When operating a business in Thailand with employees, the company should pay attention to the Labor Protection Act. Thailand’s codified employment laws, administered by the Department of Labor, Protection and Welfare, stipulate working conditions such as holidays and various type of employment leaves such as sick leave, maternity leave, personal business leave, military service leave, and sterilization leave. These types of employment leave may significantly affect a firm’s decision to do business in Thailand.
Thai Labor Law prescribed different kinds of leave that an employee is entitled to as following;
An employer shall let an employee have at least one day off per week as a weekly holiday and the interval between each weekly holiday shall be no longer than six days and get his basic pay on weekly holidays (excluding daily workers, hourly workers, or works based upon output)
An employee is entitled to public holidays of not less than 13 days per annum. Where a traditional holiday falls on a weekly holiday, the employee shall be granted an additional holiday on the following working day and get his basic pay on traditional holidays
An employee who has worked continuously for one full year shall be entitled to an annual vacation of not less than six working days and get his basic pay at a rate equal to normal working days. For those who has worked for less than one year, the employer may grant the employee an annual vacation on a pro-rate basis.
An employee is entitled to sick leaves as long as an employee is actually sick. But the employer will pay wages to the employee of not more than 30 working days per annum. And when an employee takes sick leave for 3 days or more, the employer may require a certificated that issued by a first-class physician or an official medical establishment.
A male employee shall be entitled to leave for military service for inspection, military drilling or for readiness testing under the law concerning military service and get his basic pay at a rate equal to normal working days during the leave but not exceed 60 days.
Maternity leave has been increased to 98 days, from 90 days under the existing labor law. A female employee who is pregnant shall be entitled to maternity leave of not more than 98 days for each pregnancy including holidays, weekends and days taken for prenatal examinations. During the pregnancy period, the employee is entitled to receive full pay for not exceed 45 days from the employer and 45 days from the Social Welfare Fund
Business leave is different from annual leave and must be addressed separately in the work rules. An employee is entitled to necessary business leave with wages paid but not exceed 3 working days per year. After granting personal business leave, the employer cannot deduct such leave days from annual leave.
An employee shall be entitled to take leave for training or the development of his knowledge and skills in accordance with the rules and procedures prescribed in the ministerial regulations.
An employee shall be entitled to leave for sterilization and leave as a result of sterilization for a period determined and with a certificate issued by a first-class physician. The employer must pay wages to the employee on leave for sterilization equivalent to the wages of a working day throughout the leave period.
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