Employment And Pregnancy

[Arbat]

My wife has been emplyed with a large company in Bangkok for 2 months now (a probation period as far as I can understand). Now the employer is offering a 2 month contract to her. It means the after this contract expires she will have been employed with this company for 4 months.

If she gets pregnant during the term of this contract can she expect any maternity benefits from the employer? Can her pregnancy be used as a reason for forcing the employer to extend the employment period beyond the contact limit? Or does the employer or the state need to pay any compensation to her in this case?

Because if she loses this job after getting pregnant it's not likely that she will be able to find a new one.

Please advise.

[quiksilva]

I believe that mothers who are employed full time are entitled to 90 days maternity leave.

However, the probation period usually lasts for 4 months. The employment contract typically states that during this time the employer can terminate the contract for any reason whatsoever.

I think you'll find that seeing as there is such a limited supply of good staff in Bangkok, if she is good at her job and has made a good impression the company should understand.

[Scott]

Is your wife a Thai national or a foreign national? I think this makes a big difference.

[TerryLH]

From the Labor Act

Section 41. A pregnant female employee shall have the right to take maternity leave of not more than ninety days per pregnancy.

The leave days under paragraph one shall include the holidays which occur during the leave days.

Section 42. When a pregnant female employee produces a medical certificate from a doctor of first class modem medicine stating that she is unable to continue to perform her existing duties, that employee shall have the right to ask the boss to change her existing duties temporarily before or after delivery, and the boss shall consider changing the work to work which is appropriate for that employee.

Section 43. A boss shall be prohibited from terminating the employment of a female employee on the basis that she is pregnant.

There might be qualifiers with this.

[Mike45]

My wife has been emplyed with a large company in Bangkok for 2 months now (a probation period as far as I can understand). Now the employer is offering a 2 month contract to her. It means the after this contract expires she will have been employed with this company for 4 months.

If she gets pregnant during the term of this contract can she expect any maternity benefits from the employer? Can her pregnancy be used as a reason for forcing the employer to extend the employment period beyond the contact limit? Or does the employer or the state need to pay any compensation to her in this case?

Because if she loses this job after getting pregnant it's not likely that she will be able to find a new one.

Please advise.

I believe that her employer is probably paying into the Thai social Security system for her medical insurance and that she is covered for Maternity medical benefits. I think that if her employment ends that she is entitled to continue paying the premium directly to Social Security and that she will keep her benefits.

http://www.sso.go.th/english/faq.php?menu_...;content_id=350