Can Replacement Compensate Work On Holiday ?

[suechai]

Good day to all.

I am a foreigner working in a local Thai company.

I hope someone can give me some guide and help to clear my doubt about the overtime issue.

My employment contract is same to the local staff which govern by the local labor act.

I am frequently ask to work on rest/holiday.

But my employer gives me 0.5day replacement leave for work less than 4 hours, 1.0 day replacement leave for work less than 8 hours. And the excess hours after 8 is paid with money following the rate published by the labor act.

As I can not find any clause inside the labor act. about overtime can be compensated with replacement leave, so I wonder if my employer can exchange monetary overtime with replacement leave.

Please advise.

Thank you very much.

[Soutpeel]

Good day to all.

I am a foreigner working in a local Thai company.

I hope someone can give me some guide and help to clear my doubt about the overtime issue.

My employment contract is same to the local staff which govern by the local labor act.

I am frequently ask to work on rest/holiday.

But my employer gives me 0.5day replacement leave for work less than 4 hours, 1.0 day replacement leave for work less than 8 hours. And the excess hours after 8 is paid with money following the rate published by the labor act.

As I can not find any clause inside the labor act. about overtime can be compensated with replacement leave, so I wonder if my employer can exchange monetary overtime with replacement leave.

Please advise.

Thank you very much.

Not quote sure what you are asking..

But I am reading that can you take leave in-lieu of being paid overtime ?....answer is yes, but will not be in the labour act, this is an mutal agreement between yourself and the employer ie it cant be forced on you

If the question is are you entitled to be paid OT in terms of Thai labour law, then answer is yes.

[elkangorito]

The following sections of the Act may enlighten you;

Section 29.

Sections 61 to 64.

Section 68.

[suechai]

Not quote sure what you are asking..

But I am reading that can you take leave in-lieu of being paid overtime ?....answer is yes, but will not be in the labour act, this is an mutal agreement between yourself and the employer ie it cant be forced on you

If the question is are you entitled to be paid OT in terms of Thai labour law, then answer is yes.

Thank you very much for information.

[suechai]

The following sections of the Act may enlighten you;

Section 29.

Sections 61 to 64.

Section 68.

Thank you very much for the information.