Sick leave and Thai labour law

[Just Destiny]

Can anyone explain :

 

1) How many days a Thai employee is allowed to claim sick leave in first 12 months of employment?

2) Does it make difference if there is medical certificate or not?

3) Can unauthorised absences and unsatisfactory performance be reasons for dismissal?

4) What are the procedures for dismissal?

 

Thank you

 

[2008bangkok]

1. 30
2. Needs after 3 days
3. Probably
4. 1 month salary for every year + 30 days notice unless you can prove they were negligent but if they go to Thai labour law they generally side with employee.

[FritsSikkink]

Read all about it here:

 

http://www.labour.go.th/en/attachments/article/18/Labour_Protection_Act_BE2541.pdf

 

[blackcab]

Unauthorised absence in excess of 3 working days (ie they just dissappear) is a reason for dismissal.

 

Make sure you have fingerprint time clocks or you download the cctv recordings for the entire 3 days for proof, otherwise it would be your word against theirs.

[Just Destiny]

not sure it is the same rules for a company and small takeaway business with 2 employees registered only at teseban . employment in the first year i heard like 7 days sick leave. there is no contract by the way

[Just Destiny]

37 minutes ago, blackcab said:

Unauthorised absence in excess of 3 working days (ie they just dissappear) is a reason for dismissal.

 

Make sure you have fingerprint time clocks or you download the cctv recordings for the entire 3 days for proof, otherwise it would be your word against theirs.

what about 6 days in a month but no consecutive 3 days ?

[blackcab]

1 hour ago, Just Destiny said:

what about 6 days in a month but no consecutive 3 days ?

 

That doesn't count. It must be three consecutive working days. I take it you use a comprehensive contract of employment and you have a staff handbook that states unauthorised absence is a disciplinary matter?

 

If so, you need three disciplinaries within any rolling 12 month period for the same offence. If you can get that, the Labour Court probably won't find against your company.

 

I know this from personal experience. I dismissed an employee after numerous disciplinaries. He repeatedly disobeyed my written instructions and continued to purchase stock from unauthorised suppliers (who gave him a kickback).

 

He went to Labour Court and won the maximum payout possible. He was employed by a Thai company too; I just happened to be his manager.

 

Depending on the level of salary and length of service it's sometimes less hassle to dismiss them, accept you will pay severance and then not fill their position for 3 or 4 months to recoup the expense.

[FritsSikkink]

15 hours ago, Just Destiny said:

what about 6 days in a month but no consecutive 3 days ?

Read the labour LAW link I supplied, it is valid for ALL businesses