Sick Employee

[dave111223]

We have 2 employees. One who has been working for about 9month is sick in the hospital, from what i can understand it's some kind of problem with the nerves in her arm. It seems like it's going to be a fairly long term problem.

The employment is above board, and we pay the social security tax, so she has a hospital card which pays for the hospital.

What are our obligations as an employer? We only have 2 employees so we cannot afford to be paying one employee who does not actually come to work or is not able to perform the job. How long are we required to employ/pay the sick employee? What are our obligations in terms to severance or workers comp. etc...

The job involves manual labor (we do screen printing) and so even if she is out of the hospital soon it seem unlikely that she'd able to do the job any time soon.

[monty]

We have 2 employees. One who has been working for about 9month is sick in the hospital, from what i can understand it's some kind of problem with the nerves in her arm. It seems like it's going to be a fairly long term problem.

The employment is above board, and we pay the social security tax, so she has a hospital card which pays for the hospital.

What are our obligations as an employer? We only have 2 employees so we cannot afford to be paying one employee who does not actually come to work or is not able to perform the job. How long are we required to employ/pay the sick employee? What are our obligations in terms to severance or workers comp. etc...

The job involves manual labor (we do screen printing) and so even if she is out of the hospital soon it seem unlikely that she'd able to do the job any time soon.

I'm not an expert, but AFAIK when the sickness is not related to, or caused by the employment, then you will have to pay nothing.

That is why the employer pays 50% of the social security fund contributions!

If the employer is not legally bound to compensate for the sick employee, then this employee can claim 50% of his/her daily wage from the social security fund. They will pay this for up to 90 days per case, and up to 180 days per year if multiple occurences.

http://www.sso.go.th/englishsite/page_174

If within the legal framework of the law (Workmen's compensation act) your are obliged to pay for the employee, then you have to pay 60% of their wages and this up to 1 year.

[dave111223]

I'm not an expert, but AFAIK when the sickness is not related to, or caused by the employment, then you will have to pay nothing.

That is why the employer pays 50% of the social security fund contributions!

If the employer is not legally bound to compensate for the sick employee, then this employee can claim 50% of his/her daily wage from the social security fund. They will pay this for up to 90 days per case, and up to 180 days per year if multiple occurences.

http://www.sso.go.th/englishsite/page_174

If within the legal framework of the law (Workmen's compensation act) your are obliged to pay for the employee, then you have to pay 60% of their wages and this up to 1 year.

Thanks.

So the employer could apply to have the social security start paying out 50% of wages and stop salary immediately.

Or is there a certain amount of time that you must continue to pay the wages before moving the employee onto the social security wages?

[monty]

I think the social security is responsible from day one.

It's actually the employee having to apply for the compensation after the employer supplied all proper paperwork.

I faintly remember that the employer had to make up the other 50%, but I don't seem to be able to find the relevant laws, and also am not sure in which particular case that was.

Browse the website I gave above, it has all the legislation translated in English available. Or better, let you Thai staff call them directly, I assume they will have some kind of help line!

[raro]

off topic, and just curious....how did you get a work permit with 2 employees?

[dave111223]

off topic, and just curious....how did you get a work permit with 2 employees?

I don't have a work permit, and i don't work at the shop; my wife does.

P.S i wonder why someone rated this topic as a 1...? I never understand the TV rating system.

Edited September 8, 2009 by dave111223