Statutory leave and notification of leaving country

[Morakot]

I am a full-time employee at a private company in Thailand. I have been told that I have ten days leave per year in addition to the Thai public holidays.

 

(1) For some reason, my employer thinks that taking 10 days leave in a row is unreasonable. I understand that according to Thai employment law, leave can be refused if it impacts the operation of the business; but this is not the case, with both parties agreeing that operations are not effected.

Q: Is there any other provision in law that would allow employers to mandate how leave is taken?

 

(2) In addition, my employer demands that I give notice and await approval when leaving the country, in addition to the regular approval of the dates and duration of my statutory leave. The fact whether I will spend my holiday in Phuket (Thailand) or Langkawi (Malaysia) has no operational effects soever for my Bangkok based company. This so called permission to "Take Leave Abroad" affects all employees regardless of their nationality, including Thai people. No one has entered into a contractual agreement for such notification.

Q: Is there any other provision in law that would justify such demand to notify when leaving the country?

Edited June 24, 2019 by Morakot

[blackcab]

My answer to both questions would be not as far as I am aware.

 

As you will appreciate, if you cannot get approval you will have to go to Labour Court for meditation. You probably don't want to do that.

 

On the other hand, how many staff go AWOL then hand in a doctor's letter from a clinic stating something dire?

 

30 days statutory sick leave a year, which means unreasonable companies often lose out.

[Morakot]

Quote

My answer to both questions would be not as far as I am aware.

 

As you will appreciate, if you cannot get approval you will have to go to Labour Court for meditation. You probably don't want to do that.

Thanks!

 

[scorecard]

Over 3 decades + I've work for and consulted for many Thai companies, sometimes the long time away in one block is simply not allowed (company owners rule), but I've come across many employees who from their own initiative deliberately take their leave 1 or 2 days at a time, so the boss / the work won't be inconvenienced. 

[Morakot]

Thanks @scorecard for reporting your experiences; that's very useful!

 

What you elegantly describe as 'company owners rule' is exactly the key issue, I think. If one enters into an employment contract agreeing to such a condition of leave, than this is not a problem. Arbitrarily creating some rules about statutory leave strikes me not only as potentially unlawful practice, but also as mismanagement of human resources.

 

I applied for 10-days leave in a row and was duly granted them. Other further down the metaphorical food chain were pestered about their requests. I certainly will not place such demands on my subordinates, even if others do this for whatever gains. It made me think about the organization I'm working for, not necessarily in a positive way.

 

The Leave Abroad approval is even more ridiculous as there is no real mechanism to enforce it at all, despite seemingly unlawful. It reminds me of historical accounts of serfs in Tsarist Russia having to request permission from their lord to leave their village.

Edited June 25, 2019 by Morakot