Guide Employee Covid-19

    We have put together a list of common scenarios that employees are being confronted with during the ongoing COVID-19 crisis in Thailand. We all are dealing with these matters on a continually basis and as an HR Company here in Thailand, hopefully these will help those needing to find out answers to what an employee can do in the following situations:

    An employee who has been diagnosed with the COVID-19 virus

    An employee who has been diagnosed with the COVID-19 Virus is entitled to paid sick leaves for a maximum of 30 days per calendar year. It is also highly recommend they should also ensure they obtain a medical certificate of their illness upon returning to work. The return to work clearance is also highly recommended to ensure your employer and their employees are safe from any potential risks.

    An employee has been identified by the Thai Government for being in a high-risk and results in mandatory quarantine.

    Should an employee become identified by the Thai Government as being a “high risk” from such things as recent overseas travel, contact with an infected person or other instances that could have resulted in potential infection , For these people who are required to be in a mandatory quarantine state, the Thai labour law does not provide protection from your employer to pay your normal salaries under the no work no pay premise.

    Some recommendations to alleviate the period of no income, is to use any unused leave benefits that you may have accrued to help limit the amount of days that go unpaid.

    Common Situations regarding lay offs / potential loss of work

    Decision to temporarily cease operations by the employer (Non-mandatory closure)

    Due to the COVID-19 outbreak that affects many businesses in case of dramatic revenue and customer reduction, the employer may need to temporarily cease operations and require employees not to work. Under such decision an employee can expect the following

    • The Employer can be responsible for paying at least 75% of the normal work wages under section 75 of the Labour Protection Act (LPA)
    • Governmental Relief – An employee will most likely be entitled to receive a compensation of 50% of monthly pay (7,500 THB maximum) for 180 days from the Social Security Office by filing a claim for relief as long as the employee has been enrolled under the social security program with their employer

    Company’s decision to lay off / terminate employment

    The COVID-19 outbreak may inevitably lead the employer to terminate employees’ employment contracts.

    Employer is responsible for 2 payments as follow.

    • Remuneration in lieu of advance notice – If an employee is past their initial 119 days of continual employment and does not get a 30-day notice if termination an amount equal to at least 30-day wages at the most recent rate of basic pay will be entitled to the employee.
    • Severance pay

    The employer is entitled to pay the following severance pay depending on the length of employees’ working period as follows:

    • More than 120 days, but less than 1 year = 30 days’ salary/wages
    • At least 1 year, but less than 3 years = 90 days’ salary/wages
    • At least 3 years, but less than 6 years = 180 days salary /wages
    • At least 3 years, but less than 6 years 180 days’ salary/wages
    • At least 6 years, but less than 10 years 240 days’ salary/wages
    • At least 10 years, but less than 20 years 300 days’ salary/wages
    • At least 20 years 400 days’ salary/wages

    Unemployment Relief – A terminated employee may also be entitled to receive a compensation of 70% of monthly pay (10,500 THB maximum) for 200 days from the Social Security Office. A claim mist be filed and approved meeting certain requirements to seek this relief.

    Voluntary Resignation

    Employer: is not required to pay wages.

    Unemployment Relief – An employee maybe is entitled to receive a compensation of 45% of monthly pay (6,750 THB maximum) for 90 days from the Social Security Office with an approved unemployment claim / application

    Business is compelled to close by the Government and the employees are inevitably unable to work

    Employer: is not required to pay wages during the closure period ordered by the authorities under the principle of “no work no pay.”

    Employee: is entitled to receive a compensation of 50% of monthly pay (7,500 THB maximum) for 60 days from the Social Security Office.

    Social Security Fund Relief Initiatives

    As of 27 March 2020, the Thai government has put forth some relief initiatives for employees to overcome the financial hardships affecting employees in Thailand as follows:

    A reduction in Society Security Fund’s contributions for employees for 3 months from March to May 2020.

    • Employee’s contribution (Section 33) is decreased from 5% to 1%
    • The Government’s contribution remains the same at 2.75%
    • Informal Worker (Section 39) 86 THB per month

    Process for claiming relief

    The following are guidelines for employees who need to claim relief under the Social Security Program should follow the following

    E-Form for SSO Benefits – Eligible for workers who are registered under the Social Security System only

    More information can be found on the Thai Social Security Offices website

    Cash handouts for COVID-19 affected workers

    A set of remedial measures including cash handouts (5,000 THB compensation) for 3 months (April to June 2020).

    Who can claim the 5,000 THB compensation?

    • Workers who are not registered under the Social Security System (Section 39 and 40) such as Informal workers, temporary employees, contract employees and self-employed individuals who are not covered by the social security system are eligible to claim the 5,000 THB compensation.
    • Workers who are registered under the Social Security System (Section 33) with less than 6 months’ contribution to the Social Security System are eligible to claim the 5,000 THB compensation.

    How to register and claim the compensation?

    Prepare the following documents:

    1. ID Card (Not less than 18 years old)
    2. Employer Information
    3. Detail of problems/issues
    4. Bank Account Information
    5. Social Security Office should transfer money within 5 days after the successful submission of the registration. The compensation will be handed out via direct transfers or through electronic wallets

    ​We all hope everyone stays safe and more importantly keep the jobs they love.

    Smart Search Recruitment

    Smart Search Recruitment is Bangkok’s leading executive recruitment consultancy. We serve multinational and local companies, sourcing high-caliber candidates and placing them in mid and senior-level roles. For recruitment service inquiries contact us. We are committed to meet our client’s needs by delivering an exceptional level of service. We have insightful HR resources updated everyday. Please keep in touch with us via our social media.

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    Read More Articles About Covid-19 Here:

    Managing Employee Anxiety with COVID-19

    Vital Information for Employers in Thailand During the COVID-19 Outbreak

    COVID – 19 Relief Measures for Thai Companies

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