Sick pay, severance and the like.

[Crossy]

OK, here we go, this is NOT me, honest (if you remember the saga of the yellow book, it's the same chap) ???? 

 

Anyway, I have farang friend who is a permanent employee of a Thai company, he's been there >15 years and is on a decent (ok, very good) salary.

 

He has to go into hospital for some potentially serious surgery (he has insurance that will cover the cost, so not an issue there).

 

He is worried that his employer won't pay his salary whilst he is laid up (it could end up being more than a month, maybe two) and of course he has a wife and mortgage to feed.

 

He is also worried that his employer may use his extended absence as an excuse to "dispense with his services" and try to get away with not paying the legally required severance (which would be 300 days of his contracted salary).

 

He's well known as a "worrier" but in this case is he justified?

 

Any thoughts?

[bkk6060]

They have sick leave or paid vacation here for foreigners?

[Crossy]

Paid holiday would be determined by your employment contract, mine's not up to UK levels, but still not to be sniffed at ????

EDIT Apparently there's a legal minimum of 6 days per year.

 

I understand that permanent employees are allowed up to 30 paid "sick" days in a year, but any absence of 3 days or more requires a doctor's certificate, and, apparently, not providing a certificate is grounds for dismissal WITHOUT severance (which is evidently what's causing the worries).

 

[steven100]

He's concerned that his employer will not follow employment guidelines in accordance with his contract.

To put it bluntly,  his company either follows the rules and law of what he's entitled to or they don't and if that happens  then the company is in violation of the employment contract and he would possibly need to instigate a lawyer to act on his behalf to claim his entitlement. 

 

 

 

 

Edited November 10, 2022 by steven100

[Crossy]

I found this on sick leave https://thailawyers.com/sick-leave-per-thailand-labour-law/ it's dated 2012 so no idea if anything has changed since then.

 

[Tropicalevo]

As long as your friend has been paying Social Security contributions correctly, that he is protected under the relevant laws there.

He could ask at his local SS office.

If I have any dispute with staff (and there are not many), the SS people are straight to my office. We never have a problem - it is usually staff 'exaggerating' the truth.

[Crossy]

Yeah ^^^, tax and social are all 100% legit ???? 

[Mattd]

Under Thai Labour Act, employees are entitled to up to 30 days paid sick leave per year, 3 days or more requires a certificate from a doctor.

[carlyai]

Now I'm not sure I have this 100% correct.

Australian Swinburne University partnered with a Thai company establishing

a Laem Chabang School of Engineering.

After 6 to 8 years the Aussie mob pulled out, leaving just the Thai partner and eventually everything closed. 

The Farang staff were not paid out their full entitlement. 

 

[Mattd]

20 hours ago, carlyai said:

Now I'm not sure I have this 100% correct.

Australian Swinburne University partnered with a Thai company establishing

a Laem Chabang School of Engineering.

After 6 to 8 years the Aussie mob pulled out, leaving just the Thai partner and eventually everything closed. 

The Farang staff were not paid out their full entitlement. 

 

Teaching staff come under slightly different rules than other industries, TBH I am not really very knowledgeable about that side, for sure in industry that would be illegal and if it went to a labour court they would of been made to pay out 100%, this is regardless if Thai or Farang.

 

For Crossy's OP, the company should have the rules handbook and this should state each entitlement.

[FritsSikkink]

On 11/10/2022 at 9:13 AM, steven100 said:

He's concerned that his employer will not follow employment guidelines in accordance with his contract.

To put it bluntly,  his company either follows the rules and law of what he's entitled to or they don't and if that happens  then the company is in violation of the employment contract and he would possibly need to instigate a lawyer to act on his behalf to claim his entitlement. 

 

 

 

 

No need for a lawyer, the Labour Office will help. One can get 30 working days of PAID sick leave per year. Make sure you have a letter from your doctor for HR which explains your medical situation.