October 10, 2022
Thailand’s recent removal of cannabis from the list of narcotics represents a significant development for the country, and it has some human resources teams wondering whether they should prepare certain measures in order to prevent detrimental incidents from happening in their organizations.
For example, some employees could still be under the influence of cannabis because they used it before coming to work. In the past, this was rarely a consideration as cannabis was clearly banned. Using cannabis or possessing cannabis inside the employer’s premises subjected employees to criminal liability including imprisonment and fines.
However, now that the government has removed cannabis from the narcotics list under the Narcotics Act, such incidents are more likely to occur. This likelihood has led to concern among many employers about how they can prevent or handle these incidents.
An employer does have the right to prohibit any employee from bringing cannabis inside its premises, as it is the property of the employer. The employer has the management right to do this, particularly as an employee’s use of cannabis may very well disturb other employees. But if the employer would like to set penalties for breaching the prohibition, the picture is more complicated.
Employers’ Work Rules
Under the Labour Protection Act (LPA), an employer who has at least 10 employees must have Thai-language work rules. These work rules must include the following items:
Specification of working days, regular working hours, and rest periods;
Holidays and rules for taking holidays;
Rules concerning overtime work and work on holidays;
Arrangements for payment of wages (i.e., schedule and location);
Overtime pay, holiday pay, and holiday overtime pay;
Leave and rules for taking leave;
Discipline and disciplinary actions;
Submission of grievances; and
Termination of employment, severance pay and special severance pay.
To issue or amend work rules (e.g., to introduce cannabis-related rules), employers must:
Announce the implementation of work rules within 15 days of