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Thai Law And Work Contracts

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Hi,

Say for example (a hyperthetical) I had a contract with a BOI company that stated empoyees are entitled to 5 paid sick days per year. Now Thai law states you are allowed 10. Which takes precedence? If Thai law takes precedence and the company tries to enforce the contract, would I have a case against the company?

I know the figures presented are not accurate, it's just a hyperthetical to illustrate the concept I'm trying to understand

Thanks

The law takes precedence. Contractual terms less generous than those mandated by the labor law cannot be enforced.

Labor Protection Act in Thailand is "public policy". You cannot enforce less generous terms than is the case therein PROVIDED THAT you are afford protection under the Labor Protection Act - which not everyone is.

Therefore, to answer your question more fully, one would need to know more details.

EDIT

IMPORTANTLY: one would need to know whether or not you were employed on a temp. contract - esp. if the period of time was less than 2 years.

SM :o

  • Author

Thanks... well, I'm not on a temp contract so I guess I'm protected by the labor law.

I just had a feeling BOI companies were exempted from certain labor regulations.

Thanks

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