Difficultly getting my annual holiday approved

[karl2007]

Hello,

Been with the same Thai company for the last 8 years. The last couple of years have been difficult.

I am entitled to 12 days a year and everytime I try and book a few days I have issues with the management about it.

I have decided to resign from my job and give them 4 weeks notice (I will tell them in the next few days). However, in the mean time I have 6 days left that I have been trying to get approved. I tried to book 1 days this week which they said no. They have also said no to booking 2 days next week. Their excuses this needs to be done or that needs to be changed or the customer wants something different. The list goes on. My final day will be the end of July. However, I don't want to leave the company without having my holidays that I am entitled too. I want to take a few days each week until my last day.

My questions: What would happen if they don't approve and I take it anyway? Could they automatically deduct it from my salary? 6 days is a lot of money that I don't want to lose.

Many thanks for any suggestions,

[jadee]

Your contract will clearly state the company policy, check it. I'm confused by how you've worked for the same company for 8 years and are unaware of their policy, though. That's very odd, if you don't mind me saying. The topic of leave and sick days is one of the most discussed topics among colleagues in most businesses. What does your contact say about paid sick days? You should get X number of days per year. If they won't approve, can't you just call in sick and get a doctor's note?

[karl2007]

In my contract I am entitled to annual holiday each year. The number of days goes up depending on years of service. I am now entitled to 12 annual days holiday each year. I am also allowed 30 days sick leave per year. Normally I am only sick 2 or 3 days a year. However, I don't want to lie about being sick. I don't feel right phoning in sick when I am not sick. And I don't want to go to the trouble of getting a doctors note signed when I am not sick.

I would rather say if you don't approve it I will take it anyway. I am just concerned if they decide to deduct it from my salary.

[B1TcoinLife]

In my contract I am entitled to annual holiday each year. The number of days goes up depending on years of service. I am now entitled to 12 annual days holiday each year. I am also allowed 30 days sick leave per year. Normally I am only sick 2 or 3 days a year. However, I don't want to lie about being sick. I don't feel right phoning in sick when I am not sick. And I don't want to go to the trouble of getting a doctors note signed when I am not sick.

I would rather say if you don't approve it I will take it anyway. I am just concerned if they decide to deduct it from my salary.

Any small soi Dr will write you a sicknote for work without doing any checking

I've gotten a few over the years, some Dr's only charge 50 or 100thb and they really don't seem to mind

[overherebc]

In my contract I am entitled to annual holiday each year. The number of days goes up depending on years of service. I am now entitled to 12 annual days holiday each year. I am also allowed 30 days sick leave per year. Normally I am only sick 2 or 3 days a year. However, I don't want to lie about being sick. I don't feel right phoning in sick when I am not sick. And I don't want to go to the trouble of getting a doctors note signed when I am not sick.

I would rather say if you don't approve it I will take it anyway. I am just concerned if they decide to deduct it from my salary.

If you resign you will also be losing a good few months (6) ? severance pay as well as a few days holiday.

Could this be why they are making things difficult , you resign it saves them a lot of money.

Edited June 23, 2016 by overherebc

[SWW]

If you resign you will also be losing a good few months (6) ? severance pay as well as a few days holiday.

Could this be why they are making things difficult , you resign it saves them a lot of money.

My experience is that if a company in Thailand wants to let someone go, it is common practice to simply make that person's working life more and more difficult and unpleasant, to the point where they quit. This way they save all the paperwork associated with having a genuine grievance and sending three written warnings, etc., or the cost of firing them (with the associated severance pay).

So perhaps they are trying (subtly) to tell you something?

Employers in Thailand generally treat their staff horribly. I once had the opportunity of speaking to someone who worked at the Department of Labour in the section where they deal with disputes between staff and companies, and I asked what percentage of such disputes is usually the fault of the employer, and what percentage is usually the fault of the employee. She said categorically that 95% of all disputes are found in favour of the employee.

Your other course of action is to quit one day and never turn up for work after that. That's what a lot of Thais do - they find another job, take sick days to go to the interviews, and then say they will start Monday. The Friday before they go to their employer and say the equivalent of "seeya!". Yes, their contract says they should work an extra month, but if they are in breach of that all the company can do is not pay them any more.

[mike324]

tough luck really, you got an ass employer. The company may be denying your leave on purpose because they either want you to quit without firing you, or they know you are about to quit. If you are on good terms with the HR or management, perhaps talk to them and let them know. If not, you can try the labor department....or you can just forget about it and move on

[GarryP]

If you don't take the holidays, you should get paid for them with your final salary. Accrued leave entitlement.

[siamerican108]

As suggested by another poster, the Labour Department will most likely side with you if it boils down to it, assuming you can independently demonstrate/document you have accrued and are still owed said number of days. My understanding is there is usually no contest for Public Holidays, Accrued/unused annual leave and Overtime, assuming everything is clearly documented.

The best thing you can do is to document every request for leave clearly in writing, e.g. CC/BCC leave requests to your manager to your private email. Make sure you are not overlooking another amendment / clause to your contract stipulating that annual leave requests need to be submitted X days in advance, which the employer might fall back on as a defense for denying a request for next week (the company I work requires at least three weeks in advance request)

It comes down to if a company is not able to approve annual leave request as per contract and you fulfill your end fully, then the company would be obligated to pay your outstanding holidays.

Nobody likes to waste time of having to go to Labour Department, deal with (pay) lawyers, and assuming you're on a work permit with the company, if thing goes sour and you have to leave do visa loops it will only make things complicated for you, so best to try to be nice about it if possible.

Dot your Is, Cross your Ts, seek a clear mutually beneficial dialogue, but yes the labor law is on your side.

[howsthat]

I suggest that you go to the dept of Labour and report the matter. Many Frangs believe that the Labour dept. will only deal with Thai's, well I can assure you they will deal with Frangs just as well as Thai's. They will be fair to Thai and Frang alike. My experience is that they always are on the side of the employee and not the company. By reporting the matter to them, you are creating the paper trail for an unfair dismal case. Don't take time off with out authorisation, if you do that puts you in the wrong and give them the excuse they want to get rid of you without compensation. The labour dept. will give you the correct advice that is the law, follow it and you should be OK. Also stick there and you could get a reasonable sized pay off, especially of you have already been in contact with the labour dept. Good luck.

[sanukjim]

What kind of business is it ? What do you do ?

[GAZZPA]

I don't know what your contract says but you will have a period of time for sick leave without a doctors note I suspect. So, if you are leaving and it doesn't matter to you just take a some days off sick over the next 6 weeks.

To be honest if you have been with them for 8 years and now you want to leave because things are difficult it sounds like you have bigger things to think about other then losing 6 days holiday pay.

Whatever happens, good luck with your job hunting.

[karl2007]

I'm resigning as my wife and I are leaving the country at the end of July.

The company isn't trying to get rid of me as I do a lot of work for them and I am the only Farang there. Most of it is because my Thai manager like to make me look small in front of the Thai staff.

I think they will be very surprised when I hand in my resignation letter.

If they don't approve of my holiday without any compensation I will contact the Labour department.

Many thanks for the advice.