Section 344 — Fraud on labour
English translation
Whoever dishonestly deceives ten or more persons into performing any work for himself or for a third person, intending not to pay the wages or hire of those persons, or intending to pay wages or hire lower than that agreed upon, shall be liable to imprisonment not exceeding three years, or a fine not exceeding sixty thousand baht, or both.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 344 is a specialized fraud offence protecting workers as a group. Its elements are dishonest deception of ten or more persons, inducing them to perform work for the offender or a third person, coupled with the offender's intent either not to pay their wages or to pay less than agreed. The offence is aimed at the result the offender seeks, namely obtaining the labour of the deceived persons without proper payment, and it is complete once the victims are deceived into working, even if the project is unfinished and the offender has not yet gained the benefit. It is distinct from ordinary fraud under Section 341 because the object obtained is labour rather than property, and courts have held that unpaid wages are not property lost by the victim through the offence.
Why this matters in practice
Exposure is up to three years or a fine. Two practical features stand out. First, the offence needs ten or more deceived persons, so the number of workers is a threshold element that can be contested. Second, courts have held that the unpaid wages are not property lost through the offence, so the prosecutor cannot claim the wages back for the victims in the criminal case; unpaid wage claims are pursued through separate labour or civil avenues. The offence is complete on deception into working, so non-completion of the project is not a defence. See our guide to fraud and scam laws in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 421/2556 (2013)
The offence under Section 344 is complete once ten or more persons are deceived into working, even if the work is unfinished and the offender has not yet obtained any benefit.
Eleven victims were deceived into working on a film with a promise of wages that would not be paid, and did part of the work. The court held the elements of Section 344 were complete even though the film was unfinished and the defendant had gained nothing.
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Supreme Court Judgment No. 4279/2539 (1996)
Section 344 requires that the offender intend the result that the deceived persons perform work for him or a third person without payment of wages, or for wages lower than agreed.
The court explained that Section 344 requires the offender to intend the specific result of obtaining the victims' labour without proper wages. The scheme of pretending to have work, hiring victims and returning work deposits was a dishonest device to deceive them.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
How many workers must be deceived for Section 344 to apply?
The section requires deceiving ten or more persons into performing work with the intent not to pay proper wages, so ten is the threshold number.
Is the offence complete before the work is finished?
Yes. Courts have held the offence is complete once the victims are deceived into working, even if the project is unfinished and the offender has not yet obtained the benefit.
Can unpaid wages be recovered in the criminal case?
Courts have held that unpaid wages are not property lost through the offence, so the prosecutor cannot claim them back in the criminal case; wage claims are pursued separately.