[Thailand] Supporting mental health of remote working employees

The impact of the global pandemic highlighted the issue of employees’ mental well-being as increased pressure on workers resulted from economic insecurity, lockdowns and the sudden shift towards remote working. Mental well-being in the workplace has increasingly become a consideration for employers when it comes to ensuring long-term engagement and productivity among their workforce, its importance cannot be undermined if an individual or organisation is to thrive, Global Compliance News reports.

The remote working phenomenon has led to the blurring of lines between work and home to the extent that there has been a steep increase in the levels of stress experienced by a considerable number of remote workers.

Since the onset of COVID-19 and pandemic-imposed remote working, there have been a number of surveys and reports that point towards a decline in mental health among people working from home due, among other factors, to fatigue or stress of working long hours and the inability to switch off.

While there are positive benefits for employers to ensure the well-being of their workforce - not least for productivity and long-term engagement - these mental health issues can become challenges and legal liabilities for employers if not managed properly. Such challenges could reportedly expose employers to potential claims for personal injury as a result of working long hours.

Under Thai law, employers have a legal duty to arrange and maintain safe and hygienic working conditions and environment for their employees and to support and promote the work operations of their employees in order to protect their health, safety and welfare. This obligation remains true under the remote working model too. Failure, on the employer’s side, to comply with this obligation may expose the employer to claims of work-related injuries as a result of the conditions sustained while working from home including work-related stress, sickness and injury, post-traumatic stress disorder (PTSD) and office syndrome.

It should be noted that in Thailand, there is a Workmen Compensation Fund (“Fund“) set up under the Workmen Compensation Act to provide medical-related assistance and expenses to employees who suffer from work-related injury/sickness directly; subject to certain conditions e.g., the work-related injury/sickness must not result from employees intentionally causing harm to themselves or allowing others to harm them. 

Benefits include, among others, compensation of 70 per cent of the employee’s monthly wage during the period they are unable to work. The Social Security Office - responsible for managing the Fund - recently announced that employees who suffer from office syndrome are eligible to receive benefits from the Fund as well as free medical treatment at a selected list of hospitals and clinics.

Recent reports across government jurisdictions suggest that companies are taking steps to tackle stress caused by working from home during the COVID-19 pandemic in what is known as “the right to disconnect”. The right to disconnect gives employees the right to switch off from work outside of normal work hours. Ireland pushed through the new Code of Practice on the Right to Disconnect that took effect early last month and the UK government has moved to include “the right to disconnect” in an upcoming employment bill expected to be published this year. 

In 2016, the French government included the right to disconnect into its labour law; allowing employees to decline taking calls or reading emails related to work during their time off. Similar moves in this direction are being made by an increasing number of governments around the world. Individual companies have also taken their own steps to help staff disconnect during non-working hours, from Zoom-free Friday afternoons to the 'Saturday rule' which states that employees cannot work from 9 pm Friday to 9 am Sunday except in certain circumstances.

With regard to Thailand, the right to disconnect remains some way off in terms of regulations. However, under Thai law employers cannot force employees to work outside normal working hours/days without the employees’ prior consent each time. Employees are also entitled to overtime pay/holiday pay when they agree to perform work outside normal working hours/days. So it is essential for employers to be aware of such legal requirements when implementing the working from home policy.

Employers might consider ensuring that work is performed efficiently during normal working hours rather than asking employees to work long hours. Such a change should also provide employees with the “right to disconnect” and help relieve some health risks for employees working from home, particularly their mental health. Additionally, employers may want to have their own health and safety policy updated to reflect remote working. Some practices worth considering are:

* Conducting risk assessments and seeking expert occupational health advice to determine the appropriate equipment for employees who work from home;

* Regular and open communication to identify early signs of stress and approach/assure employees regarding resources available to assist their welfare;

* Putting tools in place to promote mental well-being as well as providing assistance to employees managing stress when needed;

* Encouraging a clear separation between work and personal life by emphasising that employees should not be online 24/7.

Striking the right balance between work life and personal life has always been a challenge and is never easy to implement in practice. However, with positive steps being taken in this direction around the world and the growing trend of flexible working and remote working becoming the new normal, employers would do well to plan ahead and review policies and practices to adapt themselves to the evolving future of work.

The impact of the global pandemic highlighted the issue of employees’ mental well-being as increased pressure on workers resulted from economic insecurity, lockdowns and the sudden shift towards remote working. Mental well-being in the workplace has increasingly become a consideration for employers when it comes to ensuring long-term engagement and productivity among their workforce, its importance cannot be undermined if an individual or organisation is to thrive, Global Compliance News reports.

The remote working phenomenon has led to the blurring of lines between work and home to the extent that there has been a steep increase in the levels of stress experienced by a considerable number of remote workers.

Since the onset of COVID-19 and pandemic-imposed remote working, there have been a number of surveys and reports that point towards a decline in mental health among people working from home due, among other factors, to fatigue or stress of working long hours and the inability to switch off.

While there are positive benefits for employers to ensure the well-being of their workforce - not least for productivity and long-term engagement - these mental health issues can become challenges and legal liabilities for employers if not managed properly. Such challenges could reportedly expose employers to potential claims for personal injury as a result of working long hours.

Under Thai law, employers have a legal duty to arrange and maintain safe and hygienic working conditions and environment for their employees and to support and promote the work operations of their employees in order to protect their health, safety and welfare. This obligation remains true under the remote working model too. Failure, on the employer’s side, to comply with this obligation may expose the employer to claims of work-related injuries as a result of the conditions sustained while working from home including work-related stress, sickness and injury, post-traumatic stress disorder (PTSD) and office syndrome.

It should be noted that in Thailand, there is a Workmen Compensation Fund (“Fund“) set up under the Workmen Compensation Act to provide medical-related assistance and expenses to employees who suffer from work-related injury/sickness directly; subject to certain conditions e.g., the work-related injury/sickness must not result from employees intentionally causing harm to themselves or allowing others to harm them. 

Benefits include, among others, compensation of 70 per cent of the employee’s monthly wage during the period they are unable to work. The Social Security Office - responsible for managing the Fund - recently announced that employees who suffer from office syndrome are eligible to receive benefits from the Fund as well as free medical treatment at a selected list of hospitals and clinics.

Recent reports across government jurisdictions suggest that companies are taking steps to tackle stress caused by working from home during the COVID-19 pandemic in what is known as “the right to disconnect”. The right to disconnect gives employees the right to switch off from work outside of normal work hours. Ireland pushed through the new Code of Practice on the Right to Disconnect that took effect early last month and the UK government has moved to include “the right to disconnect” in an upcoming employment bill expected to be published this year. 

In 2016, the French government included the right to disconnect into its labour law; allowing employees to decline taking calls or reading emails related to work during their time off. Similar moves in this direction are being made by an increasing number of governments around the world. Individual companies have also taken their own steps to help staff disconnect during non-working hours, from Zoom-free Friday afternoons to the 'Saturday rule' which states that employees cannot work from 9 pm Friday to 9 am Sunday except in certain circumstances.

With regard to Thailand, the right to disconnect remains some way off in terms of regulations. However, under Thai law employers cannot force employees to work outside normal working hours/days without the employees’ prior consent each time. Employees are also entitled to overtime pay/holiday pay when they agree to perform work outside normal working hours/days. So it is essential for employers to be aware of such legal requirements when implementing the working from home policy.

Employers might consider ensuring that work is performed efficiently during normal working hours rather than asking employees to work long hours. Such a change should also provide employees with the “right to disconnect” and help relieve some health risks for employees working from home, particularly their mental health. Additionally, employers may want to have their own health and safety policy updated to reflect remote working. Some practices worth considering are:

* Conducting risk assessments and seeking expert occupational health advice to determine the appropriate equipment for employees who work from home;

* Regular and open communication to identify early signs of stress and approach/assure employees regarding resources available to assist their welfare;

* Putting tools in place to promote mental well-being as well as providing assistance to employees managing stress when needed;

* Encouraging a clear separation between work and personal life by emphasising that employees should not be online 24/7.

Striking the right balance between work life and personal life has always been a challenge and is never easy to implement in practice. However, with positive steps being taken in this direction around the world and the growing trend of flexible working and remote working becoming the new normal, employers would do well to plan ahead and review policies and practices to adapt themselves to the evolving future of work.