Thai Social Security Query

[nrp1000]

I have had a email from an ex employee who resigned 3 weeks ago from the Thai company I have a 40% share with. She has told me she left because she couldn't wait 6 months (her probationary period) to get full rights as an employee - in other words, no proper contract of employment. Can someone advise me if she is correct in saying this is against Thai employment rules/laws or is it just sour grapes? I don't have anything to do with hiring staff so anything could be going on

Many thanks to anyone who can fill me in.

[solo siam]

IMO 6 months as a probationary period is a very long time, thats 1% of your entire working life on probation for a single job. It may be a problem if you are losing good staff because they can't get NI, loans, mortgages etc... TBH I have never understood how it would take so long to work out if someone is a good employee or not and typically points to an employer with a quick turn-around on employees.

I don't know about the legal aspects however.

[TerryLH]

6 months was standard in the US for local government jobs.

Is this a Thai or a foreigner? If Thai, they don't require a contract, but are supposed to start making soc sec payments right away.

If a foreigner, it sounds like the company isn't doing work permits and probably social security until after the probation, which I think is illegal. As with Thai employees, they are supposed to be in the system right away.

Since you titled this post as a soc sec question, I'll assume that's the issue. There is a time frame you have to put employees into the soc sec system. No mention that it's okay to wait until after probation. A month or less, I think. Can't recall exactly. Once the employee is in the system (for the first time) they have a 3 month period before they can use the services. That would be 3 months of making payments into the system.

If they have been in the system for another job there would be no waiting period, unless perhaps, they hadn't been in it making payments for a long time.

Without specifics of the problem it's only possible to give general answers. I have always found the Social Security offices to be user friendly and very helpful. A call to them should get you the info you need (but maybe don't want).

[nrp1000]

I have had a email from an ex employee who resigned 3 weeks ago from the Thai company I have a 40% share with. She has told me she left because she couldn't wait 6 months (her probationary period) to get full rights as an employee - in other words, no proper contract of employment. Can someone advise me if she is correct in saying this is against Thai employment rules/laws or is it just sour grapes? I don't have anything to do with hiring staff so anything could be going on

Many thanks to anyone who can fill me in.

[nrp1000]

6 months was standard in the US for local government jobs.

Is this a Thai or a foreigner? If Thai, they don't require a contract, but are supposed to start making soc sec payments right away.

If a foreigner, it sounds like the company isn't doing work permits and probably social security until after the probation, which I think is illegal. As with Thai employees, they are supposed to be in the system right away.

Since you titled this post as a soc sec question, I'll assume that's the issue. There is a time frame you have to put employees into the soc sec system. No mention that it's okay to wait until after probation. A month or less, I think. Can't recall exactly. Once the employee is in the system (for the first time) they have a 3 month period before they can use the services. That would be 3 months of making payments into the system.

If they have been in the system for another job there would be no waiting period, unless perhaps, they hadn't been in it making payments for a long time.

Without specifics of the problem it's only possible to give general answers. I have always found the Social Security offices to be user friendly and very helpful. A call to them should get you the info you need (but maybe don't want).

Thanks: This is a Thai national who says she has been treated unfairly by my business partner. Fairly and not legal are obviously two very different things. If she had been fired then that wold also be a different case, but since she resigned I can't see how I can help. It sounds to me, given yours and others comments that it isn't good business practice, but not against the employment laws. It doesn't make me feel any more comfortable though!!