Section 344

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Coercive, unfair or deceptive recruitment Corporate criminal liability Criminal liability Minimum wage Wage manipulation, non-payment or withholding of wages

Section 344 makes it an offence to deceive a group of ten or more people into performing work, with the intention either to not pay wages or to pay lower wages than agreeed.

Notes

This offence has the potential to capture larger-scale employers who deceive workers about the rates of pay or refuse to pay wages.  The maximum penalty for this offence is imprisonment for three years or a fine of six thousand Baht or both.

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Section 344. Whoever, dishonestly, deceiving ten persons upwards to perform any work for oneself or for the third person with the intent not to pay the wages or remuneration to such persons, or with the intent to pay such persons lower wages or remuneration than those agreed upon,shall be imprisoned not out of three years or fined not out of six thousand Baht, or both.

Law /Thailand / Criminal Code, 1956

The Criminal Code is the principal criminal law statute in Thailand and contains the vast majority of criminal law offences. Offences under the Thai Criminal Code that can be and are used in labour exploitation cases include offences of deprivation of liberty, kidnapping, and slavery. Under Thai law generally, corporate criminal liability attaches to criminal offences if a director, officer or other person acting with the authority of the company commits an offence. Such a director, officer or other person acting within the scope of authority of the company may also be individually criminal liable. In a case of corporate criminal liability, the penalty is a fine. However there are very few examples of corporates being prosecuted for criminal offences in Thailand.