Annual Leave And Probation Period

[Ketsara]

Hi All,

I have a question on annual leave related to probation period.

Facts are as follows:

-I am working in Thailand on a permanent (local) contract, with a probation period of 3 months (passed already).

- I am entitled to 20 days of annual leave per year.

- My employer says I do not collect annual leave during probation, which would mean that I have only 16 days during the first year.

Is that a labour law thing? My contract does not mention such a thing.

Any one who knows whether it they are right?

Thank you for your comments....

Geeske

[jdinasia]

It is very likely that you only accrue days for annual leave AFTER your probation is over. (sop as far as I know)

[Soutpeel]

Generally, not just in Thailand, but in other places, you will accrue annual leave after your probationary period is over, therefore your employer sounds like they are telling you the right thing. Its nothing to do with the labour law, its pretty much a standard thing in contracts with most companies

[Ketsara]

Generally, not just in Thailand, but in other places, you will accrue annual leave after your probationary period is over, therefore your employer sounds like they are telling you the right thing. Its nothing to do with the labour law, its pretty much a standard thing in contracts with most companies

Thanks guys. Not really what I hoped for, and not the practice where I come from (there you would start accrueing straght away).

Strange system though, as if you are not really working during probation...

[unomi]

Typically you are under a probationary contract and after that period you sign on a 'real' contract, that is at least what I have seen.

It would make sense to accrue annual leave under probationary contract, but thats just my opinion.

[Soutpeel]

Generally, not just in Thailand, but in other places, you will accrue annual leave after your probationary period is over, therefore your employer sounds like they are telling you the right thing. Its nothing to do with the labour law, its pretty much a standard thing in contracts with most companies

Thanks guys. Not really what I hoped for, and not the practice where I come from (there you would start accrueing straght away).

Strange system though, as if you are not really working during probation...

You working, but technically you are not a "full" employee until you come through the probationary period, if they did start accruing from day one and they did not keep you on, the company would be liable for holiday pay as well for somebody they where not keeping on. Also under a probationary period the employer would not be liable for servance pay either under Thai labour law.

[bendix]

Sorry guys. You're wrong. You ARE entitled to annual leave from the day you start, irrespective of any probation period. You are a regular employee even if you haven't passed probation. Probation is an artificial 'escape' clause for BOTH sides (you can leave without giving notice, for example). Even if the company let you go after probation you would be entitled to be paid out for the holidays accrued DURING THAT PROBATION.

[Ketsara]

Sorry guys. You're wrong. You ARE entitled to annual leave from the day you start, irrespective of any probation period. You are a regular employee even if you haven't passed probation. Probation is an artificial 'escape' clause for BOTH sides (you can leave without giving notice, for example). Even if the company let you go after probation you would be entitled to be paid out for the holidays accrued DURING THAT PROBATION.

That is what I reckoned, but how could that be proved? In my contract nothing is stated on not-accrueing, (neither on accrueing though...). So, what is the right answer and what to refer to in discussion to my employer?

Thanks for all your replies...

[unomi]

Depends if you want to keep your job or not?

If you really want to 'stick it' to your boss you could call the labour department for clarification in the case of it not being stipulated in the contract, have them write their assessment in thai and hand it to your boss.

[Ketsara]

Depends if you want to keep your job or not?

If you really want to 'stick it' to your boss you could call the labour department for clarification in the case of it not being stipulated in the contract, have them write their assessment in thai and hand it to your boss.

prefer to keep my job, but do not want my boss to push me around, and this is not the first time. Would be helpful if I could refer to something if I want to challenge her statement...

[Scott]

Where I work, you accrue, but cannot use leave time. Once the probation period is over, your time is credited to you retroactively. I don't know if this is legal or not, but in Thailand it's hard to figure out if legality really matters.

The problem is that a lot of farangs will take time, get paid and then leave. So after the probationary period, full-benefits kick in.