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The Phuket News THURSDAY  |  August 21, 2014  |  Last update: 07:00 PM.
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In Part 2 of our series on the labour law, The LPA lays out the specific rules for employees to take time off work. Weekly leave Under the LPA an employee must be given at least one day off work per week. An exception is made for hotel employees. The employer and the employee may agree that the employee can accumulate and postpone his weekly leave days within a period of four consecutive weeks, to be taken at any time later. Annual leave An employee who has worked for an uninterrupted period of one year must thereafter be given at least six working days of personal annual leave every year. In addition to such personal annual leave, an employee must be given leave on not fewer than 13 national holidays per year. Again, there is an exception for employees of hotels, entertainment establishments, beverage or food shop, or similar: the employer and the employee may agree that the employee will take leave on an alternative day or days to substitute for the official holiday. Note that the higher requisite “holiday wages” that apply for work on official holidays must be paid to the employee for his work on any such substitution work day. In any event, an employer must obtain the employee’s agreement to work overtime or on a holiday. Once again, there is an exception for employees of hotels, entertainment venues, food stores, clubs, or other similar businesses. Their employers may require them to work on a holiday without prior consent. Sick leave An employee is entitled to a sick leave as long as he or she is actually ill. However, if an employee takes sick leave for three days or more, the employer may require the employee to present a certificate of illness from a licensed physician or an official medical establishment – a clinic or hospital. Maternity leave A pregnant employee is entitled to a maternity leave of up to 90 days for each pregnancy. Other leave Finally, the LPA also provides many other categories of leave for the employee: for example, leave for: “necessary business”; sterilisation; military training and service, and others. Employers who violate or fail to comply with the LPA may be punished, depending on the severity of the offence, with a fine ranging from B5,000 to B200,000, or imprisonment of up to one year, or both. The author is a founder of Duensing Kippen, a multi-service boutique domestic and cross-border law firm specializing in real estate, construction, hospitality and corporate/commercial transactional matters as well as dispute resolution through negotiated settlement, arbitration and litigation proceedings. It is also the only firm in Thailand whose attorneys include three internationally licensed arbitrators/Members of the Chartered Institute of Arbitrators (MCIArb). Duensing Kippen is also the only firm in Thailand that compliments real estate, construction, hospitality, and corporate/commercial legal expertise with a core tax law practice. Duensing Kippen can be reached at: phuket@duensingkippen.com or for more information visit duensingkippen.com
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