จ้างซับคอนแทรคขับรถผู้บริหาร บริษัทไม่ต้องให้สวัสดิการเท่าพนักงานประจำจริงหรือ?

As much as a regular employee? 🤔

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Many venture owners and HRs are still very confused about this.

"Hire an Outsource if he sues...Do we have to take responsibility, too? "

There is a real judgment that gives a very clear answer. 👇

📋 What happened in this case?

🔹, a major petroleum company, hired an outside company to send 14 employees to "drive executive positions."

🔹 These employees sued for welfare as regular employees, bonuses, food, taxi, holidays, etc.

🔹 claims to be "discriminated against" do not enjoy equal rights.

⚖️ What did the court decide?

✅ The court dismissed the lawsuit - the company is not responsible!

3 key reasons why HR needs to know:

1️⃣ Law M.11 / 1 only protects "main works."

→ Must be a job that is directly part of the main production or business process.

2️⃣ Driving job. ☀ Petroleum job.

→ The main business of the company is to explore, manufacture, distribute petroleum.

→ Driving for management is just a "support job," not a core job.

3️⃣ affects business indirectly, not into the network.

→ Jobs that "facilitate business," but not at the heart of business. Not under M.11 / 1.

What should 💡 HR and corporate owners do?

📌 This kind of "no need" job provides as much welfare as regular employees:

→ Maid / Security / Gardener / Driver

⚠️ This kind of work "must" take equal care:

→ A subcon employee who stands the same production line as a permanent employee.

📝 contracted with the Agency to clearly identify the scope of work to prevent future problems.

👉 This material is general information, not case-specific legal counsel.

Reference: Judgment of the Court of Appeal of Special Prerogative Cases No. 285-1978 / 1961

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# Thai HR # Labour law # Subtrack # The owner # Staff management

Hire a subcon to "drive an executive." The company has to provide welfare...