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Thailand - Maternity protection - 2011


LAST UPDATE

16 September 2011

SOURCES


Name of Act

Labour Protection Act, B.E. 2541, dated 12 February 1998, as amended by Labour Protection Act (No. 2) B.E. 2551 (2008) and Labour Protection Act (No.3) B.E. 2551 (2008). English translation, as published by ThaiLaws.com
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Name of Act

Social Security Act, B.E. 2533 (1990), dated 11 August 1990 (Government Gazette, vol. 107, part 161, Special Issue, 1 September 1990), as amended up to 31 March 1999 by Social Security Act No. 3 B.E. 2542 (1999): Government Gazette, vol. 116, part 22a, 31st March B.E. 2542 (1999)

Name of Act

Ministerial Regulations No. 7, of 19 August 1998, B.E. 2541 (1998) issued under the Labour Protection Act (Government Gazette, Vol. 52, No. 8-9, August-September 1998, pp.259-260)

Name of Act

Ministerial Regulations No. 9, of 19 August 1998, B.E. 2541 (1998) issued under the Labour Protection Act.

Name of Act

Ministerial Regulation No. 1 of 19 August 1998, B.E. 2541 (1998) issued under the Labour Protection Act.

MATERNITY LEAVE


Scope

Maternity leave entitlements apply to all employees except the following:
(i) employees who work for central, provincial and local administrations;
(ii) employees who work for state enterprises covered by the law governing state enterprise labour relations;
(iii) employees who perform agricultural work, housework which is not part of a business operation, or work that is not intended to seek economic profit;
(iv) headmasters and teachers working in private schools covered by the law governing private schools.
Labour Protection Act 1998 (as amended 2008)
Ministerial Regulations No. 9, of 19 August 1998
Ministerial Regulation No. 1 of 19 August 1998 §1-3
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Qualifying conditions

No qualifying conditions identified.

Duration


Compulsory leave

No compulsory leave requirements identified.

General total duration

Pregnant employees are entitled to not more than 90 days for each pregnancy, including holidays occurring during the period of leave.
Labour Protection Act 1998 (as amended 2008) §41
Historical data (year indicates year of data collection)
  • 2009: Not more than 90 days.
  • 2004: Ninety days
  • 1998: Ninety days
  • 1994: Ninety days

Extension

No provision for an extension of maternity leave identified.

Leave in case of illness or complications

No specific entitlement to leave in case of maternity-related illness or complications identified. However, the worker may be able to exercise the right to take sick leave on those days that she is actually ill.

The entitlement to sick leave appears unlimited, provided that the employee provides a medical certificate from a first class medical practitioner or government clinic where the sick leave is taken for 3 or more working days.
Labour Protection Act 1998 (as amended 2008) §32
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RELATED TYPES OF LEAVE


Parental leave

No entitlement to parental leave identified.

Paternity leave

No entitlement to paternity leave identified.

Adoption leave

No entitlement to adoption leave identified.

RIGHT TO PART-TIME WORK


General provisions

No right to part-time work identified.

CASH BENEFITS


Maternity leave benefits

There are 2 sources of maternity related cash benefits: one provided under the Labour Protection Act 1998 and the other arising under the Social Security Act 1990.
Labour Protection Act 1998 (as amended 2008)
Social Security Act 1990

Scope

The entitlement to cash benefits under the Labour Protection Act mirrors the scope of the entitlement to maternity leave.

The entitlement to cash benefits for a period of maternity leave (’work-leave allowance for child delivery’) under the Social Security Act applies to all insured employees. An insured employee may be any person who agrees to work for an employer in return for wages, except the following:
(i) persons employed for domestic work which does not involve in business;
(ii) public officials, daily temporary employees and hourly temporary employees of the Central Administration, Provincial Administration and Local Administration, but excluding monthly temporary employees;
(iii) employees of foreign governments or international organizations;
(iv) employees of employers who have offices in Thailand and being stationed abroad;
(v) teachers or headmasters of private schools under the law on private school;
(vi) students, nurse students, undergraduates or interning physicians who are employees of schools, universities or hospitals; and
(vii) others as described in Royal Decrees.
Labour Protection Act 1998 (as amended 2008) §§4, 5
Social Security Act 1990 §§4, 5

Qualifying conditions

No qualifying conditions apply for the cash benefits payable in relation to maternity leave under the Labour Protection Act.

For the allowance payable under the Social Security Act, the mother must be insured under that Act and must have paid contributions for not less than 7 months during the period of 15 months before the date of receiving the allowance benefits. The allowance entitlement is limited to no more than 2 deliveries.
Labour Protection Act 1998 (as amended 2008) §59
Social Security Act 1990 §65

Duration

Under the Labour Protection Act, an employer is required to pay an employee for up to 45 days of maternity leave.

Under the Social Security Act, an insured workers is entitled to payment of a work-leave allowance for 90 days.
Labour Protection Act 1998 (as amended 2008) §59
Social Security Act 1990 §§57, 66, 67

Amount

Under the Labour Protection Act, an employer is required to pay an employee the basic pay for a normal working day or, where the employee is paid on the basis of output, the basic pay in respect of a holiday.

Under the Social Security Act, an insured workers is entitled to payment of a work-leave allowance calculated by dividing one of the following amounts by 90:
(i) the first 3 months of wages employed which the employer uses as a basis in calculating contributions to be paid to the Office within the past 9 months;
(ii) if the insured person has an evidence proving that wages from a different three months of the past 9 moths shall produce the better output than the first one, the wages from those 3 months;
(iii) if an insured person has paid contributions for less than 9 months, the last 3 months of wages employed which the employer used as a basis in calculating contributions to be paid to the Office.
Labour Protection Act 1998 (as amended 2008) §§59, 60
Social Security Act 1990 §§57, 67
Historical data (year indicates year of data collection)
  • 2009: 45 days employer: 100 per cent. 90 days Social Security Fund: 50 per cent.
  • 2004: One hundred percent for first forty-five days, then fifty percent for forty-five days
  • 1998: One hundred percent for first forty-five days, then fifty percent for fifteen days
  • 1994: One hundred percent for first forty-five days, then fifty percent for fifteen days

Financing of benefits

Under the Labour Protection Act, the benefit is financed by the employer.

Under the Social Security Act, the work-leave allowance is paid from the Social Security Fund which consists of:
(i) contributions from the government, employers and insured persons;
(ii) interest earned by the Fund;
(iii) fees and additional payments required of employers and insured persons in certain circumstances;
(iv) donations and subsidies;
(v) money which becomes Fund property in accordance with §§47, 47bis, 50, 53 and 56 of the Social Security Act.
Labour Protection Act 1998 (as amended 2008) §59
Social Security Act 1990 §§22, 67
Historical data (year indicates year of data collection)
  • 2009: Employer and Social Security
  • 2004: Employer for first forty-five days, then social security
  • 1998: Employer for first forty-five days, then social security
  • 1994: Social security & employer

Parental leave benefits

No relevant entitlement identified.

Paternity leave benefits

No relevant entitlement identified.

Adoption leave benefits

No relevant entitlement identified.

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

An insured person, or the wife or de facto partner of the insured, shall be entitled to maternity benefits under the Social Security Act 1990, provided the insured has paid contributions for not less than 7 months during the 15 months before the date of receiving medical services.

The maternity benefits consist of:
(i) medical examinations and child bearing expenses;
(ii) medical treatment expense;
(iii) medicine and medical supplies expenses;
(iv) confinement expense;
(v) lodging, meals and treatment expenses in hospital;
(vi) new-born baby nursing and treatment expenses;
(vii) cost of ambulance or transportation for patients and other necessary expenses.
Social Security Act 1990 §§65, 66

Financing of benefits

Maternity benefits are paid from the Social Security Fund which consists of:
(i) contributions from the government, employers and insured persons;
(ii) interest earned by the Fund;
(iii) fees and additional payments required of employers and insured persons in certain circumstances;
(iv) donations and subsidies;
(v) money which becomes Fund property in accordance with §§47, 47bis, 50, 53 and 56 of the Social Security Act.
Social Security Act 1990 §22

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

No entitlement to nursing breaks or reduction of work hours identified.

Remuneration of nursing breaks

No relevant provisions identified.

Transfer to another post

A pregnant employee shall be entitled to request that her employer change her work temporarily, either before or after childbirth, where she presents a certificate from a first class physician certifying that she is unable to continue in her original duties. In such circumstances, the employer is obliged to consider her request.
Labour Protection Act 1998 (as amended 2008) §42

Nursing facilities

No requirement to provide nursing facilities identified. However, the Minister shall have power to issue regulations requiring an employer to provide welfare in any matter, or imposing standards for the provision of welfare. No such regulations have been identified.
Labour Protection Act 1998 (as amended 2008) §95

HEALTH PROTECTION


Arrangement of working time


Night work

An employer shall not require a female employee who is pregnant to work between 22.00 hours and 6.00 hours.
Labour Protection Act 1998 (as amended 2008) §39/1

Overtime

An employer shall not require a female employee who is pregnant to work overtime. However, the employer may employ a pregnant employee in an executive position, academic work, clerical work or work related to finance or accounting to work overtime during working days with the employee’s consent, as long as it does not effect on the health of the employee.
Labour Protection Act 1998 (as amended 2008) §39/1

Work on rest days

An employer shall not require a female employee who is pregnant to work on a holiday.
Labour Protection Act 1998 (as amended 2008) §39/1

Time off for medical examinations

An employee is entitled to take leave to attend to her personal business as necessary in accordance with work regulations.
Labour Protection Act 1998 (as amended 2008) §34
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Leave in case of sickness of the child

An employee is entitled to take leave to attend to her personal business as necessary in accordance with work regulations.
Labour Protection Act 1998 (as amended 2008) §34
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Dangerous or unhealthy work


General

A pregnant employee shall be entitled to request that her employer change her work temporarily, either before or after childbirth, where she presents a certificate from a first class physician certifying that she is unable to continue in her original duties. In such circumstances, the employer is obliged to consider her request.
Labour Protection Act 1998 (as amended 2008) §42

Risk assessment

No relevant provisions identified.

Particular risks

Prohibitions are imposed on employing pregnant workers in specified types of work and on employing any female workers in others.
Labour Protection Act 1998 (as amended 2008) §§38, 39

» Arduous work (manual lifting, carrying, pushing or pulling of loads)

An employer shall not require a female employee who is pregnant to perform work lifting, carrying on her shoulders or on a pole across her shoulders, carrying on her head, pulling or pushing loads in excess of 15 kilograms.
Labour Protection Act 1998 (as amended 2008) §39

» Work involving exposure to biological, chemical or physical agents

An employer shall not require (any) female employee to do work producing or transporting explosive or inflammable material, except where the doncitions of work are not harmful to health or body of the employee.
Labour Protection Act 1998 (as amended 2008) §38

» Working requiring special equilibrium

An employer shall not require (any) female employee to do work which must be done on scaffolding 10 meters or more above the ground.
Labour Protection Act 1998 (as amended 2008) §38

» Work involving physical strain (prolonged periods of sitting, standing, exposure to extreme temperatures, vibration)

An employer shall not require a female employee who is pregnant to perform work involving vibrating machinery or engines.
Labour Protection Act 1998 (as amended 2008) §39

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

An employer shall treat male and female employees equally in employment unless the nature or conditions of work prevent(s) the employer from doing so.
Labour Protection Act 1998 (as amended 2008) §15
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Prohibition of pregnancy testing

No relevant provisions identified.

Protection from discriminatory dismissal

An employer shall not terminate the employment of a female employee on the grounds of her pregnancy.
Labour Protection Act 1998 (as amended 2008) §43

Burden of proof

No relevant provision identified.

Guaranteed right to return to work

No relevant provisions identified, apart from the prohibition on terminating the employment of a female employee on the grounds of her pregnancy.
Labour Protection Act 1998 (as amended 2008) §43

Results generated on: 25th July 2014 at 07:16:52.
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