Current Situation of Independent Workers
The number of independent workers in Thailand is significantly higher than many might expect, and this trend is unlikely to decline in the foreseeable future. The rapid rise of social media and advancements in technology have facilitated the growth of massive online platforms, positioning independent workers to soon represent the majority of the Thai workforce, as shown by recent trends.
Figure 1. Proportion of Independent Workers to Total Employees.
In 2021, over 52% of the workforce consisted of independent workers. Despite this substantial proportion, there are currently no comprehensive laws or legal protections to support this growing group. It is concerning that more than half of the workforce lacks access to basic rights under Thailand’s primary labor law, the Labor Protection Act B.E. 2541 (1998).
As of 2024, the only legal framework addressing independent workers is the Announcement of the Department of Labor Protection and Welfare on Safety, Occupational Health, and Working Environment Guidelines for Independent Workers B.E. 2556 (2013). This guideline defines independent workers as individuals of working age who are not considered employers or employees under the laws governing safety and occupational health. While it aims to create a safe working environment, it offers minimal legal protections and does not address social security or other essential rights covered under standard labor laws.
Figure 2. Act Implementation Timeline.
Provisions of the Draft Independent Workers Protection Act
The future looks more promising with the drafting of the Independent Worker Protection Act, which seeks to provide enhanced protections and rights for independent workers. The draft categorizes independent workers into two main groups:
1. Independent Workers (Section 9): Individuals working without an employer in industries such as agriculture, trade, service provision, home-based work, and content creation (excluding digital platform advertisements).
2. Semi-Independent Workers (Section 10): Individuals providing services (e.g., transport, goods delivery, housekeeping) under the terms set by digital platforms, with compensation provided by the platform’s business operations.
The draft includes a registration system overseen by the Ministry of Labor (Section 8), which will facilitate access to benefits and protections. Key provisions include:
✓ Right to Organize (Part 2): Independent workers can form groups (over five members) or unions (over 15 members) to advocate for improved legal protections.
✓ Worker Incentives (Part 3 & Part 4): Independent workers and semi-independent workers are entitled to support, membership in a protection fund, financial benefits, and dispute mediation rights.
✓ Independent Workers Promotion and Protection Committee (Part 5): This committee will propose improvements to laws and regulations related to the protection of independent workers.
✓ Independent Labor Promotion and Protection Fund (Part 6): The fund aims to support and enhance the quality of life for independent workers, funded by penalties, donations, international contributions, and asset sales.
✓ Inspector Authority: Independent worker inspectors will ensure compliance with labor standards, with fines for non-compliance (20,000 Baht for failure to cooperate).
The act also expands labor court jurisdiction to include disputes involving independent workers and imposes penalties, including criminal liability and regulatory fines for non-compliance (Sections 8 and 9). Recognizing the importance of digital platforms, the draft defines them as electronic systems that manage information and facilitate connections among businesses, consumers, and independent workers.
Moving Forward
This draft is the first step toward empowering the Ministry of Labor and other relevant authorities to issue additional announcements and regulations. Future provisions are expected to address skills development, social security, working conditions, compensation, and standardized employment contracts. The Thai workforce will need to adapt to these significant changes, but the Ministry of Labor is already promoting initiatives, such as the “Kru Kor Project,” which includes seminars and training for community leaders to raise awareness and encourage independent worker registration under the new system.