Three proposed laws test an uneven recovery
Thailand's main private sector alliance is asking lawmakers to reconsider three draft laws covering clean air, factory operations and labour protections, warning that new costs and uncertain enforcement could weaken investment during a fragile economic recovery. As of November 14, 2025, two of the proposals have received initial approval in the House of Representatives, while the third is awaiting consideration.
Contents
- Three proposed laws test an uneven recovery
- What an impact assessment would examine
- Clean air rules and the cost of overlapping laws
- Why the proposed penalties face resistance
- Factory licences could regain expiry dates
- Shorter hours, more leave and wage increases
- Investment concerns and protection for smaller producers
- Alcohol rules add to concerns about regulatory certainty
- What lawmakers can still change
- Key Points
The Joint Standing Committee on Commerce, Industry and Banking (JSCCIB), which brings together the Thai Chamber of Commerce, the Federation of Thai Industries and the Thai Bankers' Association, wants a full regulatory impact assessment before final votes. That assessment would examine the benefits and costs of the proposed rules, including their effects on public health, workers, employers and investment.
The most striking concerns include proposed clean air penalties of up to two years in prison for managers or fines reaching 50 million baht, including in cases involving negligence. Manufacturers also oppose the return of factory licences with expiry dates, while employers question proposals for an annual minimum wage increase, a reduction in the standard working week from 48 to 40 hours, and expanded leave.
Business groups accept the goals of cleaner air, safer factories and stronger worker protections. Their objection concerns how the laws would operate: whether they duplicate existing requirements, whether penalties fit the offence, and whether companies would have enough time and support to adjust.
The debate reaches beyond factories. Changes to alcohol rules have drawn complaints from restaurants and craft producers about penalties for customers and missing implementing regulations. Together, the disputes put the predictability of government rules at the centre of business concerns.
What an impact assessment would examine
The JSCCIB argues that the three bills need clearer design, better coordination with existing laws and more realistic implementation schedules. Its central request is for lawmakers to examine the likely results before committing companies and workers to new obligations.
A regulatory impact assessment is a cost and benefit test. It models how a proposed policy might work under different conditions, weighing cleaner air, better health and improved worker welfare against spending on compliance, changes in productivity and effects on tax receipts.
For the clean air bill, that means considering both the benefits of reducing pollution and the expense of monitoring equipment, cleaner fuels and updated machinery. For factory rules, it means examining inspection demands, renewal procedures and possible interruptions to production. For labour changes, it means looking at wages, working hours, staffing and the capacity of employers to pay.
Large exporters may be able to spread new costs across greater production or use technology to adjust. Smaller suppliers have less room to absorb extra spending. In industries with narrow profit margins, a new requirement can leave a company choosing between raising prices and accepting lower earnings. Those costs can then travel through supply chains.
An assessment could help lawmakers decide whether to introduce requirements in stages, allow grace periods or offer support. Options discussed include tax credits, technical assistance and loans on favourable terms for cleaner equipment, alongside help with worker training and technology adoption.
Clean air rules and the cost of overlapping laws
The proposed Clean Air Act seeks to curb toxic haze and PM2.5 fine dust, a recurring health problem in northern Thailand and industrial areas. It would introduce new limits on emissions and economic tools intended to encourage changes in behaviour.
Industry representatives say parts of the proposal overlap with the 1992 law on environmental quality, the 1992 Factory Act and measures already used by agencies responsible for air quality. Their concern is that companies could face several sets of requirements addressing the same activity.
Fuel charges are a particular issue. Businesses point to existing excise taxes on fuel and payments into the Oil Fuel Fund, arguing that adding new charges could raise energy and transport costs. Those expenses affect both factory operations and the movement of goods.
Some business leaders favour reducing Oil Fuel Fund contributions during the fragile recovery to keep fuel affordable. They want targeted incentives to help companies improve pollution controls, linking the cost of adjustment to investment in cleaner production.
The health case for action remains central to the proposal. Each dry season, crop burning and still weather contribute to surges in PM2.5, while industrial emissions, diesel vehicles and haze crossing national borders add to the problem. PM2.5 refers to very small particles in the air that are associated with higher risks of heart and lung disease.
Doctors and environmental scientists also link the pollution to missed workdays and pressure on hospitals. Stronger enforcement of emission standards is therefore a public health priority. The argument over the bill concerns how to achieve that protection through rules that agencies can enforce and companies can understand.
Why the proposed penalties face resistance
Business leaders are especially concerned about clean air provisions that could expose a manager to up to two years in prison or bring fines as high as 50 million baht, even where negligence is involved. They argue that the proposed sanctions do not draw a clear enough line between deliberate wrongdoing and honest mistakes.
Several industry groups question whether those criminal provisions align with Article 77 of Thailand's constitution. Article 77 encourages laws that are necessary and proportionate, supported by consultation, evidence and careful analysis. In practical terms, the punishment should fit the conduct, and lawmakers should examine the effects of the rule before adopting it.
Executives warn that the risk of a large fine for negligence could discourage investment. Their concern is that unclear responsibility or uncertain enforcement could make it difficult for a manager to judge the legal risks of operating a business.
Several business groups suggest administrative fines linked to the size of an operation and the amount of excess emissions. They would reserve criminal penalties for intentional violations or repeated offences. Under that approach, polluters would still face punishment, while companies trying to comply would have a clearer understanding of their obligations.
The penalty debate is part of a wider request to map the new law against existing environmental and factory rules. Business leaders want clearer responsibilities among agencies and better sharing of information so that pollution controls work together.
Factory licences could regain expiry dates
The factory bill would tighten inspections and restore licences that remain valid only for a set period. Manufacturers fear that bringing back expiry dates would recreate renewal queues, paperwork and uncertainty after years of efforts to simplify permits.
Renewals can take months when several agencies are involved. Businesses say those delays can extend project schedules, hold back equipment upgrades or new production lines, and create the risk of an operating stoppage if paperwork is unfinished when a licence expires.
Smaller manufacturers may find these demands particularly difficult because they have fewer resources for administrative work. Industry groups also warn that recurring renewal requirements could discourage new entrants and make investment decisions harder.
Businesses favour inspections based on risk, with greater scrutiny of plants that have a history of violations. They also want tougher enforcement against operators shown to have broken the rules, while keeping routine compliance straightforward for responsible factories.
Proposals include digital filings, a single online portal for permits, online inspections where feasible and a unified checklist. Such measures would reduce the time spent by both companies and inspectors on repeated procedures.
The JSCCIB argues that weak enforcement of existing laws is Thailand's main problem, rather than a shortage of legal tools. It sees better enforcement and modern permit systems as ways to improve factory standards without imposing the same administrative burden on every operator.
Shorter hours, more leave and wage increases
Labour proposals discussed in recent months include reducing the standard working week from 48 hours to 40 hours and expanding leave. The proposed reduction is eight hours a week, or one sixth of the current 48 hour standard, making it a substantial change for employers planning production and staffing.
Employers, especially small and medium sized enterprises, warn that shorter hours and more mandatory leave would raise costs and complicate shift schedules. Manufacturing, hospitality and logistics businesses that operate around the clock could need to reorganise staffing to maintain services and output.
Some employers say workers paid by the hour could receive less take home pay if their paid hours fall, unless overtime rises. The business community also argues that reducing working time without an increase in productivity would make it harder to maintain output. Productivity means how much work or production is achieved within a given amount of time.
An automatic annual increase in the minimum wage is another point of resistance. Business leaders want wage decisions to reflect economic conditions, living costs, local circumstances, productivity and employers' ability to pay, rather than following a fixed calendar.
The private sector supports stronger protections for dignity, proper rest and leave, but wants flexibility in the structure of benefits. Its preferred approach includes arrangements negotiated at company or sector level and a transition period for any new rules on working hours or leave.
Business representatives have proposed a joint committee with the government to examine labour laws, methods for setting minimum wages and the management of foreign workers, alongside efforts to improve skills. They also want wage policy linked to training and technology, with targeted incentives to help smaller employers adjust.
The Labour Minister has agreed to establish a joint committee to explore reforms and bring worker protection into line with sustainable job creation. That process gives government and business representatives a route to discuss the practical effects of changes before they are finalised.
Investment concerns and protection for smaller producers
Thailand, one of Southeast Asia's largest economies, is promoting a move towards industries that produce goods and services of greater value. Growth has recovered since the pandemic, but the recovery remains uneven. Household debt is high, and tourism has not fully returned to earlier peaks.
Investors pay close attention to whether rules are predictable. Business groups argue that overlapping requirements or unclear enforcement can cause companies to postpone projects and hiring. They see stronger enforcement of current environmental and industrial standards, better coordination among agencies and modern permitting as the quickest ways to improve compliance without discouraging investment.
Thailand is also competing for capital with neighbouring countries that are tightening environmental and labour standards. For business leaders, the issue is whether companies can understand the requirements, plan the necessary spending and follow a reliable timetable.
Authorities have also moved towards collecting a 10 percent customs duty on low cost imports that were previously free of duty, aiming to protect small and medium sized producers from a flood of cheap goods. The measure forms part of the wider debate over how policy can support domestic businesses.
Industry leaders want a similarly targeted approach to environmental and labour reforms: clear goals, implementation in stages and relief for firms investing in cleaner technology and worker skills. They argue that carefully focused measures can support broader structural changes while limiting pressure on smaller companies.
Alcohol rules add to concerns about regulatory certainty
Amendments to the Alcoholic Beverage Control Act now allow fines for consumers who drink during restricted hours or in prohibited places. Restaurants and bars warn that the changes place liability on customers and create confusion about when venues must stop serving alcohol.
Operators also say secondary regulations are missing. These are the detailed rules needed to put the main law into practice, including rules on advertising, what counts as publicity, sales hours and zoning. Without them, businesses say they face uncertainty over how to operate.
Prapawee Hemathas, Secretary General of the Craft Beer Trade Association, said the absence of those details and guidance on marketing had left the industry in limbo. She described the rollout as incomplete:
It is disappointing that the main law has been enacted, but the secondary regulations, which should have come alongside it, are still missing.
Chanon Koetcharoen, president of the Thai Restaurant Association, said the restrictions now affect diners directly and would likely slow food and beverage sales:
The new regulations will have an adverse effect on restaurants because it is the customer that is now restricted by the stipulated sale hours.
Taopiphop Limjittrakorn, an opposition lawmaker who advocates liquor liberalisation, criticised the change and warned that it could discourage visitors:
The amended law aims to serve the purpose of those opposing alcohol. Alcohol sales should be 24/7.
The Prime Minister has instructed agencies to consider lifting zoning restrictions and extending service hours nationwide to 4 a.m., with changes targeted in the coming months. For business groups, the dispute illustrates why detailed regulations and clear enforcement guidance should accompany a law before penalties take effect.
What lawmakers can still change
The three industry proposals still have room for revision during committee review and subsequent parliamentary readings. Two have initial House approval and one awaits consideration. No exact date was given for final votes or for the alcohol adjustments targeted in the coming months.
A regulatory impact assessment could guide decisions on penalties, implementation schedules and compliance procedures. The private sector is pressing for phased introductions, grace periods for smaller firms, and incentives for investment in cleaner production and worker training.
Government agencies could also compare the new proposals with the 1992 environmental and factory frameworks, identify overlapping requirements and improve information sharing. That work would address the business concern that companies may face several agencies enforcing similar obligations in different ways.
The central task is to protect health, safety and worker dignity while leaving businesses room to grow and innovate. Business leaders argue that clear objectives, consistent enforcement and a predictable route to compliance would allow Thailand to raise standards without losing economic momentum.
Key Points
- The JSCCIB seeks a full regulatory impact assessment of draft clean air, factory and labour laws before final votes.
- Two proposals have initial House approval, while one awaits consideration.
- Clean air penalties could include up to two years in prison for managers or fines of up to 50 million baht, including for negligence.
- Industry groups question overlap with existing laws and the fit of criminal provisions with Article 77 of the constitution.
- The factory bill would restore licences with expiry dates and tighten inspections.
- Labour proposals include reducing the standard week from 48 to 40 hours, expanding leave and increasing the minimum wage annually.
- The Labour Minister has agreed to a joint committee to explore reforms.
- Business groups favour better enforcement, digital permits, phased implementation and support for cleaner equipment and skills.
- Authorities are moving towards a 10 percent customs duty on low cost imports previously free of duty.
- Alcohol rules allowing fines for consumers have drawn objections from restaurants and craft producers.
- The Prime Minister has asked agencies to consider lifting zoning restrictions and allowing nationwide service hours until 4 a.m.






