Thai and Cambodian press warn of escalating tensions following Miss Grand scandal

[gohkianlay]

Hi friends

I have n small business here in bangkok

I just employ n new staff he work for me for only less than a month and got sick and got a medical certificate for 25 days n may be more to come

Do I need to pay him his salary for this medical leave as he just only work for

Me for less than a month

Many thanks

[ajarnmarc]

No, and in fact most Thai's don't even pay for partial months work,

when it an employee who's just started.

If there's problems in the first three months,

and the month isn't complete, they just ask them to leave.

Sick pay isn't even an issue that comes into play.

It's not something that's generally in their work system.

They get paid to show up, and hopefully work when they do.

What I've found is they only show up when they don't have any money,

and once they've been working for awhile, and earned some advance salary,

then they start to decide when they wish to show up.

Generally resulting in these excuses of illness or family matters.

Try to keep in mind a Thai can pay a doctor to write a note for them,

it's no problem for them to receive a medical slip excusing them from work,

and that's great, but it's on their own time, not the employers.

Edited December 20, 2013 by ajarnmarc

[mmh8]

yeah, if its in the first 3 months probation period, you can just let them go as not being suitable. If they ask you can say poor health.

[MobileContent]

What sick does the medical certificate say? Normally he should be under probation for the first 3-6 months which should allow you to terminate him any time.

Edited December 20, 2013 by MobileContent

[gohkianlay]

So do I still need to pay my staff his salary for the medical leave he has

The medical cert say he got some blood clot in the brain n now he is still in hospital

He just work for my company almost one month

[juggernaut]

Is your new employee subject to a probation period before accepting them as a permanent employee? If so, you can probably just fire them saying they were deemed to be unsuitable for the job without any consequences. Otherwise, I believe you are required to pay employees up to a certain number of days sick pay per year (not sure the amount, could be 30 days?.....research the labour law) if they provide a doctor's certificate for such time. (and yes, it is easy for them to go to any doctor and pay 50-100 baht for any such certificate). Once they have used up their sick pay allocation for that year, you would not be required to pay them for time off work "sick".

I disagree with what ajarnmarc is saying unless he is talking about an informal small business "mom and pop" type employment arrangement which is "off the books". Any limited company (borisut jamgut) does concern themselves with part months pay and sick pay and absence from work etc.

[belg]

best to pay anypne

after the severed there x amount of hours, daily

no show = no money

this AINT the west

[ajarnmarc]

Is your new employee subject to a probation period before accepting them as a permanent employee? If so, you can probably just fire them saying they were deemed to be unsuitable for the job without any consequences. Otherwise, I believe you are required to pay employees up to a certain number of days sick pay per year (not sure the amount, could be 30 days?.....research the labour law) if they provide a doctor's certificate for such time. (and yes, it is easy for them to go to any doctor and pay 50-100 baht for any such certificate). Once they have used up their sick pay allocation for that year, you would not be required to pay them for time off work "sick".

I disagree with what ajarnmarc is saying unless he is talking about an informal small business "mom and pop" type employment arrangement which is "off the books". Any limited company (borisut jamgut) does concern themselves with part months pay and sick pay and absence from work etc.

Yes, I was referring to an informal business.

That's what this sounds like here in this post.

I also pay my staff for each day they work,

not hold the nuse over their head to complete the month or they get nothing attitude,

but I've seen the Thai's do it often.

This comes into play for Thai's unfortunately like to work for foreigners,

as they can take better advantage of us.

Not because they appreciate our labor practices,

and that's looking like what's going on here.

But none the less, anything under 90 days working is to the owners advantage.

[lostinsurin]

So do I still need to pay my staff his salary for the medical leave he has

The medical cert say he got some blood clot in the brain n now he is still in hospital

He just work for my company almost one month

So the season of goodwill is upon us,

staff in hospital with blood clot on brain do I have to pay his meager salary?

have you no shame asking such a question? go and visit his family and him and PAY THE POOR BAST......D

In a case like this why pose the question?

[scorecard]

yeah, if its in the first 3 months probation period, you can just let them go as not being suitable. If they ask you can say poor health.

Is there an employment contract? What does it say specifically about probation and/or sick leave / payment whilst on sick leave.

The Thai labor law is well established and quite clear to understand. And in recent years they have leant towards the employee. And more and more employees are taking cases to this court.

Others will tell you that if there's no written agreement then the law simply doesn't apply. That's absolutely not true.

[scorecard]

Is your new employee subject to a probation period before accepting them as a permanent employee? If so, you can probably just fire them saying they were deemed to be unsuitable for the job without any consequences. Otherwise, I believe you are required to pay employees up to a certain number of days sick pay per year (not sure the amount, could be 30 days?.....research the labour law) if they provide a doctor's certificate for such time. (and yes, it is easy for them to go to any doctor and pay 50-100 baht for any such certificate). Once they have used up their sick pay allocation for that year, you would not be required to pay them for time off work "sick".

I disagree with what ajarnmarc is saying unless he is talking about an informal small business "mom and pop" type employment arrangement which is "off the books". Any limited company (borisut jamgut) does concern themselves with part months pay and sick pay and absence from work etc.

Yes, I was referring to an informal business.

That's what this sounds like here in this post.

I also pay my staff for each day they work,

not hold the nuse over their head to complete the month or they get nothing attitude,

but I've seen the Thai's do it often.

This comes into play for Thai's unfortunately like to work for foreigners,

as they can take better advantage of us.

Not because they appreciate our labor practices,

and that's looking like what's going on here.

But none the less, anything under 90 days working is to the owners advantage.

Suggest you rethink your attitude.

[gohkianlay]

So do I still need to pay my staff his salary for the medical leave he has

The medical cert say he got some blood clot in the brain n now he is still in hospital

He just work for my company almost one month

So the season of goodwill is upon us,

staff in hospital with blood clot on brain do I have to pay his meager salary?

have you no shame asking such a question? go and visit his family and him and PAY THE POOR BAST......D

In a case like this why pose the question?

The problem is not paying him but when I ask which hospital he is now so I can vist him he just say no need to come see him

The medical cert he give to me is from n local clinic not from any hospital

[lostinsurin]

So do I still need to pay my staff his salary for the medical leave he has

The medical cert say he got some blood clot in the brain n now he is still in hospital

He just work for my company almost one month

So the season of goodwill is upon us,

staff in hospital with blood clot on brain do I have to pay his meager salary?

have you no shame asking such a question? go and visit his family and him and PAY THE POOR BAST......D

In a case like this why pose the question?

The problem is not paying him but when I ask which hospital he is now so I can vist him he just say no need to come see him

The medical cert he give to me is from n local clinic not from any hospital

Then only pay him face to face, if he is in hospital he will have to tell you which one, but this sounds like .......................

[Jasun]

Amount of sick leave should be spelled out in the employment contract, and will be pro-rata during a probation period.

It's normally around double the number of days annual leave for a new employee.

Sent from my iPhone using Thaivisa Connect Thailand mobile app

[gohkianlay]

Have just check with the labour deptment office

The official there say I have to pay him full salary as he has medical cert to prove he is sick even if the staff just started working for only one day I still have to pay him up to 30 working days

[scorecard]

So do I still need to pay my staff his salary for the medical leave he has

The medical cert say he got some blood clot in the brain n now he is still in hospital

He just work for my company almost one month

So the season of goodwill is upon us,

staff in hospital with blood clot on brain do I have to pay his meager salary?

have you no shame asking such a question? go and visit his family and him and PAY THE POOR BAST......D

In a case like this why pose the question?

The problem is not paying him but when I ask which hospital he is now so I can vist him he just say no need to come see him

The medical cert he give to me is from n local clinic not from any hospital

So what date is on the medical certificate? Is it before he entered hospital (if he did)?

Does the visiting doctor at the hospital also have a shop front clinic? Maybe all certificates are issued by his staff at his clinic?

Is there a possibility he doesn't want other hospital patients and their visitors to see a foreigner visiting him?

[SOTIRIOS]

...sounds like you definitely found the wrong person....they want you to pay them from the beginning without even working for it...

...I have heard that it is easy to get a Doctor to comply with 'Medical Certificate' requests....

...whatever the case, you owe them nothing....and please do NOT consider keeping them.....

[simondan]

Have just check with the labour deptment office

The official there say I have to pay him full salary as he has medical cert to prove he is sick even if the staff just started working for only one day I still have to pay him up to 30 working days

30 days? Thats generous! The standard in Australia is 10!

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[Spoonman]

30 days? Thats generous! The standard in Australia is 10!

30 days in Thailand, what does Australia have to do with it ?

[MeowBundit]

The standard in Australia is 10!

Here is not Australia.

[MeowBundit]

So do I still need to pay my staff his salary for the medical leave he has

The medical cert say he got some blood clot in the brain n now he is still in hospital

He just work for my company almost one month

Almost one month is not a 2-3 days. So, how many days exactly he work?

I suggest to pay him month salary.

Then, according to situation, looks like he is not will to work anymore, because he not will to see someone from company. Then, consult lawyer for reason to terminate contract, or at least not pay for such a long leave. I think you will not see him again.

[simondan]

The standard in Australia is 10!

Here is not Australia.[/quote

Yeah? I hadnt noticed.

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