Is clocking in by GPS legal under Thai labour law?
Draft article — the legal points are still being checked against the statutes. Anything marked [to verify] is not yet confirmed.
Short answer: yes. Labour law does not say which method you must use to record working time. Location, however, is personal data, so the Personal Data Protection Act applies as well.
What labour law says about recording time
The Labour Protection Act B.E. 2541 (1998) requires an employer with ten or more employees to keep wage payment records that include working days and hours (section 114 [to verify]) and to retain them for at least two years (section 115 [to verify]).
The law specifies what must be recorded, not the tool. An employer may use punch cards, a fingerprint scanner or a mobile time clock, as long as the record is accurate and can be checked.
The part to be careful with is data protection
A location tied to an employee is personal data under the Personal Data Protection Act B.E. 2562 (2019). As the data controller, the employer's main duties are to:
- tell employees, before or at the time of collection, what is collected, why, and for how long (section 23 [to verify]);
- have a legal basis, such as necessity for the employment contract or the employer's legitimate interests (section 24 [to verify]) — ask your legal adviser which basis fits your situation;
- collect only what the purpose requires: location at the moment of clocking in or out, not tracking throughout the day;
- keep the data secure and limit who can access it;
- honour employees' rights, such as the right to see their own data.
What to do before you start using GPS clock-in
- Issue a notice, or add to your work rules or staff handbook, that the company uses a mobile time clock and records location at clock-in.
- Set clock-in points and radii that suit the actual premises, and have a fallback (a QR code, or HR recording the time) for anyone who cannot use GPS.
- If you require a verification photo, explain why and who can see it.
- Set a retention period for time records that is consistent with what labour law requires you to keep.
How PANN HR helps
PANN HR records location only at the moment someone clocks in or out, with no continuous tracking. The browser asks for permission before using location, and HR can correct entries only with a reason and an audit record.
This article is general information, not legal advice. For your company's specific situation, consult a professional.