Advice - Matenity Leave

[thumbinthrough]

I friend of mine who works (with WP and correct visa etc.) is expecting a baby soon. Here employer has told her that as she is not Thai - she is American. The company (in this case an international school) does not have to pay her during her maternity leave, when she has the baby.

Thai Labour Law (which i guess would apply to a non-thai national with a valid WP) states employee are entitled to a minimum of 90 maternity leave with 45 being paid by the employer.

Her school has turned around and said that as she is not Thai this law does not apply to her (so why have a WP if you are excluded from the law) and so won't pay.

Her contract states that 'this contract is governed by the laws of Thailand'.

I am fairly sure the school is trying to wiggle out of paying money. But, as a single man I have no experience of maternity leave issues.

Can anyone please advise or help shed some light on the subject - Are non-thais excluded from Thai Labour Law.

[TerryLH]

Non Thai workers are covered the same as Thai workers *.

* The problem is that she apparently works for a 'private' school, which is not covered by the Labor Act.

In January 08 emplyees at private schools were removed from being covered by the LA. Now the MOE is the office taking care of them.