New Sexual Harassment Act and Its Implications for Thai Labor Law

The Act on Amendment of the Criminal Code (No. 30) B.E. 2568 (2025) entered into force on 30 December 2025, after its publication in the Royal Gazette. The Act introduces various amendments to criminal offenses in the Thai Criminal Code, but is commonly referred to as the Sexual Harassment Act because its primary focus is on the introduction of new “sexual harassment” offenses.

Previously, in the context of criminal offenses, Thailand lacked modern definition of “sexual harassment” that covered a broad range of inappropriate sexual behavior. Incidents typically had to involve serious conduct, generally equivalent to “sexual assault,” to qualify as a criminal offense. Consequently, victims of sexual harassment often had to rely on other criminal provisions to press charges, which did not accurately reflect the nature of harassment or the resulting harm.

The recent amendment to the Thai Criminal Code introduces a statutory definition of “sexual harassment,” which encompasses a broad range of conduct. Specifically, new Section 1(19) of the Criminal Code reads:

“Sexual harassment” means any act committed physically, verbally, through sound, by expression of gestures or actions, through communication, peeping, stalking or following, or by any other means, including acts carried out through computer systems, telecommunications equipment, or other electronic devices capable of conveying meaning to another person, which has a sexual context and is done in a manner likely to cause that other person distress, annoyance, humiliation, insult, fear, or a sense of sexual insecurity.”

The amendment also introduces a specific offense relating to sexual harassment. Among other amendments, Section 284/1, paragraph 1, of the Criminal Code now states that any person who commits sexual harassment against another person, if the act does not constitute an offense of indecent conduct, shall be liable for imprisonment for a term not exceeding one year, a fine not exceeding twenty thousand baht, or both.

In certain situations, the law provides for more severe punishment, including where the conduct is repeated or continuous and interferes with the victim’s ability to carry on normal life, occurs in a public place or through a computer system, or is committed against a child under the age of 15, regardless of consent.

The newly added Section 284/2 of the Criminal Code also places emphasis on situations involving an imbalance of power, in particular where sexual harassment is committed by a person who has authority over the victim, including an employer or a supervisor. In these cases, the offense is subject to more severe penalties—specifically, imprisonment for a term not exceeding three years, a fine not exceeding sixty thousand baht, or both

With this amendment, Thailand has taken a clear and significant step toward redefining sexual harassment, to provide stronger protection for potential victims. This change will impact how workplace sexual harassment is categorised. Section 16 of the Labor Protection Act B.E. 2541 (1998) (“LPA”), has long recognised sexual harassment as a broader concept, when compared to the Criminal Code. In essence, the LPA states that an employer, chief, supervisor, or work inspector is prohibited from committing sexual abuse, harassment, or nuisance against an employee, and any person who violates this prohibition will be subject to a fine not to exceed twenty thousand baht. However, given that Thai law previously did not have an adequate legal definition of “harassment,” there was insufficient legal guidance for workplace sexual harassment, which resulted in various incidents falling within grey areas in terms of interpretation. Previously, it was understood that some degree of sexual advance was required for behavior to constitute sexual harassment under the LPA.

However, the Sexual Harassment Act may establish a higher benchmark for conduct that constitutes sexual harassment in the workplace. Employees engaging in “sexual harassment,” as newly defined in the Sexual Harassment Act, may now fall within a more equitable framework for disciplinary action. This includes the potential classification of such conduct as ‘serious misconduct’ under Section 119 of the LPA, thereby permitting employers to terminate the offenders without severance pay.

How strictly Thai courts will interpret the new provisions of the Criminal Code, including the associated legal issues under Thai labor law, remains to be seen. In the meantime, employers should consider revising their anti-harassment policies to reflect this recent development.

This Newsletter is intended merely to provide a regulatory overview and is not intended to be comprehensive; it does not constitute legal advice. Should you have any questions on this or on any other areas of law, please do not hesitate to contact the following:

Chanakarn Boonyasith
(Partner)

Pitchabsorn Whangruammit
(Associate)

Atthawut Wuvanich
(Associate)

Authors