When hiring a domestic worker, there are always questions about employment; some simple and some complex.
Many of them a potential employer would have asked at, or before, the interview stage.
But sometimes they slip through the net, so we have collated below many of the most commonly asked questions about employment.
Q. Does the National Minimum Wage (NMW) law apply to domestic workers?
The National Minimum Wage law does not apply to domestic workers. However, the average pay for full-time domestic workers in Bangkok is higher than the official 330 baht daily national minimum wage.
Q. How long is a standard working day?
Domestic workers are not covered under Section 23 of the Labor Protection Act, which regulates standard work hours. Since a ‘standard’ 8-hour work day (48-hour week) does not apply, it is up to employers and employees to agree upon work hours.
Q. When do I need to pay overtime? How much should I pay for overtime?
The answer depends on the type of overtime.
If the domestic worker is paid on a monthly basis and is then asked to work on a weekly, traditional, or annual holiday, she is entitled to at least an extra day’s wages in compensation.
For example, if a domestic worker earns 16,000 baht per month in salary, her daily rate would be 533 baht (16,000 baht/30 days). She is entitled to at least an extra day’s salary (533 baht) for working on a weekly, traditional, or annual holiday.
The provisions of the Labor Protection Act covering domestic workers do not cover overtime pay for extra hours worked above and beyond the normal work hours. Since a standard 8-hour workday (48-hour week) does not apply to domestic workers, it is up to the employer and the employee to agree upon overtime hours and rates, if any.
Q. I have heard that employers are obligated, by law, to pay one month’s salary for each year of work upon terminating employment. For example, if my Maid earns 16,000 baht per month and has worked for us for five years, am I legally bound to pay her 80,000 baht severance if we need to terminate her employment due to relocation?
Since domestic workers are not covered by Section 118 of the Labor Protection Act, domestic workers are not entitled to severance pay. If you have given sufficient notice – which is one month, if you pay your domestic worker monthly – there is no legal obligation to provide any severance pay.
The only exception is if you terminate ‘without notice’, in which case you must provide one month’s salary. Many employers choose to give a bonus to their employees at the time of termination in appreciation of good service, but there is no legal obligation to do so.
Q. My husband and I both work at an American company. Thai Law says that employers have to give domestic workers 13 ‘traditional holidays’ off each year. The holiday calendar that my company follows is a mix of Thai and American holidays. Does this mean that my Nanny will have some Thai holidays off while I am supposed to be at work? Is it legal to have my Nanny follow the same holiday calendar used at my company to ensure that my children have childcare when I am at work?
The Law allows for the observance of religious holidays, such as Christmas, but does not allow for, say, American Independence Day to be considered as a ‘Thai traditional holiday’.
While you cannot strictly follow the American company’s holiday calendar, you do have some flexibility over which 13 (of the 18) paid ‘traditional holidays’ to choose.
It is a good idea to discuss and write down the holiday schedule your domestic worker will follow at the beginning of each year, or at the commencement of her employment, so that there is no misunderstanding or confusion.
The law advises only that there are a ‘minimum’ of 13 traditional holidays to be given; there are almost half as many again that can be given, should you choose to do so, in any calendar year.
Note that if you need your domestic worker to work on a particular holiday and your employee agrees to work that extra day, normal holiday pay rates apply (i.e. you will need to an extra day’s salary if the worker is paid monthly).
Q. If the Government announces additional official holidays, is my Maid/Nanny entitled to those additional holidays?
The Law states that domestic workers are entitled to at least 13 ‘Thai traditional holidays.’ This means that employers are not obligated to give more than 13 holidays, even when additional holidays are announced by the Government.
It is up to the employer to decide whether to provide additional paid holidays beyond the 13 that are mandated by law.
Q. My Maid is from Myanmar and has been working for us for two years. She would like to take three weeks off this year to travel home and see her family. Can she “save up” vacation days by working during traditional holidays and combining those days with her six annual holidays to give her enough time to travel home and back?
No. Traditional holidays must be observed on the day itself. If your Maid works on one of the 13 traditional holidays (see example in the previous question), then you must pay holiday pay rates.
It is common for workers to combine traditional holidays, such as Songkran, with their 6 days of annual holidays.
Q. If a traditional holiday falls on a Saturday, which is a normal work day for my Nanny, and a substitute holiday is celebrated on the following Monday, which day is she entitled to have off? For example, a couple of years ago Mother’s Day was Saturday, August 12th, and the substitution day was Monday, August 14th. Should I have given her the 12th, the 14th, or both?
In this case, you have to first look if Mother’s Day is one of the 13 traditional holidays that you and your Maid had agreed upon. If not, there is no need to give her any day off.
However, if the Mother’s Day is one of your agreed traditional holidays, then you definitely need to give her at least one off day, which in this case would have been the 12th.
Q. I just hired a part-time housekeeper who works Tuesday and Thursday mornings for a total of eight hours per week. Is she entitled to any holidays?
According to the law, provisions regarding holidays of full-time workers and part-time workers are the same. This means that both are entitled to the same weekly, traditional, and annual holidays.
However, section 56 says that part-time workers can only get paid on traditional and annual holidays; they are not entitled to get paid on their weekly holiday.
Q. Do we need to sign a written contract with our Maid or Nanny?
No. There is no need to sign a written contract. It would not be enforceable by law anyway even if you did – so any such document drawn up between you and your Maid would only actually be an ‘Agreement’.
It is strongly advised that you hire through an Agency, who should already have prepared an Agreement for you and your Maid to complete together; this will outline the terms of her employment with you.
It is important for both you and your employee to understand and agree on job tasks, responsibilities, remuneration, number and timing of holidays (weekly, traditional, and annual); the Agency paperwork will account for this.
Q. Do the labor laws apply even if I do not have a written contract with my Maid?
Yes. The provisions in the Labor Protection Act B.E. 2541 (1998) as specified by Ministerial Regulation No.14, B.E. 2555 (2012) apply, regardless of whether you have a written agreement with your Maid.
Q. How can I sign my domestic worker up for social security? What is the legal responsibility of the employer to provide medical care?
Unfortunately, domestic workers are explicitly excluded from social security. If your employee is Thai, she should be eligible for free medical care under the Universal Coverage Scheme (UCS), also known as the ‘Gold Card’ scheme.
Foreign workers who have a work permit for domestic work will be covered under a government health insurance scheme. Workers sign up for the scheme as a part of the process of obtaining their work permit.
Some employers purchase additional, private accident and emergency medical insurance, but this is not mandatory by law and is expensive.
More common practice is for employers to cover the costs of medical care and wellness checks, especially when the worker is registered for the UCS program at a distant hospital or is non-Thai, but this is not mandatory by law.
Q. What recourse do I have as an employer if a Maid or Nanny is dishonest, steals, or performs poorly?
If there is a criminal act involved, contact your local police department immediately.
An employee can be terminated, effective immediately, if the employee’s conduct falls into one of the six categories specified in Section 119 of the Labor Protection Law, as follows:
performing his/her duty dishonestly or intentionally committing a criminal offence against the Employer;
wilfully causing damage to the Employer;
committing negligent acts causing serious damage to the Employer;
violating work rules, regulations or orders of the Employer which is lawful and just, and after written warnings having been given by the Employer, except for a serious case with no requirement for the Employer to give warning. The written warning shall be valid for not exceeding one year from the date when the employee commits the offence;
absenting himself/herself from duty without justifiable reason for three consecutive working days, regardless of whether there is a holiday in between; and
being sentenced to imprisonment by a final court judgment.
In item 6., if the imprisonment is for offences committed by negligence or a petty offence, it shall be the offence causing damage to the Employer.
Note that the conduct listed in Section 119 is very severe. Dishonesty and stealing are covered under section 119. However, poor performance is not.
Therefore, if an employer would like to terminate based on poor performance, the employer has to give advance notice or, in the case of immediate termination, pay one month’s severance.
If an employer is concerned the terminated employee might sue for wrongful termination, the employer should give the employee a written letter stating all the reasons of termination at the time the employer terminates the employee.
The employer should ask the employee to sign the letter in order to show that the employee acknowledges the reasons for termination. The employer can use this letter as evidence before court, in the unlikely event that there is a need.
Q. I just hired a new domestic worker one week ago. She seemed to have lots of experience and a good recommendation from a previous employer, but she does not seem to be a good fit for my family’s needs. Do I have to pay her a month’s salary if I want to terminate her immediately? Is there such thing as a probation period?
It does not matter how long you hire the person to work for you. Provisions regarding advance notice period always apply when you terminate your employees, unless the reason of termination falls into one of the six categories specified in Section 119 (see question above).
In this case, if the worker just doesn’t seem to be a good fit for your family, you are required to give her advance notice for at least one pay cycle (which is normally one month).
However, if you feel uncomfortable having her around, you can also opt to pay her for the next full cycle and ask her to leave right away.
If you hire through an Agency, then the Agency will usually provide for a probation period, in addition to a free replacement(s).
Q. I have been told by friends that it is mandatory to pay a one-month bonus at the end of the year. Is this mandatory by law?
While it is common to pay a one-month bonus, the law does not stipulate that any bonus needs to be paid. Whether or not you pay a bonus to your domestic worker is up to you and what was discussed in the interview when she was hired.
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Helpful Resources
For a detailed description of current labor laws covering informally employed domestic workers, please consult the International Labour Organization’s (see below for logo) publication:
Developments in Law and Practice 2013:
www.ilo.org/wcmsp5/groups/public/@ed_protect/@protrav/@travail/documents/publication/wcms_208703.pdf
Labor Protection Act B.E. 2541 (1998). An English translation can be found at:
https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/49727/125954/F-1924487677/THA49727%20Eng.pdf
Ministerial Regulation No.14, B.E. 2555 (2012). An English summary can be found at: https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/93543/109394/F-2091615568/THA93543%20Eng.pdf