Thai Labour Law - Maternity Leave

[whistleblower]

I have put this in General forum, mods please feel free to move it.

We have a lady working with us who quite frankly is useless. We want to get rid of her but she is 7 months pregnant and this would be risky as we might get accused of firing her in order to avoid paying maternity leave pay.

I have suggested that we keep her until she leaves on maternity leave and hope she doesnt return. (We will pay her mat leave)

If she returns I have suggested we give her menial jobs like photo copying etc to do only (actually I dont think she is up to this either) in the hope she gets bored/loses face and quits.

I have read somewhere that the company is bound by law to give her a job at the same pay rate as before she left but it doesnt stipulate that it has to be the same job.

Am I right in thinking this or does any one have any more info.

Many thanks

[Soutpeel]

The employee is entitled to 90 days maternity leave, and minumum of 45 day must by paid by the company by law, however most reputable companies and understanding bosses in Thailand would pay the full 90 days.

On return to work she should be reinstated at the same rate of pay before she left, and if you change her job desciption this would infer a new contact could be required as you are changing her T&C of employment. In practical terms as long as she gets the same money and conditions as before she left, but her duites change, this wouldnt be problem IMHO

[whistleblower]

The employee is entitled to 90 days maternity leave, and minumum of 45 day must by paid by the company by law, however most reputable companies and understanding bosses in Thailand would pay the full 90 days.

On return to work she should be reinstated at the same rate of pay before she left, and if you change her job desciption this would infer a new contact could be required as you are changing her T&C of employment. In practical terms as long as she gets the same money and conditions as before she left, but her duites change, this wouldnt be problem IMHO

Thank you 96 views and 1 answer. i just wanted to check I hadn't got it wrong.

[whistleblower]

We are definately not gonna pay the full 90 days! But it is my understanding that she receives the other 45 days pay from the social welfare fund at half pay.

[mogandave]

How long has she worked for you and how much severance does she have coming? Just terminate her and agree to pay her the severance or the three months, whichever is greater and write her a reference letter. She'll go for it.

The useless ones never quit.

[Soutpeel]

We are definately not gonna pay the full 90 days! But it is my understanding that she receives the other 45 days pay from the social welfare fund at half pay.

Only entitled to social welfare if the fund has been paid into for a period if at least 7 months in prior to pregancy, if less she is not entitled to this

[whistleblower]

We are definately not gonna pay the full 90 days! But it is my understanding that she receives the other 45 days pay from the social welfare fund at half pay.

Only entitled to social welfare if the fund has been paid into for a period if at least 7 months in prior to pregancy, if less she is not entitled to this

This has ben paid and she is entitled to it