Employment Laws....

[inventorinthailand]

Hi,

I have a key person on my company who wants to have two month break from the job to visit a friend abroad, alternative is to quit the job in end of this month. This person have worked for me for one year and are very a important key person for company. To quit will effect the whole existence of the company as we are in a difficult situation for the moment – BAD TIMING for sure.

I have asked the person to stay at least the 3 month to teach a new person for the position, but no.

What does the law says?? Is there any laws?? We don’t have any written contract but a verbal one that says that both parts has to inform the other at least 3 month before any cancellation.

[singa-traz]

Google "Thai Labor Law" ... :-)

http://www.thailabour.org/law/thai/index.html

[Maestro]

We don’t have any written contract but a verbal one that says that both parts has to inform the other at least 3 month before any cancellation.

Difficult to enforce a verbal contract.

Regarding legal requirement for notice, see here, but this appears to refer only to the notice by the employer.

No notice need be given where a fixed term contract terminates on its expiry. For a periodical contract, notice must be given on or before the wages payment date, to expire upon the next payment date. Payment may be given in lieu of notice. No notice need be given where dismissal is for permitted cause.

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Maestro

[~G~]

We don’t have any written contract but a verbal one that says that both parts has to inform the other at least 3 month before any cancellation.

Unlike legal systems based on the English law, verbal contracts in Thailand means almost nothing.

Without a binding contract, the request to stay needs to be on a personal level rather than trying to enforce something that was said in the past. With many Thais the personal interaction, asking for "help" or "assistance" rather than demanding it, will be much more effective.

[Simmo]

30 days sick leave per year??

http://www.thailabour.org/law/thai/code.html#sick

Are they serious? ..

[cclub75]

30 days sick leave per year??

http://www.thailabour.org/law/thai/code.html#sick

Are they serious? ..

Absolutly.

And many workers know it. And some abuse it...

It's also very common among civil servants.

Depending on company's regulation, they must provide a medical certificate for let's say 2 days of sickleave. But 1... It's sabai.

[pedro01]

You have no contracts, so you don't have any recourse under Thai Labor Law. Even if you had a contract, an employee could always simply stop coming to work (as is the case in most countries) and your only recourse really is to stop paying them. You cannot force anyone to go to work - and if you did try something - it would effect the other employees in the company as they'd all know what was going on.

I have been in labor court (as employee chasing $50k in bonus & expenses) and won - it's very much in favour of the employee.

If he's that good - I'd let him take the 2 months off unpaid, if it's important for him to finish a project before he leaves, then tell him the unpaid leave is on the condition of a date change. If it's REALLY important to you & he doesn't budge - offer him 1 months pay when he's away. If he still doesn't budge - you are better off without him long term.

I have 35 Thais working for me - all under contract and not a single one is irreplaceable, although I guess we all think we are ! One guy - who is really good had his mother attempt suicide with a paracetemol overdose - it took 3 years before she finally died - in that time I gave him about 6 months paid leave, plus another month when she died in May. His father died 3 weeks ago - he was devastated - I told him to come back when he was ready. On paid leave.

Sure 30 days of sick pay is a lot but if you employ good people & earn their respect - they will not abuse it. For one, they'll lose the respect of their co-workers which is prized when you build a good team & team spirit.

One thing I do is that I tie their bonus to attendance - so when someone is off for a week, the others end up working extra hours to ensure their quarterly bonus is paid. In the case above, this guys co-workers made up for his total 8 months of absence - none of them begrudge him either.

You really need to review your policy regarding contracts though - to have a key employee without a contract is taking your eye off the ball somewhat.

Cheers

Pedro

[Moonfruit]

You have no contracts, so you don't have any recourse under Thai Labor Law. Even if you had a contract, an employee could always simply stop coming to work (as is the case in most countries) and your only recourse really is to stop paying them. You cannot force anyone to go to work - and if you did try something - it would effect the other employees in the company as they'd all know what was going on.

I have been in labor court (as employee chasing $50k in bonus & expenses) and won - it's very much in favour of the employee.

If he's that good - I'd let him take the 2 months off unpaid, if it's important for him to finish a project before he leaves, then tell him the unpaid leave is on the condition of a date change. If it's REALLY important to you & he doesn't budge - offer him 1 months pay when he's away. If he still doesn't budge - you are better off without him long term.

I have 35 Thais working for me - all under contract and not a single one is irreplaceable, although I guess we all think we are ! One guy - who is really good had his mother attempt suicide with a paracetemol overdose - it took 3 years before she finally died - in that time I gave him about 6 months paid leave, plus another month when she died in May. His father died 3 weeks ago - he was devastated - I told him to come back when he was ready. On paid leave.

Sure 30 days of sick pay is a lot but if you employ good people & earn their respect - they will not abuse it. For one, they'll lose the respect of their co-workers which is prized when you build a good team & team spirit.

One thing I do is that I tie their bonus to attendance - so when someone is off for a week, the others end up working extra hours to ensure their quarterly bonus is paid. In the case above, this guys co-workers made up for his total 8 months of absence - none of them begrudge him either.

You really need to review your policy regarding contracts though - to have a key employee without a contract is taking your eye off the ball somewhat.

Cheers

Pedro

Pedro,

It seems to me that you are indeed very on the ball.

in general, i have found that Thais favour a good team spirit more than anything else, even money.