
a ship traditionally built;
(3)
a governmentally military ship ;
(4)
other ships as prescribed by Ministerial Regulations;
“seafarer” means a person who is hired by a ship
owner or assigned to permanently work on board a ship while receiving wage but
shall not include a person working temporarily on board a ship;
“ship owner” means
(1) a person having
ownership in such ship;
(2) a renter of an empty
ship;
(3) a person who is
assigned to carry out tasks on behalf of the persons in (1) or (2);
(4) a person who is
assigned to act on behalf of the persons in (1), (2) or (3);
(5) a person who is
assigned to be a person who recruits seafarer for the benefit of the persons in
(1), (2) or (3) and such act is not a recruitment business regardless of such person being
a supervisor or being responsible for the wage of seafarers;
“master of the
ship” means a person having the highest authority in a ship;
“employment agreement of
a seafarer” means an employment contract or agreement specifying details in
accordance with this Act and shall include an agreement occurred after a negotiation
between seafarer and ship-owner;
“gross tonnage” means
the unit used to specify the size of the ship calculated in accordance with
rules for ship inspection under the law on Ship Navigation in Thai Waters;
“maritime labour
certificate” means a document issued by an agency assigned by the Minister to
certify that employment condition, working and living conditions of seafarers
are complied with this Act;
“declaration of maritime
labour compliance” means a document produced to illustrate conditions and
measures of ship owner for the execution of this Act;
“committee” means
maritime labour committee;
“normal working day”
means days specified for seafarers to carry out work as normal;
“holiday” means days
specified for seafarers to be a weekly holiday, traditional holiday or annual
holiday;
“on leave” means a day
which seafarers is on leave under this Act;
“wage” means money which
ship-owner and seafarer agrees to be paid hourly, daily, weekly, monthly or any
other period, as wage for working under the contract for the normal working
time or by calculating the outputs which such seafarer has produced during the
normal working day and it shall include money paid by ship-owner on holidays
and leave days which the seafarer does not work but has the right to receive
such wage under this Act;
“wage on working day”
means wage paid for full-time work during normal working hour;
“rate of minimum wage
for seafarer” means the rate of minimum remuneration for seafarer as prescribed
by the Minister;
“working hour” means the
time period which a seafarer is required to work and shall include normal
working hours, overtime hours, working on holiday and overtime work on holiday;
“rest hour” means the
time period outside working hours which shall not include resting from work for
a short period of time;
“overtime work” means time
worked outside or in excess of the normal hour of work hour or in excess of the
normal hour of work of each day as agreed by the ship-owner and seafarer under
this Act on working day or holiday, as the case may be;
“overtime pay” means
money paid by the ship-owner to a seafarer as compensation for working overtime
on the working day;
“recruit” means
conducting a business operation of recruitment for a job seeker in order to
select and appoint a seafarer or recruit a seafarer for a ship-owner regardless
of receipt of service fee and it shall include requesting for money or assets or other benefits for selecting
and appointing as a seafarer;
“service fee” means money or other benefits
as remuneration for recruitment;
“expense” means an expense for recruitment
service;
“license for recruitment service” means
license to recruit a job seeker to work as seafarers;
“licensee for recruitment service” means a
recruiter who obtains a license for recruiting people to be employed as
seafarers;
“recruiting agent” means a person obtained a
license to recruit who is registered as a recruiting agent for recruiting
people to be employed as seafarers;
“office” means a recruitment office of a
licensee to recruit;
“job seeker” means a person wishing to work
as a seafarer;
“Registrar”
means a Registrar of the central recruitment under the law on recruitment and
protection of job seekers;
“shipping port” means business operation
concerning shipping ports and it shall include shipyard and other related
operation or compartment of shipping ports;
“competent official” means a person appointed
by the Minister for the execution of this Act;
“Director-General” means the Director-General
of Department of Consular Affairs, the Director-General of Department of
Employment, the Director-General of Department of Marine, the Director-General
of Department of Skill Development, the Director-General of Department of
Labour Protection and Welfare, the Secretary-General of Social Security Office,
and the Director-General of Department of Health, for the execution of this Act
for the part relating to their powers and duties;
“Minister” means the Minister having charge
and control of the execution of this Act.
Section 4. Employment between
ship-owner and a seafarer under this Act shall not be subject to the law on
labour protection, the law on safety, occupational health and working
conditions, the law on social security and the law on compensation.
A ship-owner shall ensure that a seafarer is
protected in respect of social security and compensation in accordance with
rules, procedures and conditions as prescribed by the Minister of Labour.
Section 5. The Minister of Foreign
Affairs, the Minister of Transportations, the Minister of Labour and the
Minister of Public Health shall have charge and control of the execution of
this Act and each Minister shall have powers to appoint competent officials and
issue Ministerial Regulations, Rules or Notifications for the execution of this
Act, only for the parts relating to the duties or such Minister.
Ministerial Regulations, Rules or
Notifications shall be in force upon their publications in the Government
Gazette.
CHAPTER I
General Provisions
Section 6. In the case where there is
no provision of law to be applied with, the principle of conventions of
seafarers working on board a ship, customs and traditions of ship navigation or
related international terms or standards shall be applied in accordance with
each case.
For the performance of duties under this Act,
a ship-owner shall carry out all acts normally and appropriately as a ship
navigation profession.
Section 7. Demanding or obtaining of
rights or benefits under this Act shall not waive the rights or benefits which
a seafarer or a worker on board a ship shall have under other laws.
Section 8. Obligations occurred from a
ship-owner having to pay a seafarer and obligations of a ship-owner being
obliged to pay under this Act shall have a preferential right over all
properties of the ship-owner for the same level of preferential right in the
value of taxation under the Civil and Commercial Code.
Section 9. In the case where this Act
requires a ship-owner to notify any matter to a competent official, the
ship-owner shall, himself or herself, notify by mail, facsimile, electronic
transmitter or any other means in accordance with rules and procedures as prescribed
by the Director-General of Department of Labour Protection and Welfare.
Section 10. In the case where a
ship-owner is required to have documents under this Act, the ship-owner shall
ensure that such documents are in Thai and English.
Section 11. In the case where this Act
requires a ship-owner to carry any matter with expenses, the ship-owner shall
be responsible for such expenses.
Section 12. A ship owner shall ensure
that a copy of Maritime Labour Convention B.E. 2549 and this Act including its
amendments are held on board.
Section 13. A ship-owner shall not treat
a seafarer discriminately and unfairly for the reasons of differences in
origins, nationalities, languages, age, disabilities, physical conditions or
health, status of a person, economic or social status, religious belief, education
or political view.
Section 14. All cases arisen from
disputes between a ship-owner and a seafarer or heir or between such person and
official or governmental organization relating to rights and duties under this
Act shall fall within the jurisdiction of Labour Court.
CHAPTER II
Working Conditions on Board
Section 15. No ship-owner shall allow a
person under sixteen years of age to work on board a ship.
Section 16. No ship-owner shall allow a
seafarer under eighteen years of age to work on board a ship at night unless it
is a training with advanced plan, or a training in accordance with position and
duties of a seafarer whereby such seafarer shall carry out during such period.
It shall not negatively affect health and good living condition of a seafarer
with an approval of the Director-General of Department of Labour Protection and
Welfare, or a person assigned by the Director-General. In this respect, working
during nighttime shall be, at least, nine hours starting before midnight and
finishing after five o’clock.
Section 17. No ship-owner shall allow a
seafarer who is under eighteen years of age to carry out work which may be
hazardous to health or safety of a seafarer in accordance with the type of work
prescribed by the Director-General of Department of Labour Protection.
Section 18. No ship-owner shall allow a
seafarer to work on board a ship without a medical certificate illustrating
that such seafarer is fit to carry out the duties on board a ship in accordance
with rules, procedures and conditions as prescribed by the Minister of Public
Health.
Section 19. No ship-owner shall allow a
seafarer to work on board a ship except if such seafarer is trained in
accordance with rules, procedures and conditions as prescribed by the
Director-General of Marine Department.
CHAPTER III
Recruitment for a person to work as a seafarer
Section 20. No person shall recruit a
seafarer to work on board a ship except otherwise is permitted by the
Registrar.
An application for permission, permission and
issuance of license to recruit shall be in accordance with rules, procedures
and conditions as prescribed by the Minister of Labour in Ministerial
Regulations.
Section 21. An applicant to recruit a
seafarer working on board a ship shall have qualifications and not be under
prohibitions, as follows:
(1)
being of Thai nationality;
(2)
being not less than twenty
years of age;
(3)
being a licensee to recruit
whose license is under a suspension, having the license revoked, being a member
of the Board, partner or manager of a juristic person that obtains a license to
recruit and being a member of the Board, partner or manager of a juristic
person whose license to recruit is revoked under this Act;
(4)
not being a licensee whose
license is suspended, having the license revoked, being a member of the Board,
partner or manager of a juristic person that obtains a license to recruit and
being a member of the Board, partner or manager of a juristic person whose
license to recruit is revoked under the law on employment and protection of job
seekers;
(5)
being an incompetent person
or a quasi-incompetent person;
(6)
having conducted or conducted
notorious or immoral acts;
(7)
having been sentenced by a
final judgment to imprisonment as provided by law in an offence which
corruption is an element of such offence or an offence under this Act or under
the law on employment and protection of job seekers;
In
the case where an applicant for recruitment service is a juristic person, such
juristic person shall be of Thai nationality by which no less than seventy five
per cent of shares are held by persons with Thai nationality. Such juristic
person shall consist of a committee whereby no less than three –fourth of the
total members of such committee are of Thai nationality and consist of a
manager who is an agent of such juristic person with qualifications and and not be under
prohibitions in paragraph one.
Section
22. A license for recruitment
service shall expire two years as from the date of issuance of such license.
A
licensee to recruit who wish to renew the license for recruitment service shall
submit an application for no less than thirty days before such license is
expired. Upon such submission, the business operation shall continue unless the
Registrar orders not to renew the license for recruiting service.
The
renewal of license for recruitment service and permission shall be in
accordance with rules, procedures and conditions as prescribed by the Minister
of Labour in Ministerial Regulations.
Section
23. In the case
where the license for recruitment service is substantially damaged, lost or
destroyed, the licensee for recruitment service shall submit an application for
a replacement of license within fifteen days as from the date of acknowledgment
of such damage, loss or destroy.
The
submission of application and issuance of replacement of license for
recruitment shall be accordance with rules, procedures and conditions as
prescribed by the Minister of Labour in Ministerial Regulations.
Section
24. The licensee
for recruitment service shall display the license in a disclosed and
easy-to-be-seen place at an office as specified in the license.
Section
25. The office
shall be in proportion, disclosed, permanent location and not be a prohibited
place under the Rules as prescribed by the Minister of Labour.
Section
26. No licensee for
recruitment service shall move an office or establish a temporary office except
otherwise is permitted by the Registrar.
The
application and permission shall be as prescribed by Rules, by the Minister of
Labour.
Section
27. In the case
where a licensee for recruitment service which is a juristic person wishes to
change a manager, such juristic person shall submit an application to the
Registrar.
The
application and permission shall be as prescribed by Rules, by the Minister of
Labour.
Section
28. Prior to the
issuance of a license for recruiting service, an applicant shall place a
security to assure damages which may occur from the operation of the applicant
for the amount of money as prescribed by the Ministerial Regulations, by the
Minister of Labour, but such security shall not be less than five million Baht
and shall be placed before the Registrar as an assurance of the compliance of
this Act.
The
placement of security, maintenance of security, deduction of security, change
of security, deduction from the security money to compensate job seekers and
ship-owners in the case where damage occurs, a call for additional security and
return of the security shall be in accordance with rules, procedures and
conditions as prescribed by Ministerial Regulations, by the Minister of Labour.
In
the case where the security money, placed by the licensee for recruitment
service under paragraph one, is deducted as an expense under this Act, the
Registrar shall order such licensee to place additional security as specified within thirty days as from the
date of receipt of such order.
Section
29. The security
placed by the licensee for recruitment service under section 28 shall not be
within the liability of executing cases so far as the licensee has not
dissolved the business operation of recruitment service as permitted under this
Act or has dissolved the business operation of recruitment service but is not
relieved from the liability under this act.
In
the case where the licensee for recruitment service does not request for the
security to be returned within five years as from the date that the business
operation of recruitment service is dissolved, such security shall vest in the
State.
Section
30. A licensee for recruitment
service shall submit an application for registering an agent and employee whose
duties related to recruitment service before the Registrar in accordance with
rules, procedures and conditions as prescribed by Ministerial Regulations, by
the Minister of Labour.
An
agent for recruitment service shall have qualifications and not be under the
prohibitions in section 21 (1) to (7) and an employee whose duties concerning recruitment
service shall not be under the prohibitions in section 21 (3) to (7). In this
regard, an agent and employee whose duties related to recruitment service shall
not, at the same time, be an agent for recruitment service or an employee whose
duties related to recruitment service of the licensee for other recruiting
services under the law on employment and protection of job seekers.
The
licensee for recruitment service shall display the registration of agent and
employee whose duties related to recruitment service at an office for job
seekers to inspect such agent and employee.
The
license for recruitment service issued to any licensee for recruitment service shall
protect an agent and employee whose duties related to recruitment service which
such licensee has registered.
Any
act related to recruitment service of an agent and employee whose duties
related to recruitment service which the licensee has registered shall be deemed
an act of licensee for recruiting service.
Section
31. While carrying
out work outside of the office, the licensee for recruiting service, manager,
agent, or employee whose duties related to recruitment service shall present an
identification card to a concerned person.
Such
identification card of the licensee for recruiting service, manager, agent or
employee whose duties related to recruitment service shall be in accordance
with the form as prescribed by the Director-General of Department of Employment
and shall expire two years after the date of issuance.
In
the case where the identification card is substantially damaged, lost or
destroyed, the licensee for recruiting service, manager, agent, or employee
whose duties related to recruitment service shall submit an application for a
replacement of identification card within fifteen days as from the day of
acknowledgement of such damage, loss or destroy.
The
application for identification card, issuance of an identification card and
issuance of a replacement of identification card shall be as prescribed by
Rules, by the Director-General of Department of Employment.
Section
32. A manager, an
agent, or an employee whose duties related to recruitment service who vacates
from such position shall return his or her identification card to the Registrar
or the licensee for recruitment service within seven days as from the day of
vacating the position of manager, agent, or employee whose duties related to
recruiting service.
The
licensee for recruitment service who receives the identification card under
paragraph one shall return such identification card to the Registrar within
seven days as from the day of receipt of such identification card.
Section
33. The licensee or
an agent for recruitment service shall conduct a recruitment contract with a
ship-owner in accordance with the form prescribed by the Director-General of
Department of Employment.
The
licensee for recruitment service shall submit a recruitment contract which the
licensee for recruitment service or an agent has conducted with a ship-owner to
the Director-General of Department of Employment including samples of terms of
working conditions of a seafarer which a ship-owner is to conclude with a job
seeker and other evidence as prescribed by the Director-General of Department
of Employment before such job seeker works on board a ship.
Section
34. No agent for recruitment
service shall conduct a contract with a ship-owner on behalf of a licensee for recruitment
service unless otherwise is authorised, in writing, in accordance with a form
prescribed by the Director-General of Department of Employment, by the licensee
for recruitment service and the licensee notifies, in writing, the Registrar.
If
the agent for recruitment service is not authorised by the licensee or is
authorised but the authorisation letter does not conform to the form as
prescribed by the Director-General of Department of Employment, this shall not
be a reason for a ship-owner or third parity who acted in good faith to lose
their right.
Section
35. No
licensee for recruitment service shall request or accept service fee or
expenses from a job seeker except for the following expenses:
(1)
an expense for the issuance of medical certificate;
(2)
fee for a seafarer documentation issued by the
Marine Department;
(3)
passport fee or documents used for travelling but
shall not include fee for immigration stamp;
(4)
other expenses as prescribed in Ministerial
Regulations.
A
ship-owner shall be responsible for the fee or expenses incurred from
recruitment under paragraph one.
Other
fees or expenses, in additional to the specification in paragraph two, the
licensee for recruitment service shall request or accept for the amount not
exceeding the rate prescribed in Ministerial Regulations.
Section
36. A licensee for recruitment
service shall comply with the followings:
(1)
to provide a registration book of job seekers,
accounting book, and documents related to the business operation in accordance with
the form and list as prescribed by the Director-General of Department of
Employment;
(2)
to prepare and submit, to the Registrar, a monthly
report on recruitment, in accordance with the form prescribed by the
Director-General of Department of Employment, within the tenth day of the
following month;
(3)
to maintain the registration book of job seekers who
are selected and appointed, for no less than two years, for the inspection of
the competent official;
(4)
to notify, in writing, to a job seeker, the rights
and duties of a seafarer in accordance with the employment agreement of the
seafarer before or during the assignment and shall allow the job seeker to
examine such agreement before and after signing including submitting, at least,
one copy of the agreement.
If
there is an incident to be noted on the registration book of job seekers,
accounting book, or any documents related to his or her business, the licensee
for recruitment service shall write down the details of such incident in the
registration book of job seekers, accounting book, or such documents within
seven days as from the day that the incident occurs.
Section
37. The licensee
for recruitment service shall inspect if a ship-owner has laid out the method
for protecting a seafarer in a difficult condition at a foreign shipping port
in accordance with the form as prescribed by the Director-General of Department
of Employment.
In
the case where a claim relating to recruiting a person as a seafarer to work on
board a ship before the competent official, the licensee for recruitment service
shall inspect and inform the competent official within fifteen days as from the
date of receipt of the letter from the competent official.
Section
38. In the case
where a job seeker does not get to work as specified in the employment
agreement of a seafarer and such job seeker does not wish to continue such
work, the licensee for recruitment service shall arrange for the job seeker to
return to his or her domicile and pay for the transportation, accommodation,
food and other necessary expenses for such travel. The licensee shall also
notify, in writing, to the Registrar within fifteen days as from the day of
having duties to make such arrangement.
In
the case where a job seeker does not get to work as specified in the employment
agreement of a seafarer and such job seeker does not wish to return to his or
her domicile or in the case where a ship-owner gets a job seeker who does not
have qualifications as specified in the employment agreement but the ship-owner
wishes to continue to employ such job seeker, the licensee for recruitment
service shall not be responsible for such job seeker to return to the domicile
under paragraph one or paragraph two but he or she shall notify the Registrar
within fifteen days as from the day of having duties to make such arrangement.
Section
39. If the
Registrar knows of the incident which the licensee for recruitment service should
arrange for the job seeker to return to the domicile under section 38 paragraph
one or paragraph two but the licensee has not proceed within fifteen days as
from the day of the incident, the Registrar shall cooperate with related
agencies to provide assistance to such job seeker.
The
expenses occurred from the arrangement for the job seeker to return to the
domicile under paragraph one, the Registrar shall notify in writing to the
licensee for recruitment service to reimburse within the prescribed time
period. If the licensee is unable to
reimburse the money within the prescribed time period, the Registrar shall
deduct such amount of money from the security placed under section 28 and
return to the agencies providing assistance to such job seeker.
Section
40. In the case
where the licensee for recruitment service fails to comply with section 38
paragraph one and paragraph two and the job seeker has paid for the
transportation, accommodation, food, and other expenses necessary for the
arrangement to return to the domicile, the job seeker shall have the right to
submit an application, to the Registrar, for the reimbursement of such paid
expenses. If the Registrar sees that the job seeker does not get to work as
specified in the employment agreement of a seafarer and such job seeker has
paid for the arrangement for himself or herself to return home, the Registrar
shall notify, in writing, the licensee for recruitment service to reimburse
within the specified time period. If the licensee is unable to reimburse the
money within the specified time period, the Registrar shall deduct such amount
of money from the security placed under section 28 and return such money to the
job seeker.
Section
41. In the case
where the licensee for recruitment service does not reimburse the service fee
and expenses to the ship-owner under section 38 paragraph two, the Registrar
shall notify, in writing, to the licensee to reimburse such money within the
specified time period. If the licensee is unable to reimburse the money within
the specified time period, the Registrar shall deduct the amount of money for
service fee and expenses from the security placed under section 28 and return
it to the ship-owner.
Section
42. The provisions
of the law on employment and protection of job seekers for the parts relating
to the Committee on employment development and protection of job seekers,
control and rate of fee shall be applied to a recruitment service to recruit a
person as a seafarer, mutatis mutandis. The powers and duties of the
Committee on employment development and protection of job seekers shall be
deemed the powers and duties of the Committee and powers and duties of the
competent official under the law on employment and protection of job seekers
shall be deemed powers and duties of the competent official and the penalty
provisions relating to the control under the law on employment and protection
of job seekers shall be applied with the control under this Act.
CHAPTER
IV
Employment
Conditions
Section
43. A ship-owner
shall ensure that an employment agreement of a seafarer, in writing, with the
signature of the ship-owner and the seafarer and a copy of such agreement is held
on board and one copy of such agreement for the seafarer to be stored. Such
agreement shall be made available for the inspection of the competent official.
An
employment agreement of a seafarer under paragraph one shall contain, at least,
the following details:
(1) name and surname including the title of the
seafarer;
(2) date, month, year of birth and age of the seafarer;
(3) place of birth of the seafarer;
(4) current address of the seafarer;
(5) place and date of the agreement of the seafarer;
(6) place and date when the agreement comes into force;
(7) assigned position or work in duty of the seafarer;
(8) name and surname including title of the ship-owner,
in the case where the ship owner is a juristic person, names of members of the
juristic person who acts on behalf of the juristic person shall be specified;
(9) current address of the ship-owner;
(10)
name and
nationality of the ship;
(11) main route and
destination shipping port in the case where a single ship navigation is agreed;
(12)the starting
date of employment, wage, remuneration or calculation method;
(13)numbers of paid
annual holiday or calculation method;
(14)benefits from
the social security and health protection provided by the ship-owner;
(15)rights of the
seafarer to be repatriated;
(16)agreement
reached by negotiation;
(17)the termination
date or conditions for termination of contract;
(18)others as
prescribed by the Minister.
Section 44. An employment
agreement of a seafarer shall be terminated upon the specified time in the
contract or terminate upon the conditions agreed in the contract without any
notice given.
In
the case where an employment agreement of a seafarer does not specify the time
period, a ship-owner or a seafarer may terminate the employment agreement of a
seafarer by a notice given in advance to the other Party but the minimum period
of notice which must be given before is seven days or not exceeding thirty
days.
The
termination of an employment agreement of a seafarer prior to the time period
specified under the employment agreement of a seafarer shall be as agreed by a
seafarer and a ship-owner but the minimum period of notice is seven days or not
exceeding thirty days.
Section
45. If there is a
necessary or emergency reason or it conforms to the agreement between a
seafarer and a ship-owner or other reasons as prescribed by the Director-General
of the Labour Protection and Welfare, the seafarer or ship-owner may terminate
an employment agreement of a seafarer for no less than seven day notice or
within any notice given.
In
the case of termination of an employment agreement of a seafarer under
paragraph one, the seafarer shall not be liable for any damages occurred from a
breach of contract.
Section
46. The Minister of
Labour, upon the recommendation of the Committee, may prescribe the minimum
wage for a seafarer to be applied with in a ship that flies Thai flag to ensure
that the seafarer receives the rate of remuneration appropriately and fairly.
Consideration
of the rate of remuneration for a seafarer shall take into account the standard
of living, cost of operating the business, price of goods and services,
business capacity, labour productivity and economic and social environment of
the country including the customs of the employment of seafarer.
Section
47. In the case
where the Minister of Labour prescribes the minimum wage under section 46, no
ship-owner shall pay, a seafarer, the wage less than the prescribed minimum
wage.
Section
48. For the purpose
of calculating the overtime pay, in the case where a seafarer receives wage
monthly, the rate of wage per hour during the working day means a monthly wage
divided by the result of thirty times the number of hours worked on the working
day per day in average.
Section
49. A ship-owner
shall pay the wages and overtime pay correctly and in accordance with the
specified time as follows:
(1)
in the case where the wages are calculated monthly,
daily, hourly or other time period of not exceeding one month or in accordance
with units of outputs, the wages shall be paid, at least, once a month except
otherwise is agreed for the benefit of a seafarer;
(2)
in the case where the wages are calculated in
addition to (1), such wages shall be paid as agreed by a ship-owner and
seafarer;
(3)
the overtime pay shall be paid at least once a
month.
In
the case where a ship-owner dismisses a seafarer, such ship-owner shall pay the
wage and overtime pay, in accordance with the right of the seafarer, to the seafarer
within seven days as from the day of dismissal.
Section
50. In the case
where a ship-owner fails to pay wages and overtime under this Act within the
specified time as provided in section 49, such ship-owner shall pay the
interest of fifteen per cent per year to the seafarer during the time of
failure to pay.
In
the case where the ship-owner intentionally fails to pay the money under
paragraph one, upon the time period of seven days as from the payment due date,
the ship-owner shall make an additional payment of fifteen per cent of the due
amount of money every seven days.
Section
51. A ship-owner
shall arrange for a seafarer to transfer, wholly or partly, the money received
to a person specified by the seafarer in accordance with the agreed time period
by which the ship-owner may charge the actual expense from the seafarer.
Section
52. A ship owner
shall conduct a document related to the payment of wages and overtime to a
seafarer each time the payment is made and shall contain, at least, the
followings:
(1) days and working time;
(2)
outputs of the seafarer receiving wages in
accordance with the outputs by calculating in units;
(3)
the rate of wage, the amount of wage and overtime
received by each seafarer;
(4)
the exchange rate in the case where another currency
is paid and such currency is different from what is specified in the employment
agreement of a seafarer. The exchange rate shall be in accordance with the
exchange rate of the Bank of Thailand.
Section 53. In respect of
the payment of wage and overtime to a seafarer, a ship-owner shall pay at a
workplace of a seafarer except as otherwise agreed.
Section
54. No ship-owner
shall deduct the wage and overtime except otherwise is deducted for:
(1)
payment of income tax in accordance with the amount
which shall be paid by a seafarer or other payments as provided by law;
(2)
payment of labour union or organisation of
seafarers;
(3)
payment of debts of saving cooperation or other
cooperation with the same characteristics as the saving cooperation or debts
for the welfare which solely benefits a seafarer, with a consent from a
seafarer;
(4)
reserved money in accordance with the agreement
related to reserved money Fund.
In
respect of the deduction under (2), (3) and (4), each case shall not be
deducted over ten per cent and, together, it shall not be deducted over ten
fifth of the money a seafarer has the right to receive in accordance with the
specified time for payment under section 49 except as otherwise approved, in writing, by a seafarer.
Section
55. In the case where
a ship-owner requests a seafarer to work overtime, the ship-owner shall pay the
overtime to a seafarer for the rate of no less than one point two five times
the rate of wage per hour in accordance with the number of overtime hours.
Section
56. A seafarer
shall have the right for shore leave as agreed with a ship-owner except if it
is a shore leave for a reason of health and well-being in accordance with
rules, procedures and conditions as prescribed by the Director-General of
Department of Labour Protection and Welfare.
Section
57. A seafarer
shall have the right to sick leaves for the actual sick days but shall not
exceed one hundred and thirty days and shall be deemed as working days.
Section
58. A ship-owner
shall notify the normal working hours to a seafarer and specify the starting
and finishing time of each day for a seafarer. Such working hours for each day
shall not exceed eight hours and the total amount of hours for each week shall
not exceed forty eight hours.
Section
59. A ship-owner
may request a seafarer to work overtime as necessary but, when combining with
the normal working hours under section 58, it shall not exceed fourteen hours in
any twenty four hour period and shall not exceed seventy two hours in seven
days period.
Section
60. In the
case where it is necessary for safety of a ship, or for the purpose of
providing assistance to another ship or person to be rescued at sea, master of
a ship may allow a seafarer to work as necessary until the situation returns to
normality.
In
the case under paragraph one, if a master of a ship requests a seafarer on
board a ship to work during hours of rest, he or she shall allow such seafarer
to rest without delay. The master of a ship shall record the incident occurred,
reason and sign.
Section
61. On working
days, a ship-owner shall set up a short break for seafarer during working
period for no less than one hour per day. In this regard, a ship-owner and a
seafarer may agree, in advance, that each break may be less than one hour but,
in one day, the total of breaks shall not be less than one hour.
A
break during working period shall not be deemed hours of work and shall not be
counted with the numbers hours of rest in section 62.
Section
62. A ship-owner
shall set up hours of rest for a seafarer for no less than ten hours in any
twenty four hour period and shall not be less than seventy seven hour in any
seven day period.
Hours of rest may be divided into no more
than two periods, one of which shall be at least six hours in length, and the
interval between consecutive periods of rest shall not exceed fourteen hours.
Section
63. A seafarer who is pregnant shall
have the right for maternity leave for no more than ninety days per pregnancy.
Section
64. A seafarer assigned by a
ship-owner to carry out one of the following works shall not have the right to
overtime pay:
(1)
necessary
and urgent work for the safety of a ship navigating at sea, goods or people on
board a ship;
(2)
work
conducted to save a life or a person to be rescued at sea;
(3)
extra work
relating to compliance with the rules of the Customs Department, prevention of
transmitted diseases or other medical health check;
(4)
work during an extra period for a normal change of
security guard shift.
Section 65. A ship-owner
shall provide paid annual leave for no less than thirty days in a year for a
seafarer. In this regard, the ship-owner shall specify such leave in advance.
No
ship-owner shall allow a seafarer to carry out work on the annual leave except
if it is an emergency case upon the seafarer’s consent. The ship-owner may
allow the seafarer to work on such annual leave but the ship-owner shall pay
wages for the work conducted on the annual leave to the seafarer for no less
than one time of the wage calculated by number of hours worked.
In
the case where an employment agreement of a seafarer is less than one year, the
ship-owner shall calculate the annual leave proportionately.
CHAPTER
V
Repatriation
Section
66. A seafarer
shall have the right to return to the domicile or any place as agreed and a
ship owner shall arrange or pay for any expenses occurred during the travel in
the following cases:
(a)
when the time specified in an employment agreement
of a seafarer is complete while the seafarer works in a place which is not the
place specified in the employment agreement of the seafarer;
(b)
when the ship-owner is no longer able to continue
the business of ship navigation;
(c)
when the ship is wrecked or can no longer be used;
(d)
when the ship is bound for a war zone;
(e)
other cases as prescribed by the Minister.
Section 67. A ship-owner
are required to provide insurance for each seafarer in relation to repatriation
of a seafarer under section 66 and such insurance shall not be less than the
standard of international maritime insurance.
The
insurance in paragraph one shall be in accordance with rules, procedures and
conditions as prescribed by the Director-General of Marine Department.
Section
68. A ship-owner
shall not pay for the expenses incurred during the travel in section 66 in the
case of termination of contract when a seafarer conducts an offence against the
law of the flag of a state or commits a negligent offence on duty or fails to
comply with an employment agreement of a seafarer.
Section
69. In the case
where a competent official sees that a ship-owner fails to comply with section
66, the competent official shall ensure that a seafarer is repatriated under
the rules, procedures and conditions as prescribed by the Director-General of
the Customs Department.
In
the case where the competent official has proceeded under paragraph one,
Department of Consular Affairs or an assigned person shall have the right to
request exhaustively for compensation for the expenses paid under paragraph one
and other damages from the ship-owner including the interest of fifteen per
cent per year as from the day of the
payment of the expenses for repatriation of the seafarer under paragraph 66 and
shall succeed the rights, from the ship-owner, relating to assets or rights of
security under section 67.
The right to request exhaustively for compensation or succession of right
under paragraph two shall have a ten year statute of limitation as from the day
of payment of such expenses.
CHAPTER
VI
Damages
in the case where a ship is damaged or shipwreck
Section
70. In the event
where a ship is damaged or shipwreck, a ship-owner shall pay the following
persons damages:
(1)
a seafarer who is injured as a result of a damaged
ship or shipwreck;
(2)
a seafarer who receives damages as a result of a
damaged ship or shipwreck;
(3)
a seafarer who is unemployed as a result of a
damaged ship or shipwreck.
In
the case under (1) and (2), the seafarer shall request money from the
ship-owner for the actual amount paid as necessary or as damaged.
In
the case of (3), the damages shall be paid for the amount of wage the seafarer
is received under an employment agreement of a seafarer but shall not exceed a two
month wage.
CHAPTER
VII
Manning
Level
Section
71. A ship-owner
shall recruit seafarers to carry out works on board a ship and ensure that the
ship is manned by sufficient amounts of personnel, levels of work, duration of
ship navigation, distance, type and size of the ship. This is to allow the ship
to be operated efficiently and safely by taking in to account of physical
conditions of seafarers and route of the ship.
The
manning level for each type and size of ship shall be in accordance with the
rules, procedures and conditions as prescribed by the Director-General of Marine
Department.
CHAPTER
VIII
Standard
of accommodation, facilities, food and nutrition on board
Section 72. A ship-owner shall provide the following
accommodation and facilities:
(1) sleeping rooms;
(2) mess rooms;
(3) shower rooms;
(4) toilet rooms;
(5) living rooms;
(6) break room during
work;
(7) first-aid room;
(8) empty space on
the deck of the ship;
(9) working room
for mechanist officials;
(10) working room
for the navigating department;
(11)Others as prescribed by the Director-General of
Marine Department
In
additional to paragraph one, the ship-owner shall provide a religion room, if
necessary, in accordance with the religious condition of seafarers.
The
standard of accommodation and facilities under paragraph one and paragraph two
shall be in accordance with the rules, procedures and conditions as prescribed
by the Director-General of Marine Department.
Section
73. A ship-owner
shall provide services and facilities in accordance with the standard,
appropriateness, necessity and sufficiency for seafarers and shall be in
accordance with the rules, procedures and conditions as prescribed by the
Director-General of Marine Department.
Section
74. A ship-owner
shall provide food and drinking water with quality, nutritious and in the
sufficient amount for seafarers by taking into account the cultural and religion
differences of seafarers without demanding any expenses from seafarers.
The
standard of food and drinking water under paragraph one shall be in accordance
with the rules, procedures and conditions as prescribed by the Director-General
of Department of Health.
Section
75. A ship-owner
shall recruit a seafarer on board a ship in the position of chef who is
responsible for food preparation and has passed the training standard and
obtained qualifications appropriate for such position in accordance with the
rules, procedures and conditions as prescribed by the Director-General of
Department of Skill Development.
No
ship owner shall assign or hire a seafarer in the position of chef who is under
eighteen years of age.
Section
76. A ship-owner
shall ensure that a seafarer assigned to work to provide food has passed the
appropriate training standard or obtains qualifications in accordance with the
rules, procedures and conditions as prescribed by the Director-General of
Marine Department.
Section
77. A ship-owner
shall provide space and equipment relating to kitchen for providing food with
hygienic condition and nutrition, in accordance with the rules, procedures and
conditions as prescribed by the Director-General of Department of Health.
CHAPTER
IX
Medical
care, protection of life, body and hygiene of seafarers
Part I
Medical
care on board ship and ashore
Section
78. A ship-owner
shall provide a medical care room on board ship, equipments and facilities in
medical care, training of first aid and doctors or personnel whose duties are
on medical care. In this regard, it shall be in accordance with the rules,
procedures and conditions as prescribed by the Minister of Public Health.
Section
79. In the case
where a seafarer is injured or sick, a ship-owner shall provide an immediate
medical care to such seafarer in accordance with the appropriateness of such
injury or illness.
Section
80. A ship-owner
shall provide a measure of health protection of seafarers to ensure the
immediate receipt of medical care on board ship and ashore.
The
measure under paragraph one shall be as prescribed by the Minister of
Transportation in the Ministerial Regulations.
Part II
Liabilities
of a ship-owner towards a seafarer
Section 81. A ship-owner is liable to seafarers
in the followings cases:
(1)
the costs
for seafarers working on their ships in respect of sickness and injury of the
seafarers occurring between the date of commencing duty and the date upon which
they are deemed duly repatriated;
(2)
expense relating to financial security as
follows:
(a)
In the case
where a seafarer is dead or disable for a long period of time due to injury,
sickness or harm resulting from work to ensure compensation;
(b)
in the case
where a seafarer is abandoned;
(c)
other cases as prescribed by the Minister of Labour;
(3)
the expense
of medical care, medical treatment, the supply of the necessary medicines and
therapeutic appliances, food and lodging
away from home until the sick or injured seafarer has recovered, or until the
sickness or incapacity has been declared of a permanent character, as agreed by
the ship-owner and seafarer. In this regard, it shall not be less than sixteen weeks from the day of the
injury or the commencement of the sickness until the seafarer is repatriated
except if injury incurred otherwise than in the service of the ship-owner, injury or sickness due to the willful misconduct of
the seafarer; or sickness or infirmity
intentionally concealed when the engagement is entered into.
(4)
the cost of burial and
other expenses in the case of death occurring on board or ashore during the
period of duty under the employment contract;
(5)
other
expenses as provided in the Minister Regulations.
Part III
Accident prevention and safety protection and hygiene
Section
82. A ship-owner shall ensure that seafarers on board a ship are
provided with management, arrangement, and procedures in safety and hygiene
environment in accordance with the standard prescribed by the Minister of
Transportations, Minister of Labour, or Minister of Public Health, as the case
may be.
Section
83. A ship-owner shall provide, on
board a ship, tools or equipments for occupational safety and specify measure
for occupational safety on board in accordance with the standard prescribed by
the Minister of Transportations in the Ministerial Regulations.
A seafarer shall use the tools or
equipments for safety and shall comply with the measures for safety on board a
ship as specified by the ship-owner.
Section
84. A ship-owner shall ensure that
seafarers are provided with training on safety, hygiene and environment, on
board a ship, in accordance with the rules, procedures and conditions as
prescribed by the Director-General of Marine Department.
Section
85. In the event of serious incident
at sea resulting in a seafarer being injured or loses their lives, a ship-owner
of the master of the ship shall, without delay, report to the competent
official.
The
implementation under paragraph one shall be in accordance with
the rules, procedures and conditions as prescribed by the Director-General of
Marine Department.
CHAPTER X
Maritime Labour Certificate and
Declaration of Maritime Labour Compliance
Section
86. A ship of five hundred gross
tonnage or over, engaged in international voyages are required to obtain a maritime labour certificate
certifying that the working and living conditions of seafarers on the ship are
complied with the conditions as specified in the declaration of maritime labour
compliance issued under this Act.
Section
87. Rules and procedures in the
submission of an application for maritime labour certificate and declaration of
maritime labour compliance, form of the maritime labour certificate and
declaration of maritime labour compliance, issuance of the temporary certificate,
time period and renewal of maritime labour certificate and declaration of
maritime labour compliance, inspection and revocation of maritime labour
certificate and declaration of maritime labour compliance shall be as
prescribed by the Director-General of Marine Department and the
Director-General of Department of Labour Protection and Welfare.
Rules,
procedures and conditions concerning the appeal of the issuance of maritime
labour certificate and declaration of maritime labour compliance, renewal and
revocation of maritime labour certificate and declaration of maritime labour
compliance shall be as prescribed, in the Ministerial Regulations, by the
Minister of Transportations and the Minister of Labour.
Section
88. The inspection
of a ship and issuance of Martine
Labour Certificate and endorsement on the certificate may be made by the
authorised person or recognised organisations from the Marine Department.
The
specification of qualifications, rules, procedures and conditions of
authorisation, withdrawal of the authorisation, performance evaluation method
and announcement of the list of persons under paragraph one shall be as
prescribed, in the Ministerial Regulations, by the Minister of Transportations.
CHAPTER XI
On-board complaint procedure
Section
89. A ship-owner shall ensure that documents with complaint
procedure relating to employment conditions, working and living conditions of
seafarers are provided to seafarers under this Act.
In
the case where a seafarer files a complaint under paragraph one, the ship-owner
shall conduct a factual inquiry and report the result to the seafarer openly
and without delay.
Such
complaint shall not waive the right of seafarer to file a complaint to a
governmental agency, a State where the ship fly its flag, or the port state or
relevant governmental organisations which such seafarer holds the nationality.
No
ship-owner shall terminate the employment or conduct any act which may
negatively affect or result in the seafarer or related person being unable to
work due to the complaint filed or being a witness under paragraph two and
paragraph three.
CHAPTER XII
The right to form a union and bargain
Section 90. Seafarers or ship-owners have the rights to form a union in order to
bargain or request the rights or benefits relating to employment condition and
working conditions under this Act.
Section 91. Seafarers or ship-owners has
the right to form an organisation to provide and protect the benefits relating
to employment condition and promote good relationship between one another.
Section 92. In regard to the right to
form a union and bargain under section 90 and the right to establish an
organisation under section 91, the law on labour relations or the law on state
enterprise labour relations shall apply, mutatis mutandis, as the case
may be.
To provide, or change and precede an
agreement on employment conditions and other relevant matters, the law on
labour relations or the law on state enterprise labour relations shall apply, mutatis
mutandis, as the case may be.
In the case under paragraph one and paragraph
two, seafarers shall be deemed employees, ship-owners shall be deemed employers
and competent officials under this Act shall be deemed labour dispute
negotiator, as the case may be.
The Minister of Labour shall have the power
to issue Notifications for execution of this section.
Employment condition under this section means
employment or working conditions, accommodation, entertainment facilities,
food, food providing, days and time of work, wages, termination of employment,
or other benefits of the ship-owners or seafarers relating to employment or
working.
Section 93. The Minister of Labour shall
have the powers to issue the Ministerial Regulations to prescribe the rules,
procedures, and conditions relating to maritime labour dispute settlement,
lock-out, and strike, unfair conduct and others related matters for seafarers
or ship-owners.
Section 94. No ship-owner shall
terminate employment or conduct any act which may result in a seafarer not
being able to bear to work for the reason that the seafarer acted or is acting
under section 90 and section 91 or rally or about to rally, submit a complaint,
initiate the legal proceeding, be a witness or provide evidence to the
competent official as provided by law or to the Court.
Upon the notifying of demand for a
specification or change in the agreement relating to employment condition of
seafarers, if the demand is under the negotiation, settling, or decisive rule
of the labour dispute, no ship-owner shall terminate the employment or remove
such seafarer, agent to a seafarer, members of the committee, members of the
sub-committee, or members of the seafarer organization related to such demand
except if such person:
(1)
is dishonest in duties or intentionally committed a criminal offence
against a ship-owner;
(2)
intentionally causes a ship-owner damages;
(3)
fails to comply with the legitimate rules, regulations or orders of the
ship-owner by which such ship-owner has, in writing, informed and warned except
in a serious case, the ship-owner does not need to inform or warn. In this
regard, such rules, regulations or orders shall not be issued in order to
obstruct such person to proceed the matters relating to the demand;
(4)
abandons his or her duties for three consecutive days without reasons.
No seafarer, agent to a seafarer, members of
the committee, members of the sub-committee, or members of the seafarer
organization related to such demand shall support or cause a lock-out.
CHAPTER XIII
Competent official
Section 95. For the
execution of this Act, the competent officials shall have powers and duties as
follows:
(1)
to step on board or enter into an office of a
ship-owner and working place to inspect the employment condition, working and
living condition, to inquire facts, to photograph, photocopy documents relating
to employment condition, wage payment, overtime and registration of seafarers,
logbook, registration document, certificate and other related information, to
collect sample of objects or products to conduct an analysis on work safety and
to conduct other acts in order to obtain fact for the execution of this Act;
(2)
to issue a letter to inquire or summon a ship-owner,
a seafarer or any related person to provide a statement or submit a relevant
object or documents for consideration;
(3)
to order, in writing, a ship-owner or seafarer to
comply with this act.
For
the performance of duties under paragraph one, the competent official shall
present his or her identification card to the ship-owner or relevant persons
and the ship-owner or relevant persons shall facilitate and does not obstruct
the performance of duties of the competent official.
The
identification card of the competent official shall be in accordance with the
form prescribed by the Minister.
Section
96. The competent
official shall have the powers to enter on board a ship and inspect a foreign
ship which enters into Thai waters to inspect for the execution of this Act
including the rights of seafarers relating to employment condition, working and
living condition of seafarers. Upon the inspection, if the competent official
finds that the ship-owner fails to comply with this Act for the part relating
to employment condition, working and living condition of seafarers, the
competent official shall have the powers to issue, in writing, an order for the
ship-owner to correct their conduct or to conduct any act as seen appropriated
by the competent official.
In
the case where the competent official finds that there is a gross violation or
incompliance with this Act or may cause a seafarer injury or is a violation
which causes a serious incident or is a repeated violation, the competent
official shall have the powers to detain such ship including specifying any
condition as appropriate until the ship-owner is complied with this Act or
shall have the powers to allow the ship-owner to present a plan. Upon
compliance or submission of a plan, the ship-owner shall inform the competent
official for inspection and shall pay for the inspection expenses. If the
competent official sees that the ship-owner complies with this Act or the
competent official approves of the plan, he or she shall order such ship to be
released.
The
detainment, submission of the rehabilitation plan and inspection expenses shall
be in accordance with the rules, procedures and conditions as prescribed by the
Minister of Transportations.
Section
97. In the event of
serious incident at sea resulting in the injury or loss of a seafarer, the
competent official shall conduct the factual inquiry and report to the relevant
agencies and disclose such outcome to the public.
Section
98. For the
execution of this Act, the competent official shall be official under the Penal
Code.
Chapter
XIV
Maritime
Labour Committee
Section
99. There shall be
a committee called “Maritime Labour Committee” consisting of the Permanent
Secretary of Ministry of Labour as chairperson, Director-General of the
Consular Affairs, the Director-General of
Department of Employment, the Director-General of Marine Department, the
Director-General of Department of Skill Development, the Secretary-General of
Social Security Office, a representative of the Ministry of Public Health, a
representative of the Medical Council of Thailand, a representative of Emerging
Medical Institute of Thailand, two qualified members in the field of maritime
labour appointed by the Minister of Labour, five representatives from
ship-owners, and five representatives from seafarers appointed by the Minister
of Labour as members.
The Director-General of Department of Labour
Protection and Welfare shall be member and secretary and the Director - General
of Department of Labour Protection and Welfare shall appoint no more than two
government officials of the Department of Labour Protection and Welfare as the
assistants to the secretary.
Qualifications, prohibitions and selection
procedure of the qualified members and members from the ship-owners and
seafarers shall be in accordance with the rules, procedures and conditions as
prescribed by the Minister of Labour.
Section
100. The committee
shall have the powers and duties as follows:
(1)
to provide recommendation and opinion to the
Minister concerning the policy on maritime labour;
(2)
to provide opinion for the amendment of this Act to
be in accordance with the Maritime Labour Convention;
(3)
to consider opinion and submit it to the Minister in
the issuance of Ministerial Regulations, Rules, and Notification for the
execution of this Act;
(4)
to provide an approval in sending representatives to
attend tri-partisan extraordinary committee meeting of the ILO;
(5)
to provide opinion concerning the rate of minimum
wage for seafarers to the Minister of Labour;
(6)
to appoint a sub-committee for consideration or for
the execution as assigned by the Committee;
(7)
to make a decisive judgment on maritime labour
dispute and unfair conduct under section 93 and section 94;
(8)
to conduct any other acts as provided in this Act or
as provided by other laws as the duties of the Maritime Labour Committee or as
assigned by the Minister.
Section
101. Qualified
members, members from the representatives of the ship-owners and
representatives of the seafarers shall be in office for a period of three
years. A qualified member who vacates an office may be reappointed but shall
not be in office for two consecutive terms.
In the case where a
qualified member vacates an office
before the expiration of term, the Minister of Labour shall appoint a member to
place such qualified member and the appointee shall be in office for the unexpired term of office of the qualified member replaced
except if the remaining term of office of such member is less than one hundred
and eighty days, the Minister may not appoint any replacement.
In the case where a
member who is a representative of the ship-owners or seafarers vacates office
before the expiration of term, the Minister of Labour shall appoint the same
type of member to replace such member and the appointee shall be in
office for the unexpired term of office of
the qualified member replaced except if the remaining term of office of such
member is less than one hundred and eighty days, the Minister may not appoint
any replacement.
In the case where a
member vacates office at the expiration of the term, if a new member has not
yet been appointed, the member whose term of office has expired shall be in
office to continue to perform his or her duties until a new member has been
appointed.
Section 102. In
addition to vacating office on the expiration of term, a qualified member,
member who is a representative of the ship-owners or seafarers vacate office
upon:
(1) death;
(2) resignation;
(3) removal by the Minister of Labour due to
negligence or dishonesty in the performance of duty, disgraceful behaviour, or
incapability;
(4) becoming bankrupt;
(5) incompetence or quasi incompetence;
(6) being sentenced by a final court judgment
to imprisonment;
(7) lack of qualifications or be under the
prohibitions as prescribed by the Minister.
Section
103. At a meeting of
the Committee, the presence of not less than one-half of the total number of
members is required to constitute a quorum and there shall be at least one
member who is a representative of the ship owners and one member who is a
representative of the seafarer.
If the Chairperson does
not attend, or is unable to perform their duties, the members present in the
meeting shall elect one among themselves to preside over the meeting.
A decision of the
meeting shall be made by a majority of votes. In casting a vote each member
shall have one vote. In the case of an equality of votes, the person presiding
over the meeting shall have an additional vote as the casting vote.
Section 104. At a meeting of the sub-committee, the
presence of not less than one-half of the total number of members is required
to constitute a quorum and section 103 shall apply to a meeting of the
sub-committee, mutatis mutandis.
CHAPTER XV
Penalties
Section 105. In the case where the competent official reveals the
fact relating to the business operation of a ship owner, which under a normal
circumstance shall not be revealed, which is acquired or known from the
performance of duties under this Act, such competent official shall be liable to imprisonment for
a term not exceeding one month, or to a fine not exceeding two thousand baht,
or to both, except in the case where the disclosed of information is for the
benefit of this Act or for the purpose of labour protection, labour relations,
safety of working conditions of seafarers, or investigation or case
consideration.
Section 106. In the case where the offender liable
under this Act is a juristic person, if such offence resulted from the order or
conduct or any person or failure to order or act upon the duties of the
managing director, managing partner, or any person liable for the execution of
the juristic person, such person shall also be liable for the punishment
prescribed for such offence.
Section 107. Any ship-owner who fails to comply with
section 53 shall be liable to a fine not exceeding ten thousand Baht.
Section 108. Any ship-owner or master of the ship who
violates or fails to comply with section 10, section 12, section 18, section
19, section 51, section 52, section 57, section 59, section 60, section 61,
section 62, section 63, section 71, section 72, section 73, section 74, section
75, section 76, section 78, section 79, section 80 or section 85 shall be
liable to a fine not exceeding twenty thousand Baht.
Section 109. Any ship owner who violates or fails to
comply with section 16,section 17, section 49, section 54, section 55, section
65, section 66, section 70 or section 81 shall be liable to imprisonment for
a term not exceeding six months, or to a fine not exceeding one hundred
thousand Baht, or to both.
Section 110. Any ship-owner who violates or fails to
comply with section 15, section 43 or section 47 shall be liable to imprisonment for
a term not exceeding one year, or to a fine not exceeding two hundred thousand
Baht, or to both.
Section 111. Any person who violates section 20 shall be
liable to imprisonment
for a term not exceeding three years, or to a fine not exceeding sixty thousand
baht, or to both.
Section 112. Any licensee for recruitment, manager, agent
for recruitment or employee whose duties relating to recruitment who violates
or fails to comply with section 24, section 25, section 26 paragraph one,
section 27 paragraph one, section 31 paragraph one, section 32, section 33, or
section 34 paragraph one shall be liable to a fine not exceeding twenty
thousand Baht.
Section 113. Any licensee for recruitment who fails to
comply with section 23 paragraph one or section 30 paragraph one shall be
liable to a fine not exceeding five thousand Baht.
Section 114. Any licensee for recruitment who fails to
comply with orders of the Registrar under section 28 paragraph three shall be
liable to imprisonment for a term not exceeding six months and a fine of two
time the amount of money required to submit to the security.
Section 115. Any person who falsely represents himself
or herself as a recruitment agent or employee whose duties related to
recruitment of the licensee for recruitment shall be liable to imprisonment
for a term of one year to three years, or to a fine of twenty thousand Bath to
sixty thousand Baht, or to both.
Section 116. Any licensee for recruitment who violates
section 35 shall be liable to imprisonment for a term not exceeding one year and a
fine of five times the amount of service fee or expenses.
Section 117. Any licensee for recruitment who fails to
comply with section 36 or section 37 shall be
liable to imprisonment for a term of not exceeding six months,
or to a fine not exceeding ten thousand Baht, or to both.
Section 118. Any licensee for recruitment who falsely lists
or conducts a report under section 36 shall be
liable to imprisonment for a term of not exceeding one year, or
to a fine not exceeding twenty thousand Baht, or to both.
Section 119. Any licensee for recruitment who fails to
comply with section 38 paragraph one or paragraph two shall be liable to imprisonment for
a term of not exceeding two years, or to a fine not exceeding forty thousand
Baht, or to both.
Section 120. Any licensee for recruitment who fails to
comply with section 38 paragraph three shall be liable to a fine not exceeding
five thousand Baht.
Section 121. Any ship-owner who fails to comply with the
standard prescribed in the Ministerial Regulation issued under section 82 shall
be liable to imprisonment
for a term of not exceeding one year, or to a fine not exceeding four hundred thousand
Baht, or to both.
Section
122. Any ship-owner, seafarer or
relevant person who fails to comply with section 95 (2) and (3) shall be liable to imprisonment for
a term of not exceeding one month, or to a fine not exceeding two thousand
Baht, or to both.
Any person who obstructs
or fails to facilitate the competent official for the performance of duties
under section 95 paragraph two shall be liable
to imprisonment for a term of not exceeding one month, or
to a fine not exceeding two thousand Baht, or to both.
Section 123. In respect of all the offences under this
Act except for the offence under section 105, if the following competent
officials see that the offender should not be punished in term of imprisonment
or the legal proceeding should not be initiated against such person, the
officials shall have the powers to fine as penalty:
(1) a competent official
who has the power to settle the offence punishable by fine only or an offence with less than one month
imprisonment or a fine not exceeding ten thousand Baht or to both;
(2) a committee who has
the power to settle other offences in addition to (1).
A committee who has the
power to settle the case under paragraph one shall consist of a representative
from Office of the Attorney General as the Chairperson of the Committee, a
representative of the Royal Police Force, a representative from the Department
of Employment, a representative from the Department of Welfare and Labour
Protection as members and a representative of the Marine Department as member
and secretary. There shall be a committee within Bangkok Metropolitan Area and
regional level as prescribed by the committee.
Rules and procedure for
consideration of a competent official and the committee to settle the case
shall be as prescribed by the committee.
If
the offender pays for the fine within thirty days as from the day of receipt of
the letter for fine, the case shall deem to be settled under the Criminal
Procedural Code.
Transitory
Provisions
Section 124. Maritime labour certificate and declaration of
maritime labour compliance issued under the Notification of the Ministry of
Labour on Standard of Maritime Labour before this Act comes into force shall
continue to be in effect until its expiration date.
Section
125. A license for recruitment of seafarers issued under
the Employment and Protection of Job Seekers Act B.E. 2528 before this Act
comes into force shall continue to be in effect until the expiration date of
such license.
Countersigned
by:
General Prayuth
Chan-O-Cha
Prime
Minister
Copyright 2015 by Nattanicha Lefilibert
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