การยกเลิกความผิดทางอาญากรณีนายจ้างไม่จ่ายเงินตามพระราชบัญญัติคุ้มครองแรงงาน พ.ศ. 2541 ให้แก่ลูกจ้าง
The Contract of Employment is essentially a contract based on civil law. It is stipulated in the Civil and Commercial Code from Section 575 to Section 586. The purpose of this contract is for the employee to agree to work for the employer, and in return, the employer agrees to pay wages or salary to...
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| 格式: | Theses and Dissertations |
| 語言: | Thai |
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จุฬาลงกรณ์มหาวิทยาลัย
2022
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| 主題: | |
| 在線閱讀: | https://digiverse.chula.ac.th/Info/item/dc:22008 |
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| 機構: | Chulalongkorn University |
| 語言: | Thai |
| 總結: | The Contract of Employment is essentially a contract based on civil law. It is stipulated in the Civil and Commercial Code from Section 575 to Section 586. The purpose of this contract is for the employee to agree to work for the employer, and in return, the employer agrees to pay wages or salary to the employee for the duration of their employment. In addition to wages, employers may also be required to provide other forms of money to employees, such as overtime pay and holiday pay, including holiday overtime pay. The employer is obligated to make these payments under the Labor Protection Act B.E. 2541. In this thesis, this form of payment will be referred to as " Money under the Labor Protection Act, B.E. 2541," Failure to pay remuneration for work by the employer would constitute a breach of contract. While this breach may be considered a civil offense, according to the Labor Protection Act B.E. 2541, it is also subject to criminal penalties, including imprisonment for a term not exceeding six months, a fine not exceeding one hundred thousand baht, or both fines and imprisonment. However, employees who wish to claim their wages, without seeking criminal penalties, still need to follow the existing processes, including taking legal action in the labor court or submitting a request to the labor inspector. These processes are separate from the criminal proceedings. Furthermore, it is important to note that these offenses are not solely based on punishment or the purpose of criminal penalties. They may also contradict the principles outlined in the 2017 Constitution of the Kingdom of Thailand, resulting in an inflation of criminal law and various consequences. Therefore, the objective of this thesis is to advocate for the abolition of offenses and criminal penalties in cases where employers fail to pay employees in accordance with the provisions of the Labor Protection Act B.E. 2541, and instead, explore alternative approaches to addressing such offenses |
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