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
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.
The employer is entitled to pay the following severance pay depending on the length of employees’ working period as follows:
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.
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.
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 https://www.sso.go.th/eform_news
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?
How to register and claim the compensation?
Prepare the following documents:
For more information and announcement on the real-time situation of Corona Virus Disease by Department of Disease Control https://ddc.moph.go.th/viralpneumonia/eng/index.php
We all hope everyone stays safe and more importantly keep the jobs they love.
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