Thailand labour law says that employees are entitled to unlimited sick leave but the number of paid sick days is only up to 30 regular workdays per year. The employer can ask an employee to produce a certificate from a qualified doctor for a sick leave of three days or more. What happens if an employee skips work too much for 1 or 2 days at a time? As an employer, you have no choice but to pay the employee for all the days that he does not come to work saying that he is sick. You can only require him to show you a certificate from a doctor only if he has not come to work 3 days in a row and the certificate has to say that the doctor wanted him to take 3 (or more) days off. If he does not show you the certificate, you can fire him as this is a legal ground for letting an employee go and the employee cannot demand a severance pay.
If an employee skips work too often for 1 or 2 days at a time, and if you want to let him go, he is entitled to a severance pay. As an employer in Thailand, you should be careful when you want to fire someone. Please make sure you understand the steps to do it right. Read this article for termination of employment.
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The Thai labor law stipulated that the maximum number of working hours of employees in Thailand is 8 hours a day and not more than 48 hours a week. The employer and the employee may agree to arrange the period of working hours for some types of works, as stipulated by the Thai labor law, but the total number of working hours in any case must not exceed 48 hours a week. In the business in which the work is deemed dangerous to health or personal safety, as stipulated by law, the number of working hours must not exceed 7 hours a day and totally not to exceed 42 hours a week.
Employees in Thailand are entitled to a daily rest period of at least 1 hour after working for 5 consecutive hours. The employer and the employee may arrange the daily rest period to be shorter than 1 hour at each time but it must not be less than 1 hour a day in total. Employers in Thailand must provide a weekly holiday of at least 1 day a week at intervals of a 6 day period for the employee.
If employees work in excess of the maximum number of hours fixed either by regulation or by specific agreement, the employees are entitled to overtime compensation. The rates of overtime vary from 1.5 times to 3 times the normal average hourly wage rate for the actual overtime worked. Certain employees engaged in employment related work on behalf of the employer and other types of work as prescribed by law are not entitled to overtime compensation. The maximum number of overtime working hours is limited to not more than 36 hours a week.
For any questions regarding Thailand Labor Law, please contact ThaiLawyers.
Here is the full version of Thai Labour Protection Act B.E. 2541,
Thai Labour Protection Act (No.2) B.E. 2551,
and Thai Labour Protection Act (No. 3) B.E. 2551.